The trademark BONBETER was filed by Alibaba Group Holding Limited, a corporation established under the laws of the Cayman Islands (the "Applicant"). The application was published for oppositions on May 18, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 16, 2020 by BONNETERRE ET COMPAGNIE, Société par Actions Simplifiée on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and its proceedings were handled in English The second opposition filed on August 16, 2020 by BONNETERRE ET COMPAGNIE, Société par Actions Simplifiée on Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and its proceedings were handled in English The third opposition filed on August 16, 2020 by ECOTONE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 16, 2020. Appointment and Replacement of representative of the trademark registration was recorded on February 24, 2021.
The Appeal with reference B R0960/2022-2 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on August 29, 2022 by the EUIPO. The Opposition with reference B 003128638 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 5, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 30 with Ice.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed forestry products
Raw and unprocessed grains and seeds
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 33 with following description of goods:
Digesters [liqueurs and spirits]
Wine
Gin
Rum
Vodka
Whisky
Spirits [beverages]
Rice alcohol
Distilled beverages
Japanese sake [liquors]
Fruit wines
Sparkling wines.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Organization, operation and supervision of loyalty and incentive schemes
Advertising services provided via the Internet
Production of television and radio advertisements
Accountancy
Auctioneering
Trade fairs
Opinion polling
Data processing
Provision of business information
Advertising agency services
Advertising services provided for others
Database management
Compilation of information into computer databases
Business consulting services
Business consulting services in the field of web based events, conferences, training programs, learning programs, and seminars
Business consulting services in the field of delivering web-based knowledge
Business consulting services in the field of online collaboration and collaboration technologies
Business consulting services in the fields of sales and marketing
Business project management services
Business project management services relating to development, set up, staging, production, recording, monitoring and follow-up for web based events, conferences, training programs, learning programs, and seminars
Market research and business consulting services
Business consultancy services relating to facilitating the transaction of business via local and global computer networks by locating and providing referrals for the delivery of a wide variety of business and consumer products and services
Dissemination of business information of goods and services of others via local and global computer networks
Business consultancy services relating to providing a web site on a global computer network by which third parties can offer and source goods and services, place, determine the status of and fulfil trade leads and orders, enter into contracts and transact business
Providing computerized online ordering services
Advertising of goods and services of others via local and global computer networks
International import and export agency services
Rental of advertising space on communication media
Online trading services relating to electronic auctioneering and providing online business evaluation relating thereto
Providing a directory of third party web sites to facilitate business transactions
Business consultancy services relating to operating an electronic marketplace for the buyers and sellers of goods and/or services on a global computer network
Business assistance relating to facilitating business transaction via local and global computer networks
Corporate management consultancy services
Marketing and promotion services
Publication of publicity materials
Marketing of vacant premises
Dissemination of advertising materials, updating of advertising materials, compilation of advertisements for use as web pages on the Internet
Rental of advertising space
Computer data processing
Sales, business and promotional information services
Telephone answering (for unavailable subscribers)
Telephone answering (for others)
Auctioneering provided on the Internet
Personnel management
Provision of sales, business, advertising and promotional information through a global computer network and via the Internet
Presentation of goods on communication media for retail purposes
Retail and wholesale of bleaching preparations and other substances for laundry use, leather bleaching preparations, fabric softeners for laundry use, cleaning, polishing, scouring and abrasive preparations, shining preparations [polish], abrasive cloth, polishing paper, glass cloth, glass paper, floor wax, shoe wax, polish for furniture and flooring, detergents other than for use in manufacturing operations and for medical purposes, dry-cleaning preparations
Retail and wholesale of canned pressurized air for cleaning and dusting purposes, color-removing preparations, varnish-removing preparations, wallpaper cleaning preparations, windscreen cleaning liquids, air fragrancing preparations, joss sticks, medicated soap, extracts of flowers [perfumes]
Retail and wholesale of massage gels other than for medical purposes, sunscreen preparations, sun-tanning preparations [cosmetics], lipsticks, lipstick cases, cosmetic preparations for skin care, cosmetic preparations for slimming purposes
