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EUTM file information

018513323

OTON

July 12, 2021

Trademark Summary

The trademark OTON was filed by OZEN, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 9, 2021, and received one opposition filed on November 9, 2021 by OTO International Ltd on Likelihood of confusion. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2021

The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003158092 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 25, 2023 by the EUIPO.

Goods And Services

  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Shoes
    3. Headgear
    4. Shirts
    5. Tee-shirts
    6. Sweat shirts
    7. Pullovers
    8. Polo shirts
    9. Waistcoats
    10. Leather dresses
    11. Belts [clothing]
    12. Furs [clothing]
    13. Gloves [clothing]
    14. Scarves
    15. Bandanas [neckerchiefs]
    16. Neckties
    17. Hosiery
    18. Socks
    19. Slippers
    20. Beach shoes
    21. Ski boots
    22. Sports shoes
    23. Underwear
    24. Headbands [clothing]
    25. Caps being headwear, hats, bucket caps.
  • The mark was filed in class 30 with following description of goods:
    1. Sugar
    2. Rice
    3. Tapioca
    4. Flour
    5. Cereal preparations
    6. Bread
    7. Pastries
    8. Confectionery
    9. Edible ices
    10. Honey
    11. Agave syrup [natural sweetener]
    12. Yeast
    13. Baking powder
    14. Powders for cakes
    15. Spice rubs
    16. Condiments
    17. Salt
    18. Mustard
    19. Vinegar
    20. Sauces [condiments]
    21. Spices
    22. Garden herbs, preserved [seasonings]
    23. Ice for refreshment
    24. Sandwiches
    25. Pizzas
    26. Pancakes
    27. Biscuits
    28. Cakes
    29. Rusks
    30. Confectionery
    31. Chocolate
    32. Aromatic preparations for food
    33. Food flavourings, other than essential oils
    34. Flavourings, other than essential oils, for beverages and cakes
    35. Sweetmeats [candy]
    36. Fruit jellies [confectionery]
    37. Dessert mousses [confectionery]
    38. Chewing gum for breath freshening
    39. Chewing gum
    40. Cake doughs, Pastry, Pastes for cooking, Batter mixes
    41. Pasta
    42. Petits fours [cakes]
    43. Bread, pastry goods, confectionery, edible ices, cookies, cakes, sugar confectionery, petits fours [cakes] containing phytocannabinoids.
  • The mark was filed in class 34 with following description of goods:
    1. Tobacco
    2. Articles for use with tobacco
    3. Matches
    4. Cigars
    5. Cigarettes
    6. Cigarettes containing tobacco substitutes, not for medical purposes
    7. Cigarettes containing phytocannabinoids
    8. Cigarette paper
    9. Tobacco pipes
    10. Lighters for smokers
    11. Cigar cases
    12. Cigarette cases
    13. Cigarette cases
    14. Ashtrays
    15. Electronic cigarettes
    16. Liquid solutions for use in electronic cigarettes
    17. Electronic cigarette liquid solutions containing phytocannabinoids
    18. Flavourings, other than essential oils, for use in electronic cigarettes
    19. Smoking accessories, namely, hand pipes, Water pipes, Hookahs, nebulizers, atomizers, Oral vaporisers.