The trademark DAYSKY was filed by Shenzhen Chuangruixin Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 23, 2021, and received one opposition filed on November 22, 2021 by Sky International AG 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 November 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003158834 was refused according to Article 8(1)(b) EUTMR with decision issued on January 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computers
Notebook computers
Computer keyboards
Computer peripheral devices
Mouse [computer peripheral]
Mouse pads
Computer software applications, downloadable
Humanoid robots with artificial intelligence
Tablet computers
Laptop computers
Counters
Wearable activity trackers
Cabinets for loudspeakers
Headphones
Electronic book readers
Enlarging apparatus [photography]
Locks, electric
Spectacles
Chargers for electric accumulators
Computer software, recorded.
The mark was filed in class 35 with following description of goods:
Advertising
Publicity
Layout services for advertising purposes
Presentation of goods on communication media, for retail purposes
Market studies
Business inquiries
Providing business information
Organization of trade fairs
Import-export agency services
Sales promotion for others
Marketing
Procurement services for others [purchasing goods and services for other businesses]
Provision of an online marketplace for buyers and sellers of goods and services
Personnel management consultancy
Personnel recruitment
Search engine optimization for sales promotion
Website traffic optimization
Book-keeping
Rental of vending machines
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies.