The trademark MERCUR was filed by Robert Zapora, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 16, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on December 15, 2021 by G.H. Warner Footwear Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BECK GREENER and its proceedings were handled in English
The second opposition filed on December 14, 2021 by INDUSTRIAS MERCURY, S.A. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English
The third opposition filed on December 12, 2021 by AIDASANI AIDASANI, BHARAT on Likelihood of confusion. the opponent was represented by SANTIAGO MEDIANO ABOGADOS, S.L.P. and its proceedings were handled in English
The fourth opposition filed on October 4, 2021 by MSG MERKUR Shoe Group GmbH on Likelihood of confusion. the opponent was represented by WEBER & SAUBERSCHWARZ and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on September 7, 2021. Change of name and professional address of the trademark registration was recorded on October 20, 2022.
The Opposition with reference B 003160319 was refused according to Article 8(1)(b) EUTMR with decision issued on June 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Kerchiefs [clothing]
Clothing for gymnastics
Jackets [clothing]
Menswear
Sportswear
Loungewear
Ladies' clothing
Work clothes
Sweat shirts
Track jackets
Blousons
Trousers
Snowboard trousers
Snow pants
Sweatpants
Short-sleeved T- shirts
Casual jackets
Hats
Neckties
Waistcoats
Underwear
Nightwear
Shell suits
Wind suits
Tracksuit bottoms
Knitted caps
Woolly hats
Fur hats
Undershirts
Gloves [clothing]
Skirts
Ladies' dresses
Sweaters
Scarves
Blouses
Shirts
Socks [non-technical and non-functional]
None of the aforesaid being footwear.
The mark was filed in class 35 with following description of goods:
Retail services in relation to clothing
Online retail services in relation to clothing
Retail services in relation to kerchiefs [clothing]
Online retail services in relation to kerchiefs [clothing]
Retail services in relation to clothing for gymnastics
Online retail services in relation to clothing for gymnastics
Retail services in relation to jackets [clothing]
Online retail services in relation to jackets [clothing]
Retail services in relation to menswear
Online retail services in relation to menswear
Retail services in relation to sportswear
Online retail services in relation to sportswear
Retail services in relation to loungewear
Online retail services in relation to loungewear
Retail services in relation to ladies' clothing
Online retail services in relation to ladies' clothing
Retail services in relation to work clothes
Online retail services in relation to work clothes
Retail services in relation to sweat shirts
Online retail services in relation to sweat shirts
Retail services in relation to track jackets
Online retail services in relation to track jackets
Retail services in relation to blousons
Online retail services in relation to blousons
Retail services in relation to trousers
Online retail services in relation to trousers
Retail services in relation to snowboard trousers
Online retail services in relation to snowboard trousers
Retail services in relation to snow pants
Online retail services in relation to snow pants
Retail services in relation to sweatpants
Online retail services in relation to sweatpants
Retail services in relation to short-sleeved T-shirts
Online retail services in relation to short-sleeved T-shirts
Retail services in relation to casual jackets
Online retail services in relation to casual jackets
Retail services in relation to hats
Online retail services in relation to hats
Retail services in relation to neckties
Online retail services in relation to neckties
Retail services in relation to waistcoats
Online retail services in relation to waistcoats
Retail services in relation to underwear
Online retail services in relation to underwear
Retail services in relation to nightwear
Online retail services in relation to nightwear
Retail services in relation to shell suits
Online retail services in relation to shell suits
Retail services in relation to wind suits
Online retail services in relation to wind suits
Retail services in relation to tracksuit bottoms
Online retail services in relation to tracksuit bottoms
Retail services in relation to knitted caps
Online retail services in relation to knitted caps
Retail services in relation to woolly hats
Online retail services in relation to woolly hats
Retail services in relation to fur hats
Online retail services in relation to fur hats
Retail services in relation to undershirts
Online retail services in relation to undershirts
Retail services in relation to gloves [clothing]
Online retail services in relation to gloves [clothing]
Retail services in relation to skirts
Online retail services in relation to skirts
Retail services in relation to ladies' dresses
Online retail services in relation to ladies' dresses
Retail services in relation to sweaters
Online retail services in relation to sweaters
Retail services in relation to scarves
Online retail services in relation to scarves
Retail services in relation to blouses
Online retail services in relation to blouses
Retail services in relation to shirts
Online retail services in relation to shirts.
Retail services in relation to socks [non-technical and non-functional]
None of the aforesaid services relating to footwear.