The trademark soarsky was filed by YIWU SHITUO TRADE CO.,LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 2, 2020, and received one opposition filed on April 21, 2020 by Sky limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 21, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 29, 2020. Change of name and professional address of the trademark registration was recorded on July 25, 2021. Change of name and professional address of the trademark registration was recorded on April 21, 2022.
The Opposition with reference B 003116727 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Pipes and tubes of metal
Junctions of metal for pipes
Water-pipe valves of metal
Doors of metal
Locks of metal, other than electric
Tin cans
Ironmongery, small items of metal hardware
Ironmongery
Fittings of metal for furniture
Door bells of metal, non-electric
Rings of common metal for keys
Works of art of common metal.
The mark was filed in class 11 with following description of goods:
Lamps
Air conditioning installations
Searchlights
Chinese lanterns
Light-emitting diodes [LED] lighting apparatus
Bicycle lights
Cooking utensils, electric
Cooling appliances and installations
Water purification installations
Filters for drinking water
Anti-splash tap nozzles
Taps [faucets]
Hot water heating installations
Watering installations, automatic
Sanitary apparatus and installations
Toilet seats
Flushing apparatus
Radiators, electric
Lighters.
The mark was filed in class 20 with following description of goods:
Playpens for babies
Furniture
Infant walkers
Baskets, not of metal
Mirrors [looking glasses]
Picture frames
Plaited straw, except matting
Bolsters
Window fittings, not of metal
Door fittings, not of metal
Packaging containers of plastic
Works of art of wood, wax, plaster or plastic
Statuettes of resin
Nesting boxes
Furniture fittings, not of metal.
The mark was filed in class 21 with following description of goods:
Basins [receptacles]
Utensils for household purposes
Paper plates
Trays for domestic purposes, of paper
Containers for household or kitchen use
Services [dishes]
Cups
Tableware, other than knives, forks and spoons
Cups of paper or plastic
Disposable table plates
Heat-insulated containers
Cleaning instruments, hand-operated
Cosmetic utensils
Kitchen utensils
Glassware, porcelain and earthenware
Porcelain ware
Pottery
Works of art of porcelain, ceramic, earthenware or glass
Crystal [glassware]
Drinking vessels
Drinking straws
Boxes for dispensing paper towels
Combs
Brushes
Toothbrushes.
The mark was filed in class 26 with following description of goods:
Passementerie
Hair nets
Embroidery
Chenille [passementerie]
Trimmings for clothing
Charms, other than for jewellery, key rings or key chains
Hair grips [slides]
Brooches [clothing accessories]
Hair ornaments
Heat adhesive patches for repairing textile articles