The trademark Artbay was filed by Felix Schauder, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 4, 2022, and received one opposition filed on July 4, 2022 by eBay Inc. 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 July 4, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003174178 was refused according to Article 8(1)(b) EUTMR with decision issued on October 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Giclee prints
Graphic reproductions
Art prints
Graphic art prints
Graphic art reproductions
3D wall art made of card
Aquarelles
Picture cards
Picture books
Pictures
Picture postcards
Prints in the nature of pictures
Pop-up books
Paintings [pictures], framed or unframed
Pictures in the nature of printed photographs
Pictures in the nature of drawings
Paper picture mounts
Pictures in the nature of paintings
Paintings
Paintings and calligraphic works
Portraits in the nature of paintings
Reproductions of paintings
Photo-engravings
Graphic representations
Graphic prints
Graphic drawings
Calligraphic works
Works of art made of paper
3D wall art made of paper
Works of art and figurines of paper and cardboard, and architects' models
Lithographs
Lithographic engravings
Portraits
Portraits in the nature of drawings
Portraits in the nature of printed photographs
Etchings
Paper cuttings
Silk screen prints
Prints [engravings]
Paper cake toppers
Wall decorations of paper
Adhesive wall decorations of paper
Oleographs
Printed educational materials
Printed teaching materials
Geographical maps
Illustrated wall maps for educational purposes
Printed cards
Printed charts
Cards
Gift wrap cards
Paper teaching materials
Letter paper [finished products]
Signboards of paper or cardboard
Posters made of paper
Shelf paper
Printed packaging materials of paper
Paper signboards
Bags made of paper for packaging
Placards of paper
Placards of paper or cardboard
Decorative wrapping paper
Collapsible cardboard boxes
Gift wrapping foil
Paper gift bags
Paper gift wrapping ribbons
Gift cartons
Cardboard gift boxes
Gift wrap paper
Metallic gift wrapping paper
Paper gift boxes
Gift packaging
Gift wrap
Paper sacks
Paperboard boxes [for industrial packaging]
Display boxes of cardboard
Cardboard packaging boxes in collapsible form
Collapsible boxes of paper.
The mark was filed in class 41 with following description of goods:
Electronic desktop publishing
Publishing services, except printing
Editing of printed matter containing pictures, other than for advertising purposes
Electronic publication of texts and printed matter, other than publicity texts, on the Internet
Electronic text publishing services
Publication of texts in the form of electronic media
Publication of printed matter in electronic form on the Internet
Publication of printed matter and printed publications
Publication of printed matter, also in electronic form, except for advertising purposes
Publication of printed matter, other than publicity texts, in electronic form
Publication of printed matter
Services for the publication of maps
Publication of texts and images, including in electronic form, except for advertising purposes
Publication of texts, other than publicity texts
Writing and publishing of texts, other than publicity texts
Issue of publications
On-line publishing services
Layout services, other than for advertising purposes