The trademark That's Tuff was filed by DS17 Management Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 24, 2021, and received one opposition filed on June 20, 2021 by ORIGINAL BUFF, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 20, 2021
It was designated 'Basic Application' for International Application 1630987 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003149191 was partially refused EUTMA/IR according to Article 8(5) EUTMR with decision issued on June 17, 2024 by the EUIPO. The Opposition with reference B 003149191 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 23, 2023 by the EUIPO. The Appeal with reference B R1028/2023-2 was Other according to Article 8(1)(b) EUTMR with decision issued on November 21, 2023 by the EUIPO. The Appeal with reference B R1589/2024-2 was Trade mark application partially refused according to Article 8(5) EUTMR with decision issued on December 9, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Toiletries.
The mark was filed in class 9 with following description of goods:
Communications equipment
Smart bracelets
Measuring instruments
Checking (supervision) apparatus and instruments
Watchbands that communicate data to other electronic devices
Data collection apparatus
Digital indicators
Computers
Mobile apps
Tablet computers
Tablet monitors
Smartphones
Mobile telephones
Microphones
Cameras [photography]
Apparatus for the reproduction of images
Apparatus and instruments for reproducing of data
Computer peripheral devices
Headsets
Electronic heart rate recorders [other than for medical use]
Connected bracelets [measuring instruments]
Parts and fittings for communications apparatus
Parts and fittings for audio apparatus
Flip covers for tablet computers
Cases for tablet computers
Leather cases for tablet computers
Covers for tablet computers
Stands adapted for tablet computers
Protective films for tablets
Laptop covers
Cases adapted for mobile phones
Bags for cameras
Flip covers for smart phones
Cell phone covers
Covers for smartphones
Display screen protectors in the nature of films for mobile phones
Optical data media
Electronic data carriers.
The mark was filed in class 10 with following description of goods:
Heart monitors to be worn during exercise
Heart rate monitoring apparatus
Heart signal monitors
Sphygmotensiometers.
The mark was filed in class 14 with Clocks and Jewels..
The mark was filed in class 18 with following description of goods:
Bags
Rucksacks
Travel cases.
The mark was filed in class 20 with Furniture.
The mark was filed in class 25 with following description of goods:
Clothing
Trousers
Hats
Shirts
Socks
Caps being headwear
Jackets [clothing]
Sportswear
Hooded sweatshirts
Sports jerseys
Tee-shirts
Underwear
Sweaters
Waist belts
Basketball sneakers.
The mark was filed in class 26 with Accessories for apparel, sewing articles and decorative textile articles.
The mark was filed in class 28 with following description of goods: