The trademark ROOTS IN THE SKY was filed by Fabrix London Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on January 31, 2022, and received one opposition filed on May 1, 2022 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 May 1, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2022. Change of name and professional address of the trademark registration was recorded on August 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on June 5, 2023.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business operation, management, administration and promotion of property, in relation to offices and retail and leisure units
Providing office functions to managed offices, retail and leisure units
Provision of a help desk service for managed premises in the nature of business administration to provide assistance in relation to fault reporting, enquiries, facility maintenance requests, pool car administration and management, security, contact management and other reception services
Rental of office equipment
Information, advice and consultancy services relating to the aforesaid.
The mark was filed in class 36 with following description of goods:
Property and real estate investment services
Real estate property management and administration
Management and administration of offices, retail and commercial premises
Rental of offices
Rental of offices for co-working
Property leasing services
Leasing and rental of retail and commercial premises
Provision of retail space and space for the provision of services including restaurant, café, crèche, nursery, health club, beauty salon, spa, health spa and banking facilities
Rent collection services
Information, advice and consultancy services relating to the aforesaid.
The mark was filed in class 37 with following description of goods:
Development of land [construction]
Restoration, renovation and refurbishment of property and buildings
Property and building development and construction
Building construction supervision
Infrastructure development
Cleaning, maintenance and repair of buildings and swimming pools
Construction, maintenance and repair of interior accommodation
Installation of fixtures, fitting and furniture
Installation of apparatus for security, lighting, fire detection and alarms, heating, ventilating, refrigerating and drying
Maintenance and repair of utilities in buildings maintenance, repair and installation services all relating to office equipment and fittings
Upholstery repair
Dry cleaning
Cleaning services
Lift maintenance
Car washing and valeting
Rental, hire and leasing of cleaning machines
Information, advice and consultancy services relating to the aforesaid.
The mark was filed in class 39 with following description of goods:
Provision and management of car parking facilities
Advisory services related to removals
Office removals
Furniture transportation, disposal, removal, delivery and storage
Removal of business papers and files
Provision of vehicles including rental and leasing of vehicles from a car pool
Valet parking
Porterage services
Electricity supply services
Gas supply services.
The mark was filed in class 41 with following description of goods:
Organisation of entertainment and cultural events
Organising community cultural events
Provision of swimming pool facilities
Private members club services (entertainment or education).
The mark was filed in class 42 with Architecture design services and design services relating to real estate..
The mark was filed in class 43 with following description of goods:
Bar and restaurant services
Services for providing food and drink
Provision of conference, event, exhibition and meeting facilities
Private members drinking club services
Club services for the provision of food and drink
Provision of crèche and nursery facilities
Provision, rental and letting of temporary accommodation, including office space
Provision of short-term lettings for office space, meeting and function rooms
Rental of furniture
Information, advice and consultancy services relating to the aforesaid
Provision of exhibition and gallery facilities.
The mark was filed in class 44 with following description of goods:
Horticulture, gardening and landscaping
Provision of beauty salon facilities
Provision of spa facilities
Health spa services
Provision of health and wellness services, namely, physical rehabilitation, diet, nutrition and health and beauty advisory services.
The mark was filed in class 45 with following description of goods:
Provision of security for offices, buildings, retail outlets