The trademark Cara Rosa was filed by Cara Rosa, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on July 4, 2021, and received one opposition filed on September 30, 2021 by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 30, 2021
The application was filed in Dutch, and Dutch 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:
Footwear
Inner soles
Shoe soles
Belts [clothing]
Socks and stockings
Clothing
Hats
Shawls
Gloves [clothing].
The mark was filed in class 35 with following description of goods:
Telephone order-taking services for others
Stock control services
Administration of sales promotion incentive programs
Administration of the business affairs of retail stores
Administration of the business affairs of franchise
Ordering services for third parties
Clerical services for the taking of sales orders
Administrative processing of purchase orders
Administrative processing and organising of mail order services
Advice and information concerning commercial business management
Management advisory services related to franchising
Business management consultancy
Business advice relating to marketing
Arranging of buying and selling contracts for third parties
Business consultancy in the field of transport and delivery
Management of customer loyalty, incentive or promotional schemes
Arranging of commercial and business contacts
Mediation of contracts for purchase and sale of products
Business management for shops
Business networking services
Provision of information concerning commercial sales
Retail services connected with the sale of clothing and clothing accessories
Retailing with the aid of mail order, in relation the following goods: Footwear, Soles for footwear, inner soles and Clothing
Retailing with the aid of global computer networks, in relation the following goods: Footwear, Soles for footwear, inner soles and Clothing
Demonstration of goods for promotional purposes
Retailing with the aid of catalogues, in relation the following goods: Footwear, Soles for footwear, inner soles and Clothing
Retailing of the following goods: Footwear, Soles for footwear, inner soles and Clothing
Import-export agency services
Electronic order processing
Electronic commerce services, namely providing information about products via telecommunication networks and for advertising and sales purposes
Wholesaling relating to the following goods: Footwear, Soles for footwear, inner soles and Clothing
Import and export services
Internet marketing
Online retailing relating to the following goods: Footwear, Soles for footwear, inner soles and Clothing
Online ordering services
Presentation of goods on communication media, for retail purposes
Advertising services relating to the sale of goods
Sales promotion
Sales administration
Business management and wholesaling and retailing.