The trademark DAVIN Thinks Different was filed by Foshan Boyuan Electronics Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 3, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on July 26, 2020 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and its proceedings were handled in English The second opposition filed on July 21, 2020 by Intuitive Surgical Operations, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BECK GREENER LLP and its proceedings were handled in English
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 April 21, 2020.
The Opposition with reference B 003126501 was rejected according to Article 8(1)(a) EUTMR with decision issued on September 26, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
USB card readers
Wireless chargers
Cases adapted for mobile phones
Carrying cases for mobile phones
Touch screens
Goggles
Headsets
Rechargeable batteries
Rechargeable cells
USB chargers
MP3 players
Locks, electronic
Data cables
USB cables for cellphones
Plugs, sockets and other contacts [electric connections]
Selfie sticks
Selfie sticks used as smartphone accessories
Selfie sticks [hand-held monopods]
Electrical recorders
Car video recorders
Electronic speed recorders
Kilometer recorders for vehicles
GPS navigation devices
Transponders
Carrying cases for cell phones
Cases for mobile phones
Cases for smartphones
Stands adapted for mobile phones.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Apparatus for use in medical analysis
Sphygmomanometers
Esthetic massage apparatus
Stents
Physiotherapy apparatus
Beds, specially made for medical purposes
Thermometers for medical purposes
Dental apparatus, electric
Electric acupuncture instruments
Respiratory exercisers
Babies' bottles
Love dolls [sex dolls]
Artificial skin for surgical purposes
Elastic stockings for surgical purposes
Dental apparatus and instruments
Gloves for medical purposes
Thread for medical use
Respirators for medical purposes
Surgical breathing masks
Protective breathing masks for artificial respiration
Protective breathing masks for medical applications
Protective breathing masks for surgical applications
Respiratory masks for artificial respiration
Respirators for artificial respiration
Respiratory masks for medical purposes
Face masks for surgical use
Face masks for medical use
Protective face masks for medical use
Face masks for surgical use for anti bacterial protection
Face masks for surgical use for toxic substance protection
Face masks for medical use for toxic substance protection
Face masks for medical use for anti bacterial protection.