The trademark URB LUXURY DRINKS was filed by URB.LICENSING B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 12, 2021, and received one opposition filed on December 12, 2021 by S.A. BRU-CHEVRON N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CALYSTA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003160225 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 30, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other non-alcoholic beverages
Non-alcoholic beverages, namely soft drinks, energy drinks and sports drinks
Carbonated non-alcoholic drinks
Waters
Fruit juice beverages
Beer
Syrups and other preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Wines, including red, white, rose and sparkling wines
Spirits, Including the following goods: Gin and Gin
Alcoholic extracts and alcoholic essences
Liqueurs
Curacao
Bitters
Cream liqueurs
Spirits [beverages]
Distilled beverages
Wine-based drinks.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation the following goods: Mineral waters, Carbonated drink and other non- alcoholic drinks, Non-alcoholic beverages, anmely, Non-alcoholic drinks, Energy drinks and sports drinks, carbonated non-alcoholic drinks, Waters, Fruit juices (beverages), Beer, Syrups and other preparations for making beverages
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation the following goods: Alcoholic beverages, Not including beer, Alcoholic preparations for making beverages, Wine, Including red, white, rosé and sparkling wines, Brandy, Including gin and jenever
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation the following goods: Alcoholic extracts and Alcoholic essences, liquors, curacao, Bitters, liqueurs containing cream, Fortified wine, Spirits (beverages), Wine-based drinks and glasses, Dinner services and Glassware, Glasses for soft drinks, Pastries and confectioneries and Apparatus for making soft drinks
Provision of commercial information
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Providing temporary accommodation
Hotel, restaurant and cafe services
Food and drink catering
Food and drink catering
Services for the preparation of food and drink
Restaurantservices, Bar services, Café services, Coffee bar services, Services of tearooms, Café-restaurants and Bistros
Take-away food and drink services
Restaurant, lunchroom and bistro reservations
Providing and renting of temporary accommodation, including for fetes and parties, receptions, exhibitions, events, fairs, congresses, conferences, seminars, workshops, symposiums, meetings and other similar events
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.