018247754

ZARSKA

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June 1, 2020

Trademark Summary

The trademark ZARSKA was filed by Stefan Peter Reßl, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 11, 2020, and received one opposition filed on September 13, 2020 by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2020

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

A transfer of the trademark registration was recorded on September 28, 2021. Appointment and Replacement of representative of the trademark registration was recorded on November 9, 2021.

The Opposition with reference B 003130766 was refused according to Article 8(1)(b) EUTMR with decision issued on June 12, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 33 with following description of goods:
  
  1. Alcoholic extracts
  2. Alcoholic essences
  3. Alcoholic wines
  4. Sugarcane-based alcoholic beverages
  5. Pre-mixed alcoholic beverages
  6. Alcoholic beverages containing fruit
  7. Alcoholic cocktail mixes
  8. Alcoholic punches
  9. Alcoholic egg nog
  10. Alcoholic fruit cocktail drinks
  11. Nira [sugarcane-based alcoholic beverage]
  12. Pre-mixed alcoholic beverages, other than beer-based
  13. Alcoholic beverages (except beer)
  14. Alcoholic cocktails containing milk
  15. Alcoholic coffee-based beverage
  16. Alcoholic tea-based beverage
  17. Grain-based distilled alcoholic beverages
  18. Alcoholic carbonated beverages, except beer
  19. Alcoholic cocktails in the form of chilled gelatins
  20. Vodka
  21. Absinthe
  22. Flavored tonic liquors
  23. Bourbon whiskey
  24. Schnapps
  25. Cachaca
  26. Calvados
  27. Arrack [arak]
  28. Baijiu [Chinese distilled alcoholic beverage]
  29. Distilled beverages
  30. Fermented spirit
  31. Ginseng liquor
  32. Extracts of spiritous liquors
  33. Distilled spirits of rice (awamori)
  34. Spirits [beverages]
  35. Kirsch
  36. Canadian whisky
  37. Cherry brandy
  38. Rum
  39. Scotch whisky
  40. Potable spirits
  41. Blended whisky
  42. Brandy
  43. Gin
  44. Whisky
  45. Sugar cane juice rum
  46. Low alcoholic drinks
  47. Herb liqueurs
  48. Liqueurs
  49. Coffee-based liqueurs
  50. Scotch whisky based liqueurs
  51. Bitters
  52. Peppermint liqueurs
  53. Rice alcohol
  54. Cream liqueurs
  55. Sake
  56. Blackcurrant liqueur
  57. Digesters [liqueurs and spirits].
• The mark was filed in class 35 with following description of goods:
  
  1. Retail services relating to alcoholic beverages
  2. Wholesale services in relation to alcoholic beverages (except beer)
  3. Retail services in relation to alcoholic beverages (except beer)
  4. Mail order retail services related to alcoholic beverages (except beer)
  5. Retail services via catalogues related to alcoholic beverages (except beer)
  6. Retail services via global computer networks related to alcoholic beverages (except beer)
  7. Alcoholic beverage procurement services for others [purchasing goods for other businesses]
  8. Marketing
  9. Digital marketing
  10. Advertising and marketing
  11. Arranging commercial transactions, for others, via online shops
  12. Mediation and conclusion of commercial transactions for others
  13. Purchasing of goods and services for other businesses
  14. Procurement of goods on behalf of other businesses
  15. Arranging business introductions relating to the buying and selling of products
  16. Retail services in relation to preparations for making alcoholic beverages
  17. Wholesale services in relation to beer.
• The mark was filed in class 39 with Distribution services relating to beverages, such as alcoholic beverages.