The trademark UGLY DRIVE was filed by RUBAMAC Ltd., a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on August 5, 2021, and received one opposition filed on October 18, 2021 by JULIUS SÄMANN LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2021
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Perfumed oils for skin care
Scented soaps
Body and facial creams [cosmetics]
Cosmetics in the form of creams
Body cream soap
Hand creams
Night cream
Day creams
Moisturising creams
Moisturising creams, lotions and gels
Massage creams, not medicated
Cosmetic moisturisers
Aromatherapy creams
Perfumed creams
Creams (Soap -) for use in washing
Scented body lotions and creams
Scented body creams
Fluid creams [cosmetics]
Cosmetic creams and lotions
Body washes
Body cream
Body mask cream
Cosmetic nourishing creams
Decorative cosmetics
Beauty serums
Serums for cosmetic purposes
Body mask lotion
Oils for cosmetic purposes
Body oils [for cosmetic use]
Essences for skin care.
The mark was filed in class 9 with following description of goods:
3D spectacles
DVD players
USB flash drives
Audio- and video-receivers
Video games [computer games] in the form of computer programs recorded on data carriers
Electronic publications, downloadable
Electronic publications, downloadable, relating to games and gaming
Computer game software, recorded
Interactive multimedia software for playing games
Interactive game software
Interactive multimedia computer game programs
Interfaces for computers
Downloadable information relating to games and gaming
Memory cards for video game machines
Software development kit [SDK]
Games software
Virtual reality game software
Computer games programmes downloaded via the internet [software]
Computer software relating to the following services: Construction of server components for games
Computer software relating to the following services: Monitoring trends and behavioural indicators to track and monitor player interaction in a game
Computer software relating to the following services: Selecting and combining players for games with more than one player
Computer software relating to the following services: Development and operation of games with more than one player
Computer software relating to the following services: Developing interactive games with the help of social media profiles
Computer software relating to the following services: Development, implementation and management of computer games
Computer software relating to the following services: Creating games, testing games, launching games, Conducting of games and Game support
Computer software relating to the following services: Development of cloud-based programs or applications
Software, namely, Development tools software for creating games
Software, namely, Compiler software for developing and operating video games
Computer software that permits games to be played
Computer hardware for games and gaming
Computer hardware
Computer programs, downloadable software
Computer programs for video and computer games
Games software
Recorded computer programs
Computer software applications, downloadable
Monitors [computer hardware]
Monitors [computer programs]
Monitors for handheld electronic game apparatus
Educational software featuring instructions for playing games
Computer operating programs, recorded
Portable media players
Pre-recorded DVDs featuring games
Pre-recorded audio tapes featuring games
Pre-recorded video tapes featuring games
Software programs for video games
Downloadable electronic game programs
Interactive computer game programs
Interactive multimedia game programs
Downloadable computer game programs
AC adapters for handheld electronic game apparatus
Electronic game software for wireless devices
Electronic game software for mobile phones
Electronic game software for handheld electronic devices
Downloadable electronic game software for wireless devices
Computer gaming software
Games software for use with video game consoles
Downloadable game software
Games software
Computer game software for use on mobile devices
Computer game software for use with on-line interactive games
Downloadable computer game software via a global computer network and wireless devices
Computer game software, recorded
Computer game software, downloadable
Game development software
Downloadable interactive entertainment software for playing computer games
Downloadable image files
Headsets for virtual reality games
Virtual reality headsets adapted for use in playing video games.
The mark was filed in class 14 with following description of goods:
Horological and chronometric instruments
Horological articles
Horological articles
Chronographs [watches]
Dials [clock- and watchmaking]
Cases for watches [presentation]
Clockworks
Bracelets and watches combined
Dials [clock- and watchmaking]
Horological instruments made of gold
Cases [fitted] for horological articles
Cases of precious metals for horological articles
Wristwatches
Small clocks
Pocket watches
Clocks
Table clocks
Clocks and watches, electric
Clocks and watches, electric
Sports watches
Digital clocks
Casings for watches [parts of watches]
Clock dials
Watch dials
Metal watch bands
Watches made of precious metals or coated therewith
Non-leather watch straps
Gold medals
Medals
Medals coated with precious metals
Medals made of precious metals
Medallions
Lockets [jewellery]
Medallions made of non-precious metals
Medallions made of precious metals
Watch bands
Watchstraps made of leather
Watchstraps made of leather
Buckles for watchstraps
Watch straps made of metal or leather or plastic
Semi-precious stones
Jewellery
Precious stones
Time instruments.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Leather belts [clothing]
Belts made out of cloth
Money belts [clothing]
Costumes for use in role-playing games
Waist belts
Fabric belts [clothing]
Belts made from imitation leather
Belts [clothing]
Sashes for wear
Blouses
Shirts
Hooded tops
Sweaters
Tee-shirts
Polo shirts
Printed t-shirts
Short-sleeved T-shirts
Bikinis
Boxer shorts
Teddies [underclothing]
Bathing suits
Bathing costumes for women
Bathing suits for men
Neckties
Ascots (ties)
Outerclothing
Overcoats
Loungewear
Children's wear
Baby clothes
Flip-flops
Casualwear
Children's wear
Beach clothes
Work clothes
Nightwear
Sportswear
Beach shoes
Footwear
Slippers
Gloves [clothing]
Beach hats
Party hats [clothing]
Hats
Socks
Stockings
Dressing gowns
Clothing
Shoes
Beach wraps
Cowls [clothing]
Shirt-jacs
Heavy coats
Long jackets.
The mark was filed in class 26 with following description of goods:
Buttons, hooks and eyes, pins and needles
Belt buckles
Clothing buckles
Strap buckles
Belt buckles of precious metals
Buckles [clothing accessories]
Buckles of precious metal [clothing accessories]
Belt buckles of precious metal [for clothing]
Belt buckles not of precious metal
Shoe buckles
Buckles [clothing accessories]
Belt buckles.
The mark was filed in class 28 with following description of goods:
Automatic electronic games
Video games apparatus, Arcade games and Amusement game machines
Apparatus for electronic games adapted for use with an external display screen or monitor
Computer game apparatus
Gamepads
Hand-held electronic games
Free-standing video games apparatus
Electronic games
Electronic educational game machines for children
Electronic dart games
Electronic learning toys
Electronic educational teaching games
Games
Parlour games
Games and playthings
Electronic board games
Dice
Board games
Playing cards
Gaming keypads
Compendiums of board games
Manipulative logic games
Mechanical games
Gaming mice
Models for use with role playing games
Musical games
Table-top games
Table-top games and gambling devices
Hand-held units for playing electronic games
Role playing games
Electronic hand-held game units
Parlour games
Sports games
Backgammon games
Video game apparatus
Toy figures
Toy clocks and watches
Amusement game machines.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to games
Retail services in relation to games
Market research, namely, Providing website traffic indicators, statistics, user activity data and reports on user activities in open social and gaming networks
Wholesale services in relation to jewellery
Wholesale services in relation to clothing
Wholesale services in relation to fragrancing preparations
Wholesale services in relation to computer hardware
Wholesale services in relation to headgear
Wholesale ordering services
Retail services in relation to clothing
Retail services in relation to jewellery
Retail services in relation to computer hardware
Retail services in relation to computer software
Online retail services relating to clothing
Online retail services relating to jewelry
Online retailing of games
Retail services in relation to headgear
Publication of publicity materials on-line
Online advertising on a computer network
Online advertising on a computer network
On-line promotion of computer networks and websites
Advertising the goods and services of online vendors via a searchable online guide
Distribution of samples
Dissemination of advertisements
Direct mail advertising
Outdoor advertising
Bill-posting
Advertising by mail order
Television advertising
Providing searchable online advertising guides
The bringing together, of a variety of goods (excluding the transport thereof) for the benefit of others, enabling customers to conveniently view and purchase those goods, including online through networks and other electronic means, using electronically digitised information and via electronic media and in particular via websites or television programmes [teleshopping], namely the following goods: Non-medical cosmetics and Cosmetic and toiletry instruments, Perfumery, essential oil, Horological goods, games, arcade games, computer equipment, Computer software, Jewellery, Articles of clothing, Headgear and fragancing preparations
Demonstration of goods
Presentation of goods on communication media, for retail purposes
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Provision of an online marketplace for buyers and sellers of goods and services.