The trademark B ACTIBAR was filed by REFRIVAL S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 18, 2020, and received one opposition filed on November 15, 2020 by Papula, Martin on Likelihood of confusion. the opponent was represented by Císek, Jiří and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 15, 2020
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 8, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific and laboratory devices for treatment using electricity
Measuring, detecting, monitoring and controlling devices
Safety, security, protection and signalling devices
Diving equipment
Information technology and audio-visual, multimedia and photographic devices
Recorded content
Magnets, magnetizers and demagnetizers
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Scientific research and laboratory apparatus, educational apparatus and simulators
Navigation, guidance, tracking, targeting and map making devices
Data processing equipment and accessories (electrical and mechanical)
Communications equipment
Software
Enterprise software
Interactive software
Collaboration management software platforms
Computer software platforms for social networking
Software related to handheld digital electronic devices
Application software for social networking services via internet
Machine learning software for advertising
Search marketing software
Process controlling software
Computer software for database management
Customer relation management [CRM] software
Logistics software
Payment software
Market prediction software
Communications server software
Retail software
Computer e-commerce software
Application development software
Communication, networking and social networking software
Enterprise resource planning [ERP] software
Computer software for advertising
Social software
Network controlling apparatus
Computer programs for project management
Business management software
Supply chain management software
Product lifecycle management software
Enterprise content management [ECM] software
Business process management [BPM] software
Coffee measures
Coffee densitometers
However, the above mentioned items of this class do not include any product or service used for the production of vacuum, compressed air or industrial filtration.
The mark was filed in class 35 with following description of goods:
Management administration of commercial undertakings
Analysis of business management systems
Business advice relating to marketing management consultations
Advice in the field of business management and marketing
Business management advisory services relating to franchising
Assistance to management in commercial enterprises in respect of public relations
Assistance to commercial enterprises in the management of their business
Business management assistance in the establishment and operation of restaurants
Management and operation assistance to commercial businesses
Assistance to management in commercial enterprises in respect of advertising
Business management and organization consultancy
Corporate management consultancy
Commercial management
Commercial administration of the licensing of the goods and services of others
Business accounts management
Business management
Business management of retail outlets
Management of customer loyalty, incentive or promotional schemes
Business assistance, management and administrative services
Advertising, marketing and promotional services
Auctioneering services
Subscriptions to telecommunications database services
Wholesale services in relation to freezing equipment
Wholesale services in relation to refrigerating equipment
Wholesale services in relation to food cooking equipment
Retail services in relation to cooling equipment
Retail services in relation to food cooking equipment
Retail services in relation to foodstuffs
Wholesale services in relation to educational supplies
Wholesale services in relation to furniture
Retail services in relation to beer
Wholesale services in relation to beer
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to furnishings
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to alcoholic beverages (except beer)
Wholesale services in relation to preparations for making alcoholic beverages
Retail services in relation to freezing equipment
Retail services in relation to refrigerating equipment
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to non-alcoholic beverages
Retail services in relation to preparations for making beverages
Wholesale services in relation to foodstuffs
Retail services via global computer networks related to beer
Wholesale services in relation to computer software
Sales administration
Advisory services relating to commercial transactions
Purchasing of goods and services for other businesses
Human resources management and recruitment services
Business consultancy and advisory services
Administrative support and data processing services
Business analysis and information services, and market research
Advertising, marketing and promotional consultancy, advisory and assistance services
Distribution of advertising, marketing and promotional material
Provision and rental of advertising space, time and media
Product demonstrations and product display services
Trade show and commercial exhibition services
Public relations services
Loyalty, incentive and bonus program services
Business assistance relating to corporate identity
Business assistance relating to business image
Assistance in product commercialization, within the framework of a franchise contract
Provision of advertising space, time and media
Retail services in relation to coffee
Wholesale services in relation to coffee
However, the above mentioned items of this class do not include any product or service used for the production of vacuum, compressed air or industrial filtration.
The mark was filed in class 39 with following description of goods:
Vehicle parking and storage
Distribution by pipeline and cable
Packaging and storage of goods
Rental services related to transportation and storage
Transport information, advice and reservation services
Transport
Loading and unloading of vehicles
Filling of machines and containers
Bulk storage
Storage of beverages
Refrigerated storage
Packing of food
Provision of warehousing services and facilities
Bottling services
Provision of cold store facilities.
The mark was filed in class 41 with following description of goods:
Publishing, reporting, and writing of texts
Education, entertainment and sport services
Ticket reservation and booking services for education, entertainment and sports activities and events
Translation and interpretation
Services for the publication of newsletters
Publication of fact sheets
Publication of leaflets
Organisation of conferences, exhibitions and competitions
Audio, video and multimedia production, and photography
Live performance services
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Education and instruction services
Gambling services
Video game services
Sports and fitness services
Amusement and theme parks, fairs, zoos and museums
Conducting of seminars and congresses
Arranging and conducting of commercial, trade and business conferences
Arranging and conducting of congresses
Arranging, conducting and organisation of workshops
Training and further training consultancy
Conducting of educational events
Providing training courses on business management
Courses (Training -) relating to customer services
Development of educational materials
Conducting courses, seminars and workshops
Educational services relating to brewing.
The mark was filed in class 43 with following description of goods:
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Provision of food and drink
Temporary accommodation
Temporary accommodation information, advice and reservation services
Information, advice and reservation services for the provision of food and drink
Boarding for animals
Rental of bar equipment
Rental of catering equipment
Rental of furniture, linens and table settings
Food and drink catering
Preparation and provision of food and drink for immediate consumption
Serving food and drink in restaurants and bars
Bar services
Beer bar services
Serving of alcoholic beverages
Sommelier services
Provision of information relating to the preparation of food and drink
Providing information about bartending
Serving beverages in brewpubs
Cafeteria services
Café services
Coffee supply services for offices [provision of beverages].