The trademark B was filed by HUGO BOSS Trade Mark Management GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 8, 2022, and received one opposition filed on December 8, 2022 by BALENCIAGA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI (Société IPSIDE) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 8, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Spectacles and parts therefor
Spectacle cases
Cell phone cases
Laptop cases
Smartwatches and Software
Mobile Apps
Wearable activity trackers
Electronic pens
Ear phones
Alarm bells
Films, Downloadable image files
Electronic magazines
Downloadable music files
Podcasts
USB web keys
Communications headsets
Microphones for communication devices
Mobile data receivers
Digital optical transmission apparatus
CD storage wallets
Digital notepads
Electronic memories
Labels with integrated RFID chips
Labels carrying magnetically recorded or encoded information
Labels with machine-readable codes
Cases for music storage devices
Memory sticks
Headsets for virtual reality games
Electronic book reader covers
Smart speakers
MP4 players
Headphones
Wireless headphones
In-ear headphones
Headphones for smart phones
Cases for headphones
Noise cancelling headphones
Wireless headsets for smartphones
Telephone headsets
Headphone-microphone combinations
Loudspeakers
Cabinets for loudspeakers
Wireless speakers
Portable speaker docks
Downloadable virtual goods, namely, computer programs featuring clothing for men, women, children and pets, footwear, headwear, clocks and watches, jewellery, eyewear, fashion accessories for men, women, children and pets, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, furniture, household articles, stationery, candles, luggage, toys, golf and cycling, sport bags, art for use online and in online virtual worlds
Gaming Software.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods of precious metals or coated therewith (included in class 14), namely amulets, ornaments, charms for key rings, pins, bracelets, brooches, necklaces, chains, tie clips, tie pins, works of art of precious metal, beads for making jewellery, cuff links, lockets, earrings, pearls, rings, jewellery charms, ornamental pins, jewellery rolls, hat jewellery, clasps for jewellery, jewels, medaillons, stick pins, cloisonné jewellery
Jewellery
Clocks and watches
Jewellery boxes and watch boxes
Alarm clocks.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials (included in class 16) namely advertisement boards, packing paper, bags [envelopes, pouches] for packaging, packing [cushioning, stuffing] materials, photographs [printed], note books, booklets, calendars, desk top planners, adhesive pads [stationery], note pads, personal organizers, bookmarkers, paper-clips, desk mats, hangtags and stickers
Hangtags
Printed matter, bookbinding material
Photographs [printed]
Stationery, ball-point pens, fountain pens and pencils
Bags [envelopes, pouches] of paper or plastics, for packaging
Packing [cushioning, stuffing] materials of paper or cardboard
Packing paper
Containers of plastic, paper or cardboard for packaging
Money clips
Stickers
Plastic bags for wrapping of clothes.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials (included in class 18), namely Brief bags, Wallets, Casings, of leather, for stationery, Purses, Card wallets [leather ware], Garment bags for travel, Vanity cases, not fitted, Credit card cases [wallets], Toiletry bags, Cosmetic bags sold empty, Straps (leather-), Traveling sets, Key bags, Bags [envelopes, pouches] of leather, for packaging
Trunks and travelling bags
Bags
Umbrellas and parasols
Luggage, bags, wallets and other carriers
Clothing for pets
Collars for animals
Dog collars
Dog shoes
Dog leashes
Dog leads
Dog parkas
Dog clothing
Dog apparel
Dog coats
Dog bellybands
Raincoats for dogs
Horse shoes
Horse covers
Horse blankets
