The trademark Athletes was filed by Holger Emmerich, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 19, 2023, and received one opposition filed on September 19, 2023 by Woolworth GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ahlborn-Bauer, Silke and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018723365 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 8, 2023 by the EUIPO. The Opposition with reference B 003203523 was rejected according to Article 8(1)(a) EUTMR with decision issued on November 28, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Spectacles, namely Reading eyeglasses, Spectacles for use with monitors and Occupational glasses
Spectacle cases, namely, for use in relation to the following goods: Reading eyeglasses, Spectacles for use with monitors and Occupational glasses
Spectacle frames, namely, for use in relation to the following goods: Reading eyeglasses, Spectacles for use with monitors and Occupational glasses
Spectacle frames, namely, for use in relation to the following goods: Reading eyeglasses, Spectacles for use with monitors and Occupational glasses
Spectacle lenses, namely, for use in relation to the following goods: Reading eyeglasses, Spectacles for use with monitors and Occupational glasses
Pince-nez.
The mark was filed in class 25 with following description of goods:
Headgear
Caps being headwear
Outerclothing
Tee-shirts
Sports jerseys
Caps [headwear]
All the aforesaid clothing solely as parts of formal wear.