The trademark EL D EL DIABLO was filed by Nikoleta Aprilova, a national of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on August 20, 2020, and received one opposition filed on November 19, 2020 by Viña Concha y Toro S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MARKS & CLERK LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 19, 2020
It was designated 'Basic Application' for International Application 1568734 at the World Intellectual Property Organization (WIPO).
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003135164 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 6, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Hats
Clothing
Bathing suits
Bathing trunks
Bathing costumes for women
Bathing suits for men
Underwear
Bikinis
Blouses
Hooded tops
Tank tops
Boxer shorts
Boleros
Embroidered clothing
Wedding dresses
Bustiers
Stuff jackets [clothing]
Windproof clothing
Quilted vests
Evening wear
Veils [clothing]
Neckwear
Outerclothing
Weather resistant outer clothing
Loungewear
Woolen clothing
Jumper suits
Down vests
Snow suits
Pelisses
Chemises
Women's suits
Knickers
Petti-pants
Skirt suits
Coats for women
Ladies' dresses
Shawls and stoles
Shawls and headscarves
Ladies' underwear
Womens' outerclothing
Ladies' clothing
Children's wear
Children's wear
Housecoats
Lounge pants
Maternity clothing
Leisurewear
Clothing of imitations of leather
Rain slickers
Tights
Denims [clothing]
Jackets [clothing]
Sock suspenders
Gilets
Garments for protecting clothing
Overalls
Heavy coats
Winter coats
Winter gloves
Leggings [leg warmers]
Hoods [clothing]
Cashmere clothing
Athletic tights
Leather dresses
Leather belts [clothing]
Clothing of leather
Furs [clothing]
Waist belts
Belts [clothing]
Silk clothing
Silk scarves
Waist cinchers
Suits
Three piece suits [clothing]
Pantsuits
Headscarves
Kerchiefs [clothing]
Neck tube scarves
Linen clothing
Head sweatbands
Outerclothing for men
Men's and women's jackets, coats, trousers, vests
Men's suits
Coats for men
Swim wear for gentlemen and ladies
Menswear
Men's socks
Men's underwear
Collars [clothing]
Leisure suits
Casual jackets
Waterproof clothing
Waterproof clothing
Nightwear
Clothing for men, women and children
Leisurewear
Formalwear
Formal evening wear
Coats
Trousers
Bowties
Beach wraps
Sleepsuits
Beach clothes
Knit tops
Ready-made linings [parts of clothing]
Skirts
Ponchos
Girdles
Aprons [clothing]
Hats
Sweaters
Work clothes
Shirts
Dresses
Gloves [clothing]
Coats
Wedding dresses
Clothing for skiing
Underpants
Nightwear
Sportswear
Sportswear
Hooded sweatshirts
Jumper dresses
Bralettes
Tankinis
Fabric belts [clothing]
Tee-shirts
Thermal underwear
Trench coats
Hosiery
Tunics
Woven clothing
Uniforms
Lingerie
Aloha shirts
Dressing gowns
Socks
Tights
Shawls
Headscarves
Scarves
Beach wraps
Shoulder scarves
Shorts
Sleeveless jackets
Sleeved jackets
Collars
Leather headwear
Caps being headwear
Caps being headwear
Baseball caps
Leather headwear
Fur hats
Visors
Visors being headwear
Muffs [clothing]
Small hats
Beach hats
Knot caps
Flat caps
Sports caps and hats
Bandanas [neckerchiefs]
Sun hats
Fake fur hats
Peaked caps
Boaters
Hats
Hats.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Flavored tobacco
Roll-your-own tobacco
Mentholated tobacco
Menthol pipe tobacco
Flavourings, other than essential oils, for tobacco
Manufactured tobacco
Raw tobacco
Tobacco
Smokeless tobacco
Chewing tobacco
Pipe tobacco
Hookah tobacco
Smoking tobacco
Roll-your-own tobacco
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Roll-your-own tobacco
Cigarette tobacco
Tobacco and tobacco substitutes
Roll-your-own tobacco
Leaf tobacco
Tobacco products
Articles for use with tobacco
Tobacco and tobacco products (including substitutes)
Matches
Safety matches
Cigar lighters
Cigarette lighters
Cigarette lighter holders
Tobacco pouches
Smoking urns
Tobacco containers and humidors
Tobacco pouches
Ashtrays
Cigar cutters
Cigarette paper
Cigarette paper
Mouthpieces for cigarettes
Tobacco filters
Cigar filters
Pipe filters
Cigarette paper
Cigarette holders
Pocket machines for rolling cigarettes
Small cigars
Cigars
Cigarettes
Filter-tipped cigarettes
Cigarettes containing tobacco substitutes
Cheroots
Cigars for use as an alternative to tobacco cigarettes
Tobacco free cigarettes, other than for medical purposes
Menthol cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes