The trademark Armsky was filed by Jiayang Kang, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 16, 2022, and received one opposition filed on May 9, 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 9, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Partial transfers of the trademark registration was recorded on March 27, 2022.
The Opposition with reference B 003170793 was refused according to Article 8(1)(b) EUTMR with decision issued on July 31, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 28 with following description of goods:
Abdomen protectors for athletic use
Aerobic step machines
Alpine skis
Assembly toys
Ascenders [mountaineering equipment]
Exercisers [expanders]
Scale model kits [toys]
Scale model vehicles
Baby playthings
Flying discs
Flying discs [toys]
Decorations for Christmas trees
Party balloons
Inflatable balloon cheering sticks
Battery operated remote controlled toy vehicles
Batting gloves
Beach balls
Blocks (Building -) [toys]
Body training apparatus [exercise]
Bodysurfing boards
Christmas tree stands
Boxing gloves
Chest protectors for athletic use
Video game machines
Apparatus for games
Climbers' harness
Controllers for toys
Covers for ski bindings
Dolls
Drawing toys
Drones [toys]
Controllers for game consoles
Dumb-bells [for weight lifting]
Dumb-bells
Toys, games, and playthings
Toys, games and playthings for pet animals
Role play games
Electric action toys
Electronic remote controlled toy vehicles
Exercise bands
Exercise balls
Exercise pulleys
Exercise trampolines
Exercise treadmills
Face guards for sports use
Fairground and playground apparatus
Fencing equipment
Fishing equipment
Fitness exercise machines
Football gloves
Gloves for sports
Gym balls for yoga
Gymnastic and sporting articles
Indoor fitness apparatus
Inflatable toys
Intelligent toys
Jigsaw puzzles
Knee guards for athletic use
Leg guards for athletic use
Masks (Toy -)
Multiple activity toys for babies
Hand-held units for playing electronic games
Musical toys
Outdoor toys
Pet toys
Plush stuffed toys
Puzzles [toys]
Radio-controlled toy aeroplanes
Radio-controlled toy robots
Remote control toys
Remote controlled toys in the form of vehicles
Joysticks being parts of video game consoles
Skateboards
Spinning tops [playthings]
Sporting articles and equipment
Sports training apparatus
Starting blocks for sports
Swings [playthings]
Protective films for video game device remote controls