The trademark BITRE was filed by BITRE' S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 27, 2022, and received one opposition filed on October 2, 2022 by MATICA, SA on Likelihood of confusion. the opponent was represented by ALVARO DUARTE & ASSOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 2, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003180011 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 18 with following description of goods:
Bags
Gym bags
Bags for sports
Towelling bags
All-purpose carrying bags
Bags for sports clothing
Luggage, bags, wallets and other carriers
Rucksacks
Sports packs
Overnight bags.
The mark was filed in class 24 with following description of goods:
Apparel fabrics
Elastic fabrics for clothing
Jersey [fabric]
Woven fabrics for making up into articles of clothing
Textile fabrics for use in the manufacture of sportswear
Fabric for manufacturing women's outerwear
Textile fabrics for the manufacture of clothing
Textiles for making up into articles of clothing
Fibre fabrics for use in the manufacture of articles of clothing
Towels of textile featuring American football team logos
Printed textile piece goods
Waterproof textile fabrics
Textile piece goods for making-up into towels
Textile fabric piece goods for use in the manufacture of clothing
Fabrics being textile piece goods made of mixtures of fibres
Textile piece goods for use in the manufacture of protective clothing
Suiting materials [textile]
Silk fabrics for printing patterns
Textiles for digital printing
Plastic banners
Banners of textile or plastic.
The mark was filed in class 25 with following description of goods:
Baseball uniforms
Clothing
Visors being headwear
Face mask [clothing]
Headbands [clothing]
Face coverings [clothing], not for medical or sanitary purposes
Sportswear
Oilskins [clothing]
Shorts
Cuffs
Tops [clothing]
Formalwear
Waterproof clothing
Bottoms [clothing]
Cyclists' clothing
Menswear
Triathlon clothing
Skating outfits
Surfwear
Work clothes
Tennis wear
Sweatpants
Jogging sets [clothing]
Roll necks [clothing]
Clothing for gymnastics
Chaps (clothing)
Woven clothing
Bandeaux [clothing]
Dance clothing
Rainwear
Clothing for martial arts
Golf clothing, other than gloves
Gym suits
Sports clothing [other than golf gloves]
Short sets [clothing]
Clothing for men, women and children
Parts of clothing, footwear and headgear
Sweat shirts
Hooded sweatshirts
Track jackets
Face masks [fashion wear]
Tank tops
Camouflage vests
Scrimmage vests
Printed t-shirts
Basketball sneakers
Sports pants
Sport coats
Rugby tops
Rugby shorts
Rugby boots
Bathing caps
Swim shorts
Tennis dresses
Tennis shorts
Tennis socks
Tennis shirts
Tennis pullovers
Tennis skirts
Tennis shoes
Tennis sweatbands
Shoes for foot volleyball
Dresses.
The mark was filed in class 28 with following description of goods:
Soccer ball bags
Balls for games
Basketballs
Sportballs
Ball catchers
Rubber balls
Volley balls
Balls being sporting articles
Basketball backboards
Basketball baskets
Basketball nets
Basketball backboards made of glass
Sporting articles
Cases adapted for sporting articles
Bags specially adapted for sports equipment
Nets for ball games
Sports equipment
Sporting articles and equipment
Sports training apparatus
Rugby footballs
Apparatus for use in training for the game of rugby [sporting equipment]
Starting blocks [swimming equipment]
Racing lanes [swimming equipment]
Inflatable swimming floats
Webbed gloves for swimming
Swimming kickboards
Tennis nets
Tennis rackets
Tennis balls
Platform tennis nets
Soft tennis balls
Platform tennis balls
Platform tennis paddles
Tennis racket covers
Tennis balls [not soft]
Tennis racket strings
Tennis nets and uprights
Tables for table tennis
Tennis uprights
Cases for tennis balls
Table tennis balls
Tennis bags shaped to contain a racket
Tennis uprights [sports equipment]
Racket cases [for tennis or badminton].
The mark was filed in class 35 with following description of goods:
Retail services connected with the sale of clothing and clothing accessories
Wholesale services in relation to clothing
Online retail store services relating to clothing
Mail order retail services connected with clothing accessories
Mail order retail services for clothing
Online retail services relating to clothing
Retail services in relation to clothing accessories
Retail services in relation to clothing
Retail of third-party pre-paid cards for the purchase of clothing
Business management of wholesale outlets
Business management of wholesale and retail outlets
Wholesale services in relation to footwear
Wholesale services in relation to fabrics
Wholesale services in relation to headgear
Wholesale services in relation to printed matter
Demonstration of goods
Demonstration of goods for promotional purposes
Presentation of goods on communication media, for retail purposes
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services
Distribution of products for advertising purposes
Arranging the buying of goods for others
Purchasing of goods and services for other businesses
Providing consumer product information relating to laptops
Mediation of agreements regarding the sale and purchase of goods
Negotiation of contracts relating to the purchase and sale of goods
Advisory services relating to the purchase of goods on behalf of others
Outsourcing services in the nature of arranging procurement of goods for others
Commercial information and advice for consumers in the choice of products and services
Procurement services for others [purchasing goods and services for other businesses]
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Business advisory services relating to product manufacturing
Business advisory services relating to product development
Product sales information
Wholesale services relating to sporting goods
Retail services relating to sporting goods.
The mark was filed in class 40 with following description of goods:
Tailoring or dressmaking
Custom imprinting of clothing with decorative designs
Clothing (hot-pressing of -) [forming of clothing]
Moulding of synthetic products
Assembly of products for others
Treatment of materials using chemicals
Chemical treatment of textile
Providing information relating to tailoring
Providing information relating to dressmaking
Dressmaking
Custom tailoring
Tailoring [custom manufacture]
Sewing (custom manufacture)
Customized printing of company names and logos for promotional and advertising purposes on the goods of others
Embroidering
T-shirt embroidering services
Silkscreen printing
Photographic printing
Textile printing
Printing
Printing of advertising matter
Pattern printing on fabric
Print finishing services
Design printing for others
Providing information relating to printing services
Providing information relating to photographic printing services.
The mark was filed in class 42 with following description of goods:
Design of clothing, footwear and headgear
Design for others in the field of clothing
Dress designing
Product design
Product development
New product design
Product research and development
Product design and development
Product development for others
Consumer product design
Design and development of new products
Providing information in the field of product development.