The trademark B was filed by Aug. Bolten Wm. Miller's Nachfolger (GmbH & Co.) KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 12, 2022, and received one opposition filed on January 12, 2023 by BOLUDA CORPORACION MARITIMA, S.L. on Likelihood of confusion. the opponent was represented by PROTECTIA PATENTES Y MARCAS S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2023
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 003188026 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 12 with Ships.
The mark was filed in class 35 with following description of goods:
Business management, in particular in the shipping sector
Business administration, in particular in the shipping sector
Ship management services
Professional business and commercial ship management
Professional business project planning in the shipping sector
Commercial consultancy for transport and storage, Organisational consultancy with regard to the establishment of transport links, transhipment matters and goods distribution
Placement of staff, Employment agency services, Personnel recruitment, Personnel management, in the following fields: Waterborne traffic
Provision of personnel, Namely of Provision of sea crews
Preparation of accounts, Especially, Preparation of payroll accounting
Book-keeping.
The mark was filed in class 36 with following description of goods:
Insurance, in particular insurance brokerage in the shipping sector
Finance services, In particular financial services in the field of shipping
Asset management
Clearing of ships, namely clearing of ships with customs and other authorities.
The mark was filed in class 39 with following description of goods:
Transportation and delivery of goods
Ship brokerage
Chartering, rental, hire and leasing in the shipping sector, and arranging of the aforesaid services
Marine brokerage
Freight services in the shipping sector
Shipping of goods
Shipping, namely transport of persons and goods
Liner shipping
Arranging of transport services being solely for freight logistics, with the exception of air freight
Freight forwarding of goods of all kinds, being solely for freight logistics, with the exception of air freight
Travel agencies
Reservation and arranging of traffic and transport services, being solely for freight logistics with the exception of air freight.
The mark was filed in class 41 with Training of sailors and ship crews.
The mark was filed in class 42 with Technical consultancy relating to the shipping sector, in particular relating to ship building, freight logistics, transport of persons and goods by ship and Technical project planning in the shipping sector..
The mark was filed in class 45 with Implementation, Monitoring services and Testing, in relation to the following services: Security services for ships, ship fleets and harbour facilities.