The trademark was filed by SATTVICA S.A., a corporation established under the laws of the Argentine Republic (the "Applicant"). The application was published for oppositions on January 11, 2022, and received one opposition filed on April 10, 2022 by Maradona, Diego Armando on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by RUO PATENTES Y MARCAS S.L.P.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on May 16, 2022.
The Refusal with reference B 018380569 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 19, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Gloves [clothing]
Neckerchiefs
Headscarves
Pocket squares.
The mark was filed in class 28 with Christmas tree ornaments and decoration.
The mark was filed in class 34 with following description of goods:
Matches
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Loose, rolling and pipe tobacco
Flavourings for tobacco
Ashtrays
Lighters for smokers
Tobacco containers and humidors
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Articles for use with tobacco
Cigar cutters
Containers for cigars
Containers for cigars.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Import and export services
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of soaps, perfumery, essential oils, body and beauty care, hair lotions, dentifrices, candles, healthcare preparations, dietetic preparations
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: glasses, Sunglasses, mobile phones
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of global computer networks of screensavers and background images for electronic apparatus (software), brooches, busts, toy characters, hat ornaments, tie pins, jewellery and jewellery cases, decorative statues and statuettes, precious stones, horological and chronometric instruments, key rings
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: decalcomanias, Stationery items, Coasters [discs], Stationery paper, Banners and flags, Figurines of paper mache, Cards, Gift card, Greeting cards, Calendars
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of books, pamphlets, magazines, bookmarks, hand towels of paper, table napkins of paper and handkerchiefs of paper, conical paper bags, posters, table mats (games), postcards, leaflets, signboards (paper seals), table cloths
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of toilet paper, coasters of paper, wrapping paper and gift wrap, door racks, door signs, banner threads, party bags, paper streamers, garlands, party plates and party glasses, serviettes, printed mater, bookbinding material, photographs
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of leather and imitations of leather, belts, key fobs, handbags, sports bags, travel bags, pocket wallets, coin purses, shopping bags, business card sleeves, card holders (wallets), sling bags for carrying children, travel bags for dresses, beauty cases for cosmetics, travelling sets, rucksacks
Retailing, wholesaling, sale via the internet, sales programmes via television, online, via catalogue and via global computer networks of key cases, school bags, spectacle cases and beach bags, animal skins and hides, travelling bags and handheld suitcases, umbrellas and parasols, walking sticks, paintings, protective covers for clothing, chests for playthings, trays, table covers, bed covers, household and kitchen utensils and containers, combs and sponges
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: Glassware, porcelain and earthenware, Bed and table covers
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: Handkerchiefs, headscarves, neck chiefs, Embroidery, ribbons and tapes, buttons, Lockets and patches, Rugs, carpets, Mats
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: Beer, Alcoholic beverages
Retailing, wholesaling, sale via the internet, via teleshopping programmes, online, by catalogue and via global computer networks in relation the following goods: Tobacco, Smokers' articles, matches and Textile articles for the home and for decorating, decorative textile articles
Rental of advertising space
Public relations, in particular advice and consultancy relating to communications with journalists
Planning and devising of advertising strategies
Sales promotion
Public relations services
Auctioneering provided on the internet
Business consultancy services relating to the management, marketing and promotion of fund raising campaigns
Sponsorship search
Business management of performing artists.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing access to computer, electronic and online databases
Telecommunications, in particular electronic broadcasting and transmission, including via wireless or wired networks, of data, texts, messages, information, sound, images and data
Providing online forums for communication on topics of general interest
Providing on-line communications links which transfer the web site user to other local and global web pages
Facilitating access to third party web sites via a universal login
Providing online chat rooms and electronic bulletin boards
Audio, text and video broadcasting services over computer or other communication networks namely, uploading, posting, displaying, tagging, and electronically transmitting data, information, audio and video images
Broadcasting of radio and/or television programmes
Providing access to search engines and portals for accessing data and information via global networks
Providing internet chatrooms
Interactive forums
Electronic exchange of messages via chat lines, chat rooms and Internet forums
Providing of access to and transmission of digital music, video and other multimedia works through telecommunications
Broadcasting and transmission of television, radio and Internet programs.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Cocktail lounge services, cafeterias, restaurants, snack-bars, public houses and cybercafes
Food and drink catering
Rental and reservations of temporary accommodation (hotels, boarding houses)
Holiday camp services (lodging)
Temporary accommodation
Providing campground facilities
Rental of chairs, tables, table covers and glassware