The trademark BOOSTY was filed by David van Vliet, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 13, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on January 12, 2023 by adidas International Marketing B.V. on Likelihood of confusion. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and its proceedings were handled in English
The second opposition filed on January 8, 2023 by THE BOOTS COMPANY PLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by McArdle, Shane and its proceedings were handled in English
The third opposition filed on November 8, 2022 by The Quality Group GmbH on Likelihood of confusion. the opponent was represented by MENOLD BEZLER Rechtsanwälte Steuerberater Wirtschaftsprüfer Partnerschaft mbB and its proceedings were handled in English
The fourth opposition filed on November 2, 2022 by Boozt Fashion AB on Likelihood of confusion. the opponent was represented by SETTERWALLS and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003182252 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 30, 2024 by the EUIPO. The Opposition with reference B 003188066 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on January 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary and nutritional supplements
Vitamin and mineral supplements
Health food supplements
Dietetic substances adapted for medical use
Pharmaceuticals.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Import and export services
Merchandising
Organization of events for commercial and advertising purposes
All the aforesaid services in relation to dietary and nutritional supplements, vitamin and mineral supplements, health food supplements, dietetic substances adapted for medical use, pharmaceuticals, clothing (except shoes), underwear and headgear
All the aforesaid services also provided via electronic channels, including the internet
Online retail, Retail and wholesaling services
All the aforesaid services in relation to dietary and nutritional supplements, vitamin and mineral supplements, health food supplements, dietetic substances adapted for medical use, pharmaceuticals
All the aforesaid services also provided via electronic channels, including the Internet.