Retail and wholesale of adhesives for cosmetic purposes, nail care preparations, make-up removing preparations, shampoos, dry shampoos, shampoos for pets, hair lotions, aftershave lotions, shaving preparations, dentifrices, dental bleaching gels, mouth washes not for medical purposes, hair spray, hair dyes, antiperspirants [toiletries], deodorants for human beings or for animals, pharmaceutical and veterinary preparations, vaccines, sunburn ointments, sanitary preparations for medical purposes
Retail and wholesale of sterilising preparations, solutions for contact lenses, panty liners [sanitary], remedies for foot perspiration, dietetic food and substances adapted for medical or veterinary use, yeast for pharmaceutical purposes, sugar for medical purposes, royal jelly dietary supplements, food for babies, dietary supplements for humans and animals, nutritional supplements, vitamin preparations, tanning pills, slimming pills, tobacco-free cigarettes for medical purposes
Retail and wholesale of plasters, materials for dressings, surgical cloth [tissues], surgical implants [living tissues], material for stopping teeth, teeth filling material, dental wax, mouthwashes for medical purposes, disinfectants, preparations for destroying vermin, fungicides, herbicides, rat poison, repellents for dogs
Retail and wholesale of telephones, mobile phone handsets, mobile phone accessories, electronic goods, namely, radios cameras, personal digital assistants (PDA), MP3 players, portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating and reviewing audio files, mobile phones, portable electronic communications devices, cameras, compact disc players, video recorders and camcorders, telecommunications goods, computer hardware and computer software
Retail and wholesale of batteries, battery chargers, apparatus and instruments for recording, receiving, transmitting and/or reproducing data, information, pictures, images and/or sound, surgical, medical, dental and veterinary apparatus and instruments, obstetric apparatus, X-ray apparatus for medical purposes, hot air therapeutic apparatus, electric blankets for medical purposes, testing apparatus for medical purposes, blood testing apparatus, hearing aids for the deaf, hearing protectors
Retail and wholesale of massage apparatus, air pillows for medical purposes, air cushions for medical purposes, physical exercise apparatus for medical purposes, vaporizers for medical purposes, fumigation apparatus for medical purposes, thermal packs for first aid purposes, armchairs for medical or dental purposes, artificial limbs, eyes and teeth, orthopedic articles, suture materials, supportive bandages, surgical implants [artificial materials], babies' bottles, tongue scrapers
Retail and wholesale of X-ray photographs for medical purposes, precious metals, jewellery, precious stones, printed matter, stationery, magnetically and non-magnetically encoded cards, furniture, picture frames, household and kitchen utensils, glassware, porcelain and earthenware, textiles, clothing, footwear, headgear, laces and embroidery, buttons, ribbons, pins and needles, artificial flowers, carpets, rugs, games and electronic toys
Retail and wholesale of chemicals used in industry, science, photography and agriculture, paints, varnishes and lacquers, personal hygiene products, soaps, perfumery, cosmetics, hair and body lotions, essential oils, cleaning and bleaching preparations, lubricants, fuels, candles, pharmaceutical, veterinary and sanitary preparations, ironmongery and small items of metal hardware, electrical apparatus for the kitchen, electrical apparatus for domestic cleaning purposes
Retail and wholesale of electrical apparatus for personal hygiene purposes and machine tools, cutlery, razors and hand tools, computers, calculating machines, photographic, cinematographic and optical apparatus and instruments, spectacles and sun glasses, surgical and medical apparatus and instruments, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Retail and wholesale of vehicles, firearms, fireworks, silverware [cutlery, forks and spoons], figurines made from silver, jewellery made from silver, silver watches, horological and chronometric instruments
Retail and wholesale of musical instruments, magazine, cards, books, pamphlets, posters, printed cards, circulars, catalogues, calendars, price tags, price labels, carrier bags of paper and cardboard, advertisement boards of paper or cardboard, postcards, greeting cards, containers of paper for packaging, paperboard boxes, paper bags and sacks, stickers (stationery), tissues and handkerchiefs made of paper
Retail and wholesale of models and figurines made of paper, paper party bags, paper, cardboard, wrapping paper, paper cards, paper boxes, stationery, picture, typewriters and office requisites, packaging materials, rubber and plastics for manufacture use, packing and insulating materials
Retail and wholesale of leather and imitations of leather and leather garments, leather belts, leather bags, leather covers for electronic devices, handbags, purses, wallets, leather holders, bags, luggage, umbrellas, mirrors, ropes, string, nets, tents, yarns and threads for textile use, coat hangers, place mats, dressmaker's articles, bed and table covers, playthings and sporting articles
Retail and wholesale of edible seaweed (preserved, dried or cooked), fresh seaweed, wine, Japanese sake [liquors], fruit wines, sparkling wines, flowers, flower baskets, bowls and pots for flowers and plants, floral decorations, tobacco, smokers' articles and matches
Direct mail advertising
Buying and selling agency services
Selection of goods and procurement of goods for individuals and businesses
Ordering services (for others)
