The trademark Xuena eBuy was filed by XUENA EBUY 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 October 15, 2020, and received one opposition filed on January 12, 2021 by Ebury Partners UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TOMKINS & CO. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 20, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software, recorded
Downloadable software applications for mobile phones
Downloadable software in the nature of a mobile application
Downloadable software in the nature of a mobile application for playing games
Time recording apparatus
Computer hardware for remotely accessing and transmitting data
Desktop publishing software
Computer servers
Computer networks
Facial recognition apparatus
Facial recognition software
Anti-interference devices [electricity]
Video telephones
Loudspeakers
Cameras [photography]
Downloadable computer security software
None of the aforesaid goods for or relating to money, exchange rates, money transfer, cash transfers, payments and financial markets.
The mark was filed in class 35 with following description of goods:
On-line advertising on a computer network
Commercial administration of the licensing of the goods and services of others
Providing business information via a web site
Sponsorship search
Sales promotion for others
Provision of an on-line marketplace for buyers and sellers of goods and services
Import-export agency services
Procurement services for others [purchasing goods and services for other businesses]
Business management for freelance service providers
Updating and maintenance of data in computer databases
None of the aforesaid services for or relating to money, exchange rates, money transfer, cash transfers, payments and financial markets.
The mark was filed in class 36 with following description of goods:
Providing rebates at participating establishments of others through use of a membership card
Jewelry appraisal
Pawnbrokerage
Surety services
Fiduciary
Trusteeship
Rent collection.
The mark was filed in class 42 with following description of goods:
Computer software design
Creating and maintaining web sites for others
Consumer product safety testing and consultation
Cosmetic research
Authenticating works of art
Provision of security services for computer networks, computer access and computerised transactions
Packaging design
Technical research
Website design
Website design and development
Data encryption services
None of the aforesaid services for or relating to money, exchange rates, money transfer, cash transfers, payments and financial markets.