The trademark FANTASIE TERRENE FT was filed by F.LLI TALLI S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 18, 2021, and received one opposition filed on June 14, 2021 by Wacoal EMEA Ltd on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mathys & Squire Europe Patentanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Woolen clothing
Knitwear [clothing]
Dresses
Clothing
Knitwear [clothing]
Caps being headwear
Knitted caps
Boas [necklets]
Headgear
Hats
Woolly hats
Fake fur hats
Hoods [clothing]
Earbands
Bandanas [neckerchiefs]
Casual jackets
Bandanas [neckerchiefs]
Cardigans
Belts [clothing]
Detachable collars
Flat caps
Headgear
Sundresses
Shoulder wraps [clothing]
Fur cloaks
Fur stoles
Ear muffs [clothing]
Cravats
Turtlenecks
Headbands [clothing]
Foulards [clothing articles]
Gloves [clothing]
Gloves including those made of skin, hide or fur
Knitted gloves
Jerseys [clothing]
Hosiery
Sweaters
Muffs [clothing]
Fur muffs
Mantles
Ponchos
Neck scarves [mufflers]
Leggings [leg warmers]
Shawls
Collar protectors
Shawls and stoles
Stoles
Excluding the following goods: Lingerie, Underwear, Stockings, Leotards, Tights, Socks and stockings, Men's socks, Beach clothes, Bathing suits and Sports bras.
The mark was filed in class 35 with following description of goods:
Retail services in relation to clothing
Wholesale services in relation to clothing
Online retail services in relation to clothing
Retail services in relation to woolen clothing
Wholesale services in relation to woolen clothing
Online retail services in relation to woolen clothing
Retail services in relation to knitwear [clothing]
Wholesale services in relation to knitwear [clothing]
Online retail services in relation to knitwear [clothing]
Retail services in relation to dresses
Wholesale services in relation to dresses
Online retail services in relation to dresses
Retail services in relation to clothing
Wholesale services in relation to clothing
Online retail services in relation to clothing
Retail services in relation to knitwear [clothing]
Wholesale services in relation to knitwear [clothing]
Online retail services in relation to knitwear [clothing]
Retailing of caps being headgear
Online wholesaling of caps being headgear
Online retailing of caps being headgear
Retail services in relation to knitted caps
Wholesale services in relation to knitted caps
Online retail services in relation to knitted caps
Retail services in relation to boas [necklets]
Wholesale services in relation to boas [necklets]
Online retail services in relation to boas [necklets]
Retail services in relation to headgear
Wholesale services in relation to headgear
Online retail services in relation to headgear
Retail services in relation to hats
Wholesale services in relation to hats
Online retail services in relation to hats
Retail services in relation to woolly hats
Wholesale services in relation to woolly hats
Online retail services in relation to woolly hats
Retail services in relation to fake fur hats
Wholesale services in relation to fake fur hats
Online retail services in relation to fake fur hats
Retail services in relation to hoods [clothing]
Wholesale services in relation to hoods [clothing]
Online retail services in relation to hoods [clothing]
Retail services in relation to earbands
Wholesale services in relation to earbands
Online retail services in relation to earbands
Retail services in relation to cardigans
Wholesale services in relation to cardigans
Online retail services in relation to cardigans
Retail services in relation to belts [clothing]
Wholesale services in relation to belts [clothing]
Online retail services in relation to belts [clothing]
Retail services in relation to detachable collars
Wholesale services in relation to detachable collars
Online retail services in relation to detachable collars
Retail services in relation to flat caps
Wholesale services in relation to flat caps
Online retail services in relation to flat caps
Retail services in relation to headgear
Wholesale services in relation to headgear
Online retail services in relation to headgear
Retail services in relation to sundresses
Wholesale services in relation to sundresses
Online retail services in relation to sundresses
Retail services in relation to shoulder wraps [clothing]
Wholesale services in relation to shoulder wraps [clothing]
Online retail services in relation to shoulder wraps [clothing]
Retail services in relation to fur cloaks
Wholesale services in relation to fur cloaks
Online retail services in relation to fur cloaks
Retail services in relation to fur stoles
Wholesale services in relation to fur stoles
Online retail services in relation to fur stoles
Retail services in relation to ear muffs [clothing]
Wholesale services in relation to ear muffs [clothing]
Online retail services in relation to ear muffs [clothing]
Retail services in relation to neckties
Wholesale services in relation to neckties
Online retail services in relation to cravats
Retail services in relation to turtlenecks
Wholesale services in relation to turtlenecks
Online retail services in relation to turtlenecks
Retail services in relation to headbands [clothing]
Wholesale services in relation to headbands [clothing]
Online retail services in relation to headbands [clothing]
Retail services in relation to foulards [clothing articles]
Wholesale services in relation to foulards [clothing articles]
Online retail services in relation to foulards [clothing articles]
Retail services in relation to gloves [clothing]
Wholesale services in relation to gloves [clothing]
Online retail services in relation to gloves [clothing]
Retail services in relation to gloves including those made of skin, hide or fur
Wholesale services in relation to gloves including those made of skin, hide or fur
Online retail services in relation to gloves including those made of skin, hide or fur
Retail services in relation to knitted gloves
Wholesale services in relation to knitted gloves
Online retail services in relation to knitted gloves
Retail services in relation to jerseys [clothing]
Wholesale services in relation to jerseys [clothing]
Online retail services in relation to jerseys [clothing]
Retail services in relation to hosiery
Wholesale services in relation to hosiery
Online retail services in relation to hosiery
Retail services in relation to sweaters
Wholesale services in relation to sweaters
Online retail services in relation to sweaters
Retail services in relation to muffs [clothing]
Wholesale services in relation to muffs [clothing]
Online retail services in relation to muffs [clothing]
Retail services in relation to fur muffs
Wholesale services in relation to fur muffs
Online retail services in relation to fur muffs
Retail services in relation to mantles
Wholesale services in relation to mantles
Online retail services in relation to mantles
Retail services in relation to ponchos
Wholesale services in relation to ponchos
Online retail services in relation to ponchos
Retail services in relation to neck scarves [mufflers]
Wholesale services in relation to neck scarves [mufflers]
Online retail services in relation to neck scarves [mufflers]
Retail services in relation to leg warmers
Wholesale services in relation to leg warmers
Online retail services in relation to leggings [leg warmers]
Retail services in relation to shawls
Wholesale services in relation to shawls
Online retail services in relation to shawls
Retail services in relation to sashes for wear
Wholesale services in relation to sashes for wear
Online retail services in relation to neck scarves [mufflers]
Retail services in relation to shawls and stoles
Wholesale services in relation to shawls and stoles
Online retail services in relation to shawls and stoles
Retail services in relation to shoulder scarves
Wholesale services in relation to shoulder scarves
Online retail services in relation to shoulder scarves
None of the aforesaid services being for wholesaling, in relation the following goods: Lingerie, Underclothing, Stockings, panty hoses, Tights, Socks and stockings, Men's socks, Beach clothes, bathing wraps and Sports bras, none of such services being retail services, in relation the following goods: Lingerie, Underclothing, Stockings, panty hoses, Tights, Socks and stockings, Men's socks, Beach clothes, bathing wraps and Sports bras.