The trademark SKYDANCE was filed by FIRMA USŁUGOWO-HANDLOWO-PRODUKCYJNA "GABRIELA" SPÓŁKA JAWNA J.BORUCKI, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 17, 2020, and received one opposition filed on December 14, 2020 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003136779 was refused according to Article 8(1)(b) EUTMR with decision issued on May 10, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Ladies' clothing
Menswear
Children's wear
Girls' clothing
Sweaters
Sportswear
Evening wear
Clothing for gymnastics
Nightwear
Blouses
Skirts
Shirts
Trousers
Casual jackets
Socks
Tops [clothing]
Outerclothing for men
Ladies' dresses
Short-sleeved T-shirts
Tank tops
Polo shirts
Track jackets
Sweat shirts
Hooded tops
Dance clothing
Children's outerclothing
Womens' outerclothing
Underwear
Lingerie.
The mark was filed in class 35 with following description of goods:
Retail services in relation to clothing
Wholesale services in relation to clothing
Retail services in relation to ladies' clothing
Wholesale services in relation to ladies' clothing
Retail services in relation to menswear
Wholesale services in relation to menswear
Retail services in relation to children's wear
Wholesale services in relation to children's wear
Retail services in relation to girls' clothing
Wholesale services in relation to girls' clothing
Retail services in relation to sweaters
Wholesale services in relation to sweaters
Retail services in relation to sportswear
Wholesale services in relation to sportswear
Retail services in relation to evening wear
Wholesale services in relation to evening wear
Retail services in relation to clothing for gymnastics
Wholesale services in relation to clothing for gymnastics
Retail services in relation to nightwear
Wholesale services in relation to nightwear
Retail services in relation to blouses
Wholesale services in relation to blouses
Retail services in relation to skirts
Wholesale services in relation to skirts
Retail services in relation to shirts
Wholesale services in relation to shirts
Retail services in relation to trousers
Wholesale services in relation to trousers
Retail services in relation to casual jackets
Wholesale services in relation to casual jackets
Retail services in relation to socks
Wholesale services in relation to socks
Retail services in relation to tops [clothing]
Wholesale services in relation to tops [clothing]
Retail services in relation to outerclothing for men
Wholesale services in relation to outerclothing for men
Retail services in relation to ladies' dresses
Wholesale services in relation to ladies' dresses
Retail services in relation to short-sleeved T-shirts
Wholesale services in relation to short-sleeved T-shirts
Retail services in relation to tank tops
Wholesale services in relation to tank tops
Retail services in relation to polo shirts
Wholesale services in relation to polo shirts
Retail services in relation to track jackets
Wholesale services in relation to track jackets
Retail services in relation to sweat shirts
Wholesale services in relation to sweat shirts
Retail services in relation to hooded tops
Wholesale services in relation to hooded tops
Retail services in relation to dance clothing
Wholesale services in relation to dance clothing
Retail services in relation to children's outerclothing
Wholesale services in relation to children's outerclothing
Retail services in relation to womens' outerclothing
Wholesale services in relation to womens' outerclothing