The trademark CHERRYBAY was filed by Antonius van Isselt, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 10, 2022, and received one opposition filed on November 10, 2022 by NUBE, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAYLOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 10, 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 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Commercial business management
Business management in connection with the management of other companies
Professional management of hospitality and catering establishments, including restaurants, cafés, hotels and clubs
Wholesaling and retailing in relation to food, sweets, soft drinks, alcoholic beverages, fresh meals, kitchen utensils, clothing and care preparations
Import and export services
Advertising and sales promotion
Writing of publicity texts
Publication of publicity texts
Distribution of samples
Advertising
Wholesaling, namely business mediation in the wholesaling of products provided by supermarkets relating to foodstuffs, sweets, beverages, soft drinks, alcoholic beverages, fresh meals, kitchen utensils, clothing and care products
Business assistance in the running of supermarkets
Sales promotion by placing advertisements, including in the form of promotional displays, on an electronic site accessible via a computer network
The bringing together, for the benefit of others, of foodstuffs, sweets, beverages, soft drinks, alcoholic beverages, fresh meals, kitchen utensils and care products, being products provided by supermarkets, enabling customers to conveniently view and purchase those goods
Providing online retailing and online ordering (administrative processing of orders) in the field of foodstuffs, sweets, beverages, soft drinks, alcoholic beverages, fresh meals, kitchen utensils, clothing and care products, being products provided by supermarkets
Administrative management of advantage, discount and savings programmes
Business mediation in relation to providing supermarket products via electronic means
Commercial administration of the licensing of the goods and services of others
Merchandising
Market prospecting, research and analysis
Drawing up statistics
Opinion polling and surveys
Compilation of information into computer databases
Arranging and conducting advertising events and compilation and execution of advertisements
Arranging and conducting promotional events and activities (sales promotion)
Office functions within the framework of drawing up and concluding franchise agreements for wholesale companies, supermarkets and retail companies
Organization of trade fairs for commercial or advertising purposes
Offering discounts and other financial advantages, including for sales promotion purposes and to encourage customer loyalty
Setting up and providing of discount, savings and advantage schemes
Including all the aforesaid services in the context of franchising
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Composition, production, arranging and conducting of concerts, tours, music and dance performances and other events
Production, compilation and direction of films and radio and television programmes, whether or not with the help of interactive techniques and methods
Presentation of music and amusement programmes, also via radio and television
Organising trade shows and exhibitions for cultural and educational purposes
Publication, lending and dissemination of newsletter, books, newspapers, magazines, guides, programme listings and other publications
Providing educational and cultural (entertainment) information via websites
Performing arts, including providing musical and dance performances
Providing online video and/or audio recordings in the field of entertainment
Production of audio and/or video recordings (audiovisual production)
Production and compiling of music
Mediation between artists (services of an impresario)
Recording of sound on carriers
Arranging of club evenings
Booking of artists for concerts, tours, theatre productions, sports competitions and other entertainment
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Providing temporary accommodation
Café services
Hotels, cafés, bars and restaurants
Including all the aforesaid services in the context of franchising
Reservations for the aforesaid arrangements
Services for the provision of hotel accommodation
Services for providing food and drink
Food and drink catering
Temporary rental of rooms, apartments, suites, conference rooms and exhibition rooms
Providing of temporary accommodation
Reservation of hotel rooms and apartments
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.