The trademark Dr.Franklin was filed by RICKANDI, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 3, 2022, and received one opposition filed on September 28, 2022 by Franklin & Marshall Holding Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Spectacles
Sunglasses
Spectacle lenses
Spectacle cases
Spectacle chains
Fames for glasses
Spectacle lenses
Goggles for sports
Optical lenses
Optical apparatus and instruments
Electronic publications, downloadable
Electronic publications recorded on computer media
Media content
Containers for contact lenses
Contact lenses
Spectacle cords
Cell phone covers
Tablet sleeves
Sleeves for laptops
Cases for electronic diaries
Phone covers [specifically adapted].
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Waist belts
Money belts [clothing]
Caps being headwear
Caps being headwear
Kerchiefs [clothing]
Bandanas [neckerchiefs].
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing in shops and via the internet of cosmetics, cosmetic preparations for skin care, shampoos, hair lotions, essential oils, perfumery, perfumes, eau de Cologne, soaps, deodorants for personal use, cleaning, polishing, scouring and abrasive preparations, waxes for leather, preservatives for leather (waxes), shining preparations
Wholesaling and retailing in shops and via the internet of shining preparations (polish) for footwear, wax for footwear, polish for footwear, powder for footwear, cream for footwear, bleaching preparations for leather, cleaning and shining preparations for leather and footwear, sprays for footwear, spectacles, sunglasses, spectacle glasses (optics), spectacle cases, spectacle chains, spectacle frames, spectacle lenses, sports goggles
Wholesaling and retailing in shops and via the internet of optical lenses, optical apparatus and instruments, downloadable electronic publications, electronic publications recorded on data carriers, multimedia content, cases for contact lenses, contact lenses, spectacle cords, cases for mobile telephones, cases for tablets, cases for laptop computers, cases for electronic organisers, cases adapted for telephones
Wholesaling and retailing in shops and via the internet of cases for clocks and watches, watch chains, wristwatches, alarm clocks, chronographs (watches), stopwatches, cases for clocks and watches, jewellery, horological and chronometric instruments, shoe ornaments of precious metal, watch straps, cases adapted to hold jewellery and horological instruments, cuff-links, keyrings of precious metal, bracelets, novelty keyrings
Retailing and wholesaling in shops and via the Internet in relation to the following goods: leather and imitation letter, Trunks and travelling bags, Umbrellas and parasols, Backpacks, handbags, Wallets, change purses, Key fobs
Retailing and wholesaling in shops and via the Internet in relation to the following goods: Bags, haversacks, Clothing, footwear, headgear, Bands of leather, Money belts (clothing), Bonnets, caps, Scarves (clothing), Bandanas [neckerchiefs].