The trademark iTomato was filed by Xiaoru Chen, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 14, 2020, and received one opposition filed on December 13, 2020 by MEGARIGHTS S.àr.l. on Likelihood of confusion. the opponent was represented by OFFICE FREYLINGER S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 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 003136652 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 1, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Burners, boilers and heaters
Cooking, heating, cooling and preservation equipment, for food and beverages
Drying installations
Filters for industrial and household use
Fireplaces
Flues and installations for conveying exhaust gases
Heating, ventilating, and air conditioning and purification equipment (ambient)
Igniters.
The mark was filed in class 18 with following description of goods:
Luggage, bags, wallets and other carriers
Kid
Industrial packaging containers of leather
Imitation leather sold in bulk
Imitation leather hat boxes
Imitation leather
Harness fittings
Goldbeaters' skin
Girths of leather
Furs sold in bulk
Furniture coverings of leather
Fur
Faux fur
Document cases of leather
Curried skins
Chin straps, of leather
Chamois leather, other than for cleaning purposes
Cattle skins
Animal skins
Boxes made of leather
Boxes of leather or leatherboard
Butts [parts of hides]
Card holders made of imitation leather
Card holders made of leather
Cases of leather or leatherboard
Casings, of leather, for springs
Saddlery, whips and apparel for animals
Umbrellas and parasols
Walking sticks.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Parts of clothing, footwear and headgear.
The mark was filed in class 28 with Sporting articles and equipment.