Horse cloths
Horse collars
Horse saddles
Harness for horses
Blinkers for horses
Headbands for horses
Rain sheets for horses
Golf umbrellas
And walking sticks
Whips
Harness and saddlery
Attaché cases
Feed bags
Sport bags
Leather shoulder belts
Beach bags
Briefbags
Card cases [notecases]
Chain mesh purses
Handbag frames
Frames for umbrellas or parasols
Handbags
Suitcase handles
Walking cane handles
Haversacks
Music cases
Muzzles
Purses
Backpacks
Satchels
Shopping bags
Straps for skates
Slings for carrying infants
Umbrella handles
Umbrella rings
Umbrella sticks
Walking stick seats
Wheeled shopping bags
Combination walking sticks and umbrellas
Bags for umbrellas
Covers for parasols
Umbrella covers
Beach umbrellas [beach parasols]
Metal parts of umbrellas
Suitcases
Wheeled luggage
Toiletry bags
Travelling sets [leatherware]
Tie cases for travel
Cases of imitation leather
Key cases made of leather
Key cases
Cosmetic purses
Shaving bags sold empty
Driving licence cases
Tool pouches, sold empty
Carry-on bags
Travel luggage
Boston bags
Casual bags
Bucket bags
Shoulder bags
Cross-body bags
Children's shoulder bags
Fashion handbags
Drawstring bags
Wheeled bags
Flight bags
Bags (game -) [hunting accessories]
Bags for campers
Hiking bags
Work bags
Wrist mounted carryall bags
Gym bags
Saddlebags
Evening handbags
Travel baggage
Travelling bags made of imitation leather
Travel bags made of plastic materials
Garment bags for travel made of leather
Shoe bags for travel
Garment carriers
Canvas bags
Diplomatic bags
Leather bags and wallets
Flexible bags for garments
Waterproof bags
Felt bags
Briefcases [leather goods]
Artificial fur bags
Knitted bags, not of precious metals
Bags for sports clothing
Wash bags for carrying toiletries
Towelling bags
Shoe bags
Tool bags sold empty
Small bags for men
Hipsacks
Purses made of precious metal
Leather purses
Handbags made of leather
Handbags made of imitations leather
Pouches for holding make-up
Keys and other personal items
Hat boxes for travel
Hat boxes of leather
Straps for luggage
Straps for coin purses
Business card holders in the form of wallets
Coin holders
Travel cases
Luggage covers
Bumbags
Clutches [purses]
Card wallets [leatherware]
Nappy wallets
All-purpose athletic bags
Kit bags
Bags for climbers
Travelling bags
Purse frames
Wheeled suitcases
Valises
Hand luggage
Hiking rucksacks
Sports packs
Harness fittings
Studs of leather
Straps made of imitation leather
Laces (leather -)
Leather, unworked or semi-worked
Leather for harnesses
Leather for shoes
Imitation leather
Moleskin [imitation of leather]
Curried skins
Polyurethane leather
Fur
Faux fur
Semi-worked fur
Leather cloth
Articles of clothing for horses
Saddle trees
Saddlery
Animal harnesses
Reins
Fastenings for saddles
Saddle blankets
Covers for animals
Hunting crops
Jockey sticks
Spats and knee bandages for horses
Leggings for animals
Covers and wraps for animals
Saddlecloths for horses.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, frames
Hangers for clothes
Coathooks
Displays, stands and signage, non-metallic
Display stands
Beddings
Pillows
Dog baskets
Dog beds
Dog houses
Non-metal dog tags
Storage racks for ski and sports equipment
Dispensers for dog waste bags, fixed, not of metal
Pet furniture
Beds for pets
Playhouses for pets
Portable beds for pets
Baby nests.
The mark was filed in class 21 with following description of goods:
Pet bowls
Pet feeding bowls
Pet feeding dishes
Pet drinking bowls
Automatic pet feeders
Electric pet brushes
Cages for pets
Brushes for pets
Toothbrushes for pets
Little boxes for pets
Golf brushes
Household and kitchen utensils and containers
Cocktail shakers
Brushes
Glassware
Porcelain
Reusable bottles, thermo bottles
Hair brushes
Boot brushes
Shaving brushes
Washing brushes
Bottle brushes
Golf brushes
Tooth brush cases
Holder for brushes
Combs
Cases for combs.
The mark was filed in class 24 with following description of goods:
Woven fabrics and textile goods, included in class 24, in particular handkerchiefs and hand towels
Bed and table linen, wall hangings of textile, bed blankets and curtains of textile materials
Textile labels and tags
Curtains and drapes.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 35 with following description of goods:
Business management, sales consultancy
Wholesale and retail services in relation to clothing, footwear, headgear and clocks and watches, eyewear, jewelry, fashion accessories, cosmetics and perfumery, goods of leather, namely trunks and bags, purses, card wallets [leather ware], garment bags for travel, vanity cases, not fitted, toiletry bags, straps (leather), backpacks, key bags, satchels, gym bags, bags [envelopes, pouches] of leather, for packaging, umbrellas and parasols
Wholesale and retail services in relation to bed linen, home textiles, household articles, namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, luggage, sporting articles and smoking articles
Marketing services
Market research and market analysis
Advertising
Sales promotion
Rental of advertising space
Distribution of goods and advertising material for advertising purposes, including via electronic media and via the Internet
Presentation of goods, in particular shop and shop window dressing
Organization of Exhibitions for commercial or advertising purposes
Promotion of business relationships by providing of commercial and business contacts
Commercial information and advice for consumers [consumer advice shop]
Business consultancy and administration
Business organization consulting
Professional business consulting
Organization of fashion shows for commercial, industrial and advertising purposes
Management of retail stores, online wholesale and retail services and online ordering services, mail ordering services and computerized online-ordering services in relation to clothing, footwear, headgear and clocks and watches, eyewear, jewelry, fashion accessories, cosmetics and perfumery
Management of retail stores, online wholesale and retail services and online ordering services, mail ordering services and computerized online-ordering services in relation to goods of leather, namely trunks and bags, purses, card wallets [leather ware], garment bags for travel, vanity cases, not fitted, toiletry bags, straps (leather), backpacks, key bags, satchels, gym bags, bags [envelopes, pouches] of leather, for packaging, umbrellas and parasols
Management of retail stores, online wholesale and retail services and online ordering services, mail ordering services and computerized online-ordering services in relation to bed linen, home textiles, household articles, namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, luggage, sporting articles and smoking articles
Organization of virtual fashion shows for commercial purposes
Retail store services in relation to virtual goods namely clothing for men, women, children and pets, footwear, headwear, clocks and watches, jewellery, eyewear, fashion accessories for men, women, children and pets, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, furniture, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, golf and cycling, sport bags, art for use online and in online virtual worlds
Online retail store services in relation to virtual merchandise namely, clothing for men, women, children and pets, footwear, headwear, clocks and watches, jewellery, eyewear, fashion accessories for men, women, children and pets, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, furniture, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, golf and cycling, sport bags, art for use online and in online virtual worlds
Wholesale and retail services in relation to clothing for men, women, children and pets, footwear, headwear, clocks and watches, jewellery, eyewear, fashion accessories for men, women, children and pets, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, furniture, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, golf and cycling, sport bags, art for use online and in online virtual worlds
Organization of fashion shows for commercial and advertising purposes
Management of retail stores, online wholesale and retail services in relation to clothing, footwear, headwear and clocks and watches, jewelry, eyewear, fashion accessories, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, sport bags, art
All the aforementioned services for use online and in online virtual worlds
Online ordering services, mail ordering services and computerized online-ordering services in relation to clothing, footwear, headwear and clocks and watches, jewelry, eyewear, fashion accessories, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, sport bags, art
All the aforementioned services for use online and in online virtual worlds.
The mark was filed in class 41 with Entertainment services, namely, providing online, non-downloadable virtual clothing for men, women, children and pets, footwear, headwear, clocks and watches, jewellery, eyewear, fashion accessories for men, women, children and pets, cosmetics and perfumery, bags, handbags, purses, card wallets, backpacks, furniture, household articles namely household containers, household textiles, household linen, household utensils and household fragrances, shoe polishing sets, wine openers and wine decanters, stationery, candles, luggage, toys, golf and cycling, sport bags, art for use online and in online virtual worlds.
The mark was filed in class 42 with following description of goods:
Design and development of computer software for use online and in online virtual worlds
Design and development of virtual reality software, namely objects of virtual reality environments
Providing temporary use of non-downloadable software, namely virtual reality objects and virtual reality environments.