The trademark GAPPET was filed by Marcos Antonio Justiniano Calderon, a national of the Plurinational State of Bolivia (the "Applicant"). The application was published for oppositions on July 13, 2021, and received one opposition filed on October 13, 2021 by Gap (ITM) Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0516/2023-4 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on June 2, 2024 by the EUIPO. The Opposition with reference B 003156578 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 8, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services in relation to pet products
Advertising
Business management
Business administration
Retail services in relation to cosmetics for animals
Wholesale services in relation to cosmetics for animals
Online retail services in relation to cosmetics for animals
Retail services in relation to shampoos for pets [non-medicated grooming preparations]
Wholesale services in relation to shampoos for pets [non-medicated grooming preparations]
Online retail services in relation to shampoos for pets [non-medicated grooming preparations]
Retail services in relation to plastic containers for dispensing food to pets
Wholesale services in relation to plastic containers for dispensing food to pets
Online retail services in relation to plastic containers for dispensing food to pets
Retail services in relation to cages for household pets
Wholesale services in relation to cages for household pets
Online retail services in relation to cages for household pets
Retail services in relation to brushes for pets
Wholesale services in relation to brushes for pets
Online retail services in relation to brushes for pets
Retail services in relation to non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Wholesale services in relation to non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Online retail services in relation to non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Retail services in relation to combs for animals
Wholesale services in relation to combs for animals
Online retail services in relation to combs for animals
Retail services in relation to pet feeding bowls
Wholesale services in relation to pet feeding bowls
Online retail services in relation to pet feeding bowls
Retail services in relation to aquariums
Wholesale services in relation to aquariums
Online retail services in relation to aquariums
Retail services in relation to beds for household pets
Wholesale services in relation to beds for household pets
Online retail services in relation to beds for household pets
Retail services in relation to pet houses
Wholesale services in relation to pet houses
Online retail services in relation to pet houses
Retail services in relation to inflatable pet beds
Wholesale services in relation to inflatable pet beds
Online retail services in relation to inflatable pet beds
Retail services in relation to hutches for animals
Wholesale services in relation to hutches for animals
Online retail services in relation to hutches for animals
Retail services in relation to lice combs for pets
Wholesale services in relation to lice combs for pets
Online retail services in relation to lice combs for pets
Retail services in relation to electronic feeders for animals
Wholesale services in relation to electronic feeders for animals
Online retail services in relation to electronic feeders for animals
Retail services in relation to chains (Metal -) for animals
Wholesale services in relation to chains (Metal -) for animals
Online retail services in relation to chains (Metal -) for animals
Retail services in relation to vitamin and mineral supplements for pets
Wholesale services in relation to vitamin and mineral supplements for pets
Online retail services in relation to vitamin and mineral supplements for pets
Retail services in relation to pet odor neutralizer
Wholesale services in relation to pet odor neutralizer
Online retail services in relation to pet odor neutralizer
Retail services in relation to deodorisers for litter trays
Wholesale services in relation to deodorisers for litter trays
Online retail services in relation to deodorisers for litter trays
Retail services in relation to vitamins for animals
Wholesale services in relation to vitamins for animals
Online retail services in relation to vitamins for animals
Retail services in relation to animal repellent formulations
Wholesale services in relation to animal repellent formulations
Online retail services in relation to animal repellent formulations
Retail services in relation to medicines for veterinary purposes
Wholesale services in relation to medicines for veterinary purposes
Online retail services in relation to medicines for veterinary purposes
Retail services in relation to animal flea collars
Wholesale services in relation to animal flea collars
Online retail services in relation to animal flea collars
Retail services in relation to antiparasitic collars for animals
Wholesale services in relation to antiparasitic collars for animals
Online retail services in relation to antiparasitic collars for animals
Retail services in relation to dietary supplements for animals
Wholesale services in relation to dietary supplements for animals
Online retail services in relation to dietary supplements for animals
Retail services in relation to neutraceutical preparations for animals
Wholesale services in relation to neutraceutical preparations for animals
Online retail services in relation to neutraceutical preparations for animals
Retail services in relation to edible pet treats
Wholesale services in relation to edible pet treats
Online retail services in relation to edible pet treats
Retail services in relation to pet animals
Wholesale services in relation to pet animals
Online retail services in relation to pet animals
Retail services in relation to animal foodstuffs
Wholesale services in relation to animal foodstuffs
Online retail services in relation to animal foodstuffs
Retail services in relation to mixed animal feed
Wholesale services in relation to mixed animal feed
Online retail services in relation to mixed animal feed
Retail services in relation to foodstuffs for domestic animals
Wholesale services in relation to foodstuffs for domestic animals
Online retail services in relation to foodstuffs for domestic animals
Retail services in relation to foodstuffs and fodder for animals
Wholesale services in relation to foodstuffs and fodder for animals
Online retail services in relation to foodstuffs and fodder for animals
Retail services in relation to animal feed preparations
Wholesale services in relation to animal feed preparations
Online retail services in relation to animal feed preparations
Retail services in relation to pet leads
Wholesale services in relation to pet leads
Online retail services in relation to pet leads
Retail services in relation to collars for animals
Wholesale services in relation to collars for animals
Online retail services in relation to collars for animals
Retail services in relation to harness for animals
Wholesale services in relation to harness for animals
Online retail services in relation to harness for animals
Retail services in relation to covers for animals
Wholesale services in relation to covers for animals
Online retail services in relation to covers for animals
Retail services in relation to clothing for pets
Wholesale services in relation to clothing for pets
Online retail services in relation to clothing for pets
Retail services in relation to pet jewelry
Wholesale services in relation to pet jewelry
Online retail services in relation to pet jewelry
Retail services in relation to toys for animals
Wholesale services in relation to toys for animals
Online retail services in relation to toys for animals
Retail services in relation to toys for pets
Wholesale services in relation to toys for pets
Online retail services in relation to toys for pets.