The trademark UniR was filed by Tellus Group, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 4, 2021, and received one opposition filed on May 3, 2021 by PROEDUCA ALTUS, S.A. on Unfair advantage /detriment to distinctiveness or repute. the opponent was represented by ROEB Y CIA, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1700/2022-4 was No decision on opposition according to Article 95(2) EUTMR with decision issued on March 14, 2023 by the EUIPO. The Opposition with reference B 003145933 was rejected according to Article 8(5) EUTMR with decision issued on July 7, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Unprocessed and semi-processed materials of metal, not specified for use
Building and construction materials and elements of metal
Doors, gates, windows and window coverings of metal
Metal hardware
Containers, and transportation and packaging articles, of metal
Statues and works of art of common metals
Structures and transportable buildings of metal.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Doors, gates, windows and window coverings, not of metal
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Structures and transportable buildings, not of metal
Stone, rock, clay and minerals
Pitch, tar, bitumen and asphalt
Armour-plating, not of metal
Spackling compound
Precast pavers
Wood and artificial wood.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Parts of clothing, footwear and headgear
Headgear.
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Sales administration
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Providing consumer product information
Providing consumer product advice relating to cosmetics
Providing consumer product advice
Providing recommendations of goods to consumers for commercial purposes
Procurement of contracts for the purchase and sale of goods and services
Arranging of trading transactions and commercial contracts
Arranging the buying of goods for others
Arranging of contractual [trade]services with third parties
Arranging business introductions relating to the buying and selling of products
Procuring of contracts for the purchase and sale of goods
Negotiation of contracts relating to the purchase and sale of goods
Negotiation of contracts with health care payors
Price comparison rating of accommodations
Arranging of commercial and business contacts
Purchasing agency services
Procurement of goods on behalf of other businesses
Purchasing of goods and services for other businesses
Advisory services relating to the purchase of goods on behalf of business
Advisory services relating to the purchase of goods on behalf of others
Comparison shopping services
Price comparison services
Wholesale ordering services
Online ordering services
Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding
Commercial information and advice services for consumers in the field of make-up products
Commercial information and advice services for consumers in the field of beauty products
Commercial information and advice services for consumers in the field of cosmetic products
Provision of information concerning commercial sales
Import and export services
Procurement services for others [purchasing goods and services for other businesses]
Alcoholic beverage procurement services for others [purchasing goods for other businesses]
Arranging of contracts, for others, for the providing of services
Arranging of contracts for others for the buying and selling of goods
Arranging of contracts for the purchase and sale of goods and services, for others
Telephone order-taking services for others
Sales management services
Purchasing services
Consultancy services relating to the procurement of goods and services
Advisory services relating to commercial transactions
Consulting in sales techniques and sales programmes
Mail order retail services related to foodstuffs
Retail store services in the field of clothing
Retail services connected with the sale of furniture
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to fashion accessories
Retail services in relation to clothing accessories
Retail services in relation to hair products
Retail services in relation to domestic electronic equipment
Retail services in relation to paints
Online retail services relating to cosmetics
Online retail services relating to handbags
Online retail services relating to toys
Online retail services relating to clothing
Online retail services relating to jewelry
Retail services relating to sporting goods
Retail services in relation to building materials
Mail order retail services for clothing
Retail services connected with the sale of subscription boxes containing cosmetics
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Online retail services relating to luggage
Retail services relating to fragrancing preparations
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to fabrics
Retail services in relation to cleaning articles
Retail services in relation to foodstuffs
Retail services in relation to lighting
Retail services in relation to headgear
Retail services in relation to clothing
Retail services in relation to bags
Retail services in relation to medical instruments
Retail services in relation to footwear
Retail services in relation to jewellery
Retail services in relation to luggage
Retail services in relation to medical apparatus
Retail services in relation to metal hardware
Retail services in relation to wall coverings
Retail services in relation to floor coverings
Retail services in relation to dietetic preparations
Retail services in relation to toiletries
Retail services in relation to cleaning preparations
Retail services in relation to chemicals for use in forestry
Retail services in relation to chemicals for use in agriculture
Retail services in relation to threads
Retail services in relation to sporting articles
Retail services in relation to sewing articles
Retail services in relation to construction equipment
Retail services in relation to cookware
Retail services in relation to hand-operated tools for construction
