The trademark BS was filed by VIA Outlets B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 16, 2022, and received one opposition filed on July 19, 2022 by BANCO DE SABADELL, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Belts [clothing]
Shawls
Underwear
Lingerie.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration
Office functions
Public relations and sales promotion
Import and Export, Purchase and sale, Retail and wholesale services in relation to the following goods: Consumer products, namely Foodstuffs, Agri-foodstuffs, Interior furnishings (namely furniture, lamps, mirrors, picture frames), Printed matter, stationery, games, Electronic and household goods namely bleaching preparations and Other substances for laundry use, cleaning-, polishing-, grease-removing preparations and abrasives, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Household or kitchen utensils and containers, Combs and spongers, Brushes (except paint brushes), Brush-making materials, articles for cleaning purposes, Steel wool, Unworked or semi-worked glass (except glass used in building), Raw fibrous textile materials, personal grooming products, household textile goods, Fashion and fashion accessories
Business mediation in the purchase, sale, import and export in relation to the following goods: Consumer products, namely Foodstuffs, Agri-foodstuffs, Interior goods namely Furniture, Lamps, Mirrors, picture frames, Printed matter, stationery, games, Electronic and household goods namely bleaching preparations and Other substances for laundry use, cleaning-, polishing-, grease-removing preparations and abrasives, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Articles for cleaning purposes, Steel wool, Unworked or semi-worked glass (except glass used in building), Raw fibrous textile materials, personal grooming products, household textile goods, Fashion and fashion accessories
Bringing together, for others, of a variety of goods, enabling customers to conveniently view and purchase those goods, Including similar services provided online from a computer database in relation to the following goods: Consumer products, namely Foodstuffs, Agri-foodstuffs, Interior goods namely Furniture, Lamps, Mirrors, picture frames, Printed matter, stationery, games, Electronic and household goods namely bleaching preparations and Other substances for laundry use, cleaning-, polishing-, grease-removing preparations and abrasives, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Household or kitchen utensils and containers, Combs and Sponges, Brushes (except paint brushes), Brush-making materials, articles for cleaning purposes, Steelwool, unworked or semi-worked glass (except glass used in building), Raw fibrous textile materials, personal grooming products, household textile goods, Fashion and fashion accessories
Business operation of catering establishments
Administrative processing and organising of mail order services
Business mediation in the import and export, purchase and sale, retailing and wholesaling in relation to the following goods: Consumer products, Including foodstuffs, Agri-foodstuffs, Interior goods namely Furniture, Lamps, Mirrors, picture frames, Printed matter, stationery, games, Electronic and household goods namely bleaching preparations and Other substances for laundry use, cleaning-, polishing-, grease-removing preparations and abrasives, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Household or kitchen utensils and containers, Combs and spongers, Brushes (except paint brushes), Brush-making materials, articles for cleaning purposes, Steelwool, unworked or semi-worked glass (except glass used in building), Raw fibrous textile materials, personal grooming products, household textile goods, Fashion and fashion accessories
Merchandising
Administrative processing of purchase orders
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Development of strategies, concepts and ideas in the field of business organisation
Business management of shopping centres, business premises, shops and catering establishments
Business administrative processing of purchase orders
Professional consultancy in the field of business
Shop window dressing
Layout services for advertising purposes
Rental of advertising space
Business management of performing artists
Modelling for advertising or sales promotion
Distribution of samples and advertising materials
Payroll preparation
Recruiting sponsors and donors
Arranging trade fairs, events, exhibitions and art exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet
These aforementioned services in relation to retail services and rental of space in shopping malls for retail sales.
The mark was filed in class 36 with following description of goods:
Rental of real estate and property
Leasing of shopping mall space
Issuing of value, savings, discount, bonus and advantage cards, vouchers, coupons and loyalty cards, including customer cards representing a value
Offering the opportunity to save through providing bonuses and discounts
The above-mentioned services with the objective of encouraging customer loyalty
Establishing and making available discount, savings, bonus and privilege schemes
Information and consultancy relating to the aforesaid services
The aforesaid services whether or not via electronic channels, including the Internet
These aforementioned services in relation to retail services and rental of space in shopping malls for retail sales.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Compilation and providing of training, courses and workshops
Arranging and conducting of conferences, seminars, congresses, symposiums, lectures and other such educational activities
Organising, compiling, Producing, Executing, Direction and presenting Relating to the following fields: Fashion shows (relaxation), Concerts, Dance parties, Presentation of exhibitions, Sporting events, Shows, Road shows, Performances, Theatrical productions, performances and Other (live) entertainment
Arranging of competitions, contests, games, quizzes, whether or not involving audience participation
Production of quiz programmes
Preparing, producing, directing, presenting and rental of radio and television programmes, and of audio and video recordings
Film and music production
Compiling, producing, performing, directing, presenting and rental of television, music, dance, theatre and other entertainment programmes, events and shows
Devising creative concepts, including for radio and television programmes
Photographic reporting
Publishing, Issuing and Lending In connection with the following goods: leaflets, Brochures, Lending libraries, Periodicals, Newspapers, Columns, Magazines, Periodicals, other printed matter, Other texts and Image and sound recordings recorded on carriers
Presentation of goods and services using audio-visual productions, for educational purposes
Organization, production and presentation of events for educational, cultural or entertainment purposes
Arranging trade fairs, events, exhibitions and art exhibitions for educational purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet
None of these services related to finance, monetary and banking services.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Providing temporary accommodation
Catering industry services
Services of bars, cafes and restaurants
Hotel services
Rental of temporary accommodation for meetings, receptions, parties, exhibitions, trade fairs, congresses, conferences, workshops, seminars and other similar events
Consultancy relating to the selection of wines, (alcoholic) beverages and meals
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.