The trademark HIMALAYAN was filed by Dirk Hendrickx, a national of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on June 9, 2022, and received one opposition filed on September 8, 2022 by Prolana GmbH on Likelihood of confusion. the opponent was represented by DR. HILLERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Optical apparatus and instruments
Spectacles
Sunglasses
Pince-nez
Spectacle lenses
Spectacle frames
Spectacle cases, Spectacle cases and eyeglass covers
Spectacle cords
Spectacle chains
Parts for the aforesaid goods included in this class.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: optical apparatus and instruments, Spectacles, sun glasses, pince-nez, Spectacle lenses, Spectacle frames, Spectacle cases, Spectacle cases and eyeglass covers, Eyeglass cords, Spectacle chains and parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Articles of clothing, Shoes and headgear, Jeans, Clothing of denim, Coats and Jackets, lounge pants, Singlets, sweatshirts, Ankle socks, Belts, Caps, Neckties, dresses, Shoes, Flip-flops and sandals
Organisation of events for commercial and advertising purposes
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.