The trademark YOSEMITE was filed by Biltema Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on July 25, 2021, and received one opposition filed on October 25, 2021 by Yosemite Sport GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by HABERMANN INTELLECTUAL PROPERTY PARTNERSCHAFT VON PATENTANWÄLTEN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003157327 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 31, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Import and export services
Retail services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees
Wholesale services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees
Catalogue retail services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees
Online retail services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees
Mail order retail services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees
Television shopping services in relation to helmets for use in sports including riding helmets, bicycle helmets and snowboard helmets, protective helmets, safety helmets, protective helmets for sports, visors for helmets, helmet cameras, face shields for protective helmets, mobile phone covers, headphones, eyewear, heart rate monitors for athletic and fitness use, vehicles, apparatus for locomotion by land, air or water, bicycles, bicycle parts and fittings, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, bags, drink belts, harness fittings, hiking sticks, all-purpose sports bags, bags for sports clothing, sports packs, backpacks, umbrellas, watches, clothing, footwear, headgear, sporting articles and equipment, sporting articles parts and fittings, sporting equipment parts and fittings, games, toys and playthings, video game apparatus, gymnastic and articles and equipment, decorations for Christmas trees