The trademark tataback was filed by TATABACK CO.,LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on July 30, 2020, and received one opposition filed on October 21, 2020 by PLASTICOS TA-TAY, S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 21, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003133182 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 3, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Orthodontic apparatus
Teeth protectors for dental purposes
Hearing aids
Incontinence sheets
Gloves for massage
Hearing protectors
Anti-rheumatism bracelets
Anti-rheumatism rings
Teething rings
Feeding bottles
Breast pumps
Sex toys
Orthopaedic articles
Elastic stockings for surgical purposes
Orthopaedic soles
Corsets for medical purposes
Vibromassage apparatus
Massage apparatus
Esthetic massage apparatus
Feeding bottle teats.
The mark was filed in class 21 with following description of goods:
Whisks, non-electric, for household purposes
Frying pans
Electric combs
Brushes (Electric -), except parts of machines
Basting brushes
Electric toothbrushes
Heads for electric toothbrushes
Cosmetic utensils
Toilet cases
Eyebrow brushes
Shaving brushes
Make-up removing appliances
Cosmetic brushes
Eyelash brushes
Make-up sponges
Cleaning instruments, hand-operated
Polishing apparatus and machines, for household purposes, non-electric