EUTM file information

018722350

CHERRYBAY


June 23, 2022

Trademark Summary

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:
    1. Advertising
    2. Business management
    3. Business administration
    4. Office functions
    5. Commercial business management
    6. Business management in connection with the management of other companies
    7. Professional management of hospitality and catering establishments, including restaurants, cafés, hotels and clubs
    8. Wholesaling and retailing in relation to food, sweets, soft drinks, alcoholic beverages, fresh meals, kitchen utensils, clothing and care preparations
    9. Import and export services
    10. Advertising and sales promotion
    11. Writing of publicity texts
    12. Publication of publicity texts
    13. Distribution of samples
    14. Advertising
    15. 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
    16. Business assistance in the running of supermarkets
    17. Sales promotion by placing advertisements, including in the form of promotional displays, on an electronic site accessible via a computer network
    18. 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
    19. 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
    20. Administrative management of advantage, discount and savings programmes
    21. Business mediation in relation to providing supermarket products via electronic means
    22. Commercial administration of the licensing of the goods and services of others
    23. Merchandising
    24. Market prospecting, research and analysis
    25. Drawing up statistics
    26. Opinion polling and surveys
    27. Compilation of information into computer databases
    28. Arranging and conducting advertising events and compilation and execution of advertisements
    29. Arranging and conducting promotional events and activities (sales promotion)
    30. Office functions within the framework of drawing up and concluding franchise agreements for wholesale companies, supermarkets and retail companies
    31. Organization of trade fairs for commercial or advertising purposes
    32. Offering discounts and other financial advantages, including for sales promotion purposes and to encourage customer loyalty
    33. Setting up and providing of discount, savings and advantage schemes
    34. Including all the aforesaid services in the context of franchising
    35. 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:
    1. Education
    2. Training
    3. Entertainment services
    4. Sporting and cultural activities
    5. Composition, production, arranging and conducting of concerts, tours, music and dance performances and other events
    6. Production, compilation and direction of films and radio and television programmes, whether or not with the help of interactive techniques and methods
    7. Presentation of music and amusement programmes, also via radio and television
    8. Organising trade shows and exhibitions for cultural and educational purposes
    9. Publication, lending and dissemination of newsletter, books, newspapers, magazines, guides, programme listings and other publications
    10. Providing educational and cultural (entertainment) information via websites
    11. Performing arts, including providing musical and dance performances
    12. Providing online video and/or audio recordings in the field of entertainment
    13. Production of audio and/or video recordings (audiovisual production)
    14. Production and compiling of music
    15. Mediation between artists (services of an impresario)
    16. Recording of sound on carriers
    17. Arranging of club evenings
    18. Booking of artists for concerts, tours, theatre productions, sports competitions and other entertainment
    19. Information and consultancy relating to the aforesaid services
    20. 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:
    1. Services for providing food and drink
    2. Providing temporary accommodation
    3. Café services
    4. Hotels, cafés, bars and restaurants
    5. Including all the aforesaid services in the context of franchising
    6. Reservations for the aforesaid arrangements
    7. Services for the provision of hotel accommodation
    8. Services for providing food and drink
    9. Food and drink catering
    10. Temporary rental of rooms, apartments, suites, conference rooms and exhibition rooms
    11. Providing of temporary accommodation
    12. Reservation of hotel rooms and apartments
    13. Information and consultancy relating to the aforesaid services
    14. All the aforesaid services whether or not via electronic channels, including the Internet.