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to bleaching preparations and other substances for laundry use, leather bleaching preparations, fabric softeners for laundry use, cleaning, polishing, scouring and abrasive preparations, shining preparations [polish], abrasive cloth, polishing paper, glass cloth, glass paper, floor wax, shoe wax, polish for furniture and flooring
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to detergents other than for use in manufacturing operations and for medical purposes, dry-cleaning preparations, canned pressurized air for cleaning and dusting purposes, color-removing preparations, varnish-removing preparations, wallpaper cleaning preparations, windscreen cleaning liquids, air fragrancing preparations, joss sticks, soaps, medicated soap
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to perfumery, extracts of flowers [perfumes], essential oils, massage gels other than for medical purposes, sunscreen preparations, sun-tanning preparations [cosmetics], cosmetics, lipsticks, lipstick cases, cosmetic preparations for skin care, cosmetic preparations for slimming purposes, adhesives for cosmetic purposes, nail care preparations, make-up removing preparations
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to shampoos, dry shampoos, shampoos for pets, hair lotions, aftershave lotions, shaving preparations, dentifrices, dental bleaching gels, mouth washes not for medical purposes, hair spray, hair dyes, antiperspirants [toiletries], deodorants for human beings or for animals, pharmaceutical and veterinary preparations, vaccines, sunburn ointments
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to sanitary preparations for medical purposes, sterilising preparations, solutions for contact lenses, panty liners [sanitary], remedies for foot perspiration, dietetic food and substances adapted for medical or veterinary use, yeast for pharmaceutical purposes, sugar for medical purposes royal jelly dietary supplements, food for babies
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to dietary supplements for humans and animals, nutritional supplements, vitamin preparations, tanning pills, slimming pills, tobacco-free cigarettes for medical purposes, plasters, materials for dressings, surgical cloth [tissues], surgical implants [living tissues], material for stopping teeth, teeth filling material, dental wax, mouthwashes for medical purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to disinfectants, preparations for destroying vermin, fungicides, herbicides, rat poison, repellents for dogs
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to apparatus and instruments for recording, receiving, transmission and/or reproduction of data, information, pictures, images and/or sound, magnetic data carriers, recording discs, mechanisms for coin-operated apparatus, cash registers, calculating machines
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to data processing equipment, computers, computer peripherals, notebook computers, laptop computers, portable computers, handheld computers, personal digital assistants, Global Positioning System (GPS) apparatus and equipment, computer workstations, servers, computer and telecommunications networking hardware, computer network adaptors, switches, routers and hubs
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to wireless and wired modems and communication cards and devices, laptop holders, computer bags, computer hardware and firmware, computer software, computer programs, computer software (including software downloadable from the Internet), software for processing electronic payments to and from others, authentication software, computer software supplied on the Internet
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to online electronic publications (downloadable from the Internet or a computer network or a computer database), downloadable computer software to facilitate the electronic transmission of information, data, documents, voice, and images over the Internet
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable computer software which allows users to participate in web-based meetings and classes, with access to data, documents, images and software applications through a web browser, downloadable computer software for accessing, viewing, and controlling remote computers and computer networks
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of telecommunications, the Internet, training, business, sales and marketing, alarm systems, fire-extinguishing apparatus, security cameras, cameras, video cameras, digital cameras
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of telephones, mobile telephones, smart phones, mobile phone handsets, mobile phone accessories, electronic goods, namely, radios cameras, personal digital assistants (PDA), MP3 players
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating and reviewing audio files, mobile phones, portable electronic communications devices
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of cameras, compact disc players, video recorders and camcorders, telecommunications goods, personal media players, compact discs, digital music (downloadable from the Internet), telecommunications apparatus, mouse mats
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of downloadable games, pictures, motion pictures, movies and music, mobile radio and television broadcasting units, television broadcasting equipment, headphones, ear pieces, speakers
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of electronic and video games programmes and software (including software downloadable from the Internet), electronic amusement and game apparatus, games and electronic toys, liquid crystal displays for telecommunications and electronic equipment, set top box