Retail services in relation to furniture
Retail services in relation to hand-operated implements for construction
Retail services in relation to hygienic implements for humans
Retail services in relation to beauty implements for humans
Retail services in relation to furnishings
Retail services in relation to tableware
Retail services relating to home textiles
Retail services in relation to toys
Wholesale services in relation to fragrancing preparations
Wholesale services in relation to toiletries
Wholesale services in relation to cleaning preparations
Wholesale services in relation to furniture
Wholesale services in relation to stationery supplies
Wholesale services in relation to footwear
Wholesale services in relation to jewellery
Wholesale services in relation to furnishings
Wholesale services in relation to clothing
Wholesale services in relation to cookware
Wholesale services in relation to fabrics
Wholesale services in relation to bags
Wholesale services in relation to veterinary preparations and articles
Wholesale services in relation to metal hardware
Wholesale services in relation to sewing articles
Wholesale services in relation to cleaning articles
Wholesale services in relation to luggage
Wholesale services in relation to fuels
Wholesale services in relation to dietary supplements
Wholesale services in relation to threads
Wholesale services in relation to construction equipment
Wholesale services in relation to wall coverings
Wholesale services in relation to floor coverings
Wholesale services in relation to hand-operated tools for construction
Wholesale services in relation to toys
Wholesale services in relation to games
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to hygienic implements for humans
Wholesale services in relation to beauty implements for humans
Wholesale services in relation to food preparation implements
Wholesale services in relation to kitchen knives
Wholesale services in relation to earthmoving equipment
Wholesale services in relation to domestic electrical equipment
Wholesale services in relation to sanitation equipment
Wholesale services in relation to water supply equipment
Wholesale services in relation to veterinary instruments
Wholesale services in relation to medical instruments
Wholesale services in relation to sanitary installations
Wholesale services in relation to medical apparatus
Online retail store services relating to clothing
Online retail store services relating to cosmetic and beauty products
Mail order retail services connected with clothing accessories
Wholesale services in relation to domestic electronic equipment
Wholesale services in relation to kitchen appliances.
The mark was filed in class 36 with following description of goods:
Rental of buildings
Real estate services
Rental of real estate and property
Real estate procurement for others
Acquisition of land to be let
Real estate affairs
Provision of housing accommodation
Housing agencies
Accommodation bureaux (real estate property)
Estate agency
Assisting in the acquisition of and financial interests in real estate
Assisting in the acquisition of real estate
Real estate consultancy
Real estate brokerage
Assessment and management of real estate
Provision of finance for real estate development
Financing of real estate development projects
Administration of financial affairs relating to real estate
Housing management
Real estate management
Real estate time-sharing
Property portfolio management
Management of commercial properties
Apartment house management
Building management
Management of land
Real estate and property management services
Letting of showrooms
Letting agency for sheltered accommodation
Letting of trade centres
Arranging of shared ownership of real estate
Providing information relating to real estate affairs, via the Internet
Providing information relating to land management
Providing real estate information relating to property and land
Provision of permanent housing accommodation
Provision of information relating to property [real estate]
Provision of information relating to the property market [real estate]
Research services relating to real estate acquisition
Real estate acquisition services
Land acquisition services
Land acquisition services [on behalf of others]
Estate agency services for sale and rental of buildings
Estate agency services for sale and rental of businesses
Residential real estate agency services
Accommodation bureau services [apartments]
Real estate agency services
Commercial real estate agency services
Real estate agency services relating to the purchase and sale of buildings
Agency services for the selling on commission of real property
Real estate selection and acquisition [on behalf of others]
Computerised information services relating to real estate
Consultancy in the purchasing of real estate
Advisory services relating to real estate valuations
Corporate real estate advisory services
Advisory services relating to real estate ownership
Financial brokerage services for real estate
Real estate escrow services
Arranging the provision of finance for real estate purchase
Arranging the provision of finance for construction operations
Time share management services
Estate management services relating to transactions in real property
Estate management
Real estate management services relating to office premises
Estate management services relating to agriculture
Estate management services relating to horticulture
Real estate management services relating to entertainment venues
Real estate management services relating to commercial buildings
Real estate management services relating to residential buildings
Real estate management services relating to shopping malls
Real estate management services relating to building complexes
Real estate management services relating to retail premises
Real estate management services relating to industrial premises
Real estate management services relating to housing estates
Real estate settlement services [financial services]
Apartment locating services for others [permanent accommodation]