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of remote control, data storage programs, spectacles and sunglasses, signboards, automatic teller machines, cash dispensers, surgical, medical, dental and veterinary apparatus and instruments, obstetric apparatus, X-ray apparatus for medical purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of hot air therapeutic apparatus, electric blankets for medical purposes, testing apparatus for medical purposes, blood testing apparatus, hearing aids for the deaf, hearing protectors, massage apparatus
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of air pillows for medical purposes, air cushions for medical purposes, physical exercise apparatus for medical purposes, vaporizers for medical purposes, fumigation apparatus for medical purposes, thermal packs for first aid purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of armchairs for medical or dental purposes, artificial limbs, eyes and teeth, orthopedic articles, suture materials, supportive bandages, surgical implants [artificial materials], babies' bottles, tongue scrapers, X-ray photographs for medical purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of newspapers, magazines, periodicals, journals, cards, books, pamphlets, posters, printed cards, circulars, catalogues, calendars, price tags, price labels, carrier bags of paper and cardboard, advertisement boards of paper or cardboard, postcards, greeting cards
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of containers of paper for packaging, paperboard boxes, paper bags and sacks, stickers (stationery), cards, tissues and handkerchiefs made of paper, models and figurines made of paper, paper party bags, paper, cardboard, wrapping paper, paper cards, paper boxes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of stationery, printed matter, bookbinding material, photographs, stationery, cards, picture, typewriters and office requisites, rubber and plastics for manufacture use, packing and insulating materials, adhesives for stationery or household purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of artists' materials, paint brushes, instructional and teaching material (except apparatus), plastic materials for packaging, printers' type, printing blocks, carry bags of plastic
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of printed telephone, facsimile, electronic mail and web site directories, printed marketing and promotional materials, printed advertisements, user manuals
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of electrical apparatus for the kitchen, electric razors, electric toothbrushes, batteries, battery chargers, magnetic and non-magnetically encoded cards, furniture, picture frames, household and kitchen utensils
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of glassware, porcelain and earthenware, chemicals used in industry, science, photography and agriculture, paints, varnishes and lacquers, personal hygiene products, soaps, perfumery, cosmetics, hair and body lotions, essential oils
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of cleaning and bleaching preparations, lubricants, fuels, candles, pharmaceutical, veterinary and sanitary preparations, ironmongery and small items of metal hardware, electrical apparatus for the kitchen, electrical apparatus for domestic cleaning purposes
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of electrical apparatus for personal hygiene purposes and machine tools, cutlery, razors and hand tools, photographic, cinematographic and optical apparatus and instruments, spectacles and sunglasses, surgical and medical apparatus and instruments
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, vehicles, firearms, fireworks
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of silverware [cutlery, forks and spoons], figurines made from silver, jewellery made from silver, silver watches, horological and chronometric instruments, precious metals, jewellery, precious stones
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of leather covers for electronic devices, leather garments, leather bags, leather belts, handbags, purses, wallets, leather holders, bags, luggage, umbrellas, mirrors, ropes, string, nets, tents, yarns and threads for textile use, coat hangers, place mats
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of dressmaker's articles, bed and table covers, textiles, clothing, footwear, headgear, laces and embroidery, buttons, ribbons, pins and needles, artificial flowers, carpets, rugs, playthings and sporting articles
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of foodstuffs and beverages, meat, fish, poultry, preserved, dried and cooked fruits and vegetables, jams and fruits sauces, eggs, milk and milk products, edible oils and fats, coffee, tea, cocoa, sugar, rice, flour, bread and cakes, condiments
Retail and wholesale services, online retail services, department store services, supermarket retailing services, all in relation to downloadable electronic publications in the nature of articles, papers and instructional materials in the fields of fresh fruit and vegetables, beer, mineral water, fruit juices and other non-alcoholic drinks, alcoholic beverages, fresh flowers, dried flowers, tobacco, smokers' articles and matches
All of the aforementioned also enabling customers to conveniently view and purchase these goods from a general merchandise Internet web site and in a wholesale outlet, a general merchandise catalogue by mail order or by means of telecommunications and from retail outlets
Secretarial services
Provision of business statistical information
Organization of exhibitions for commercial or advertising purposes
Business assistance services relating to compilation and rental of mailing lists
Business investigation
Business administration services for the processing of sales made on the Internet
Business referral services and personnel placement