The trademark loona was filed by BEIJING KEYI TECHNOLOGY CO.,LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 28, 2022, and received one opposition filed on December 28, 2022 by van der Kolk, Marie-José on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RA Gilbert Tegeler, Rechtsanwälte Tegeler Kraft and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 28, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 26, 2023.
The Opposition with reference B 003186538 was rejected according to Article 10(2) EUTMDR with decision issued on December 14, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Data processing apparatus
Computers
Computer operating programs, recorded
Computer programs [downloadable software]
Electro-dynamic apparatus for the remote control of signals
Monitoring apparatus, electric
Remote control apparatus
Protection devices for personal use against accidents
Batteries, electric, for vehicles
Animated cartoons.
The mark was filed in class 28 with following description of goods:
Games
Smart toys
Toys
Parlor games
Radio-controlled toy vehicles
Chess sets
Balls for games
Body-building apparatus
Machines for physical exercises
Swimming pools [play articles].
The mark was filed in class 35 with following description of goods:
Advertising
Business management assistance
Commercial administration of the licensing of the goods and services of others
Import-export agencies
Sales promotion for others
Provision of an online marketplace for buyers and sellers of goods and services
Marketing
Search engine optimization
Sponsorship search
Updating and maintenance of data in computer databases.
The mark was filed in class 41 with following description of goods:
Education
Arranging and conducting of congresses
Organization of competitions [education or entertainment]
Bookmobile services
Providing on-line electronic publications, not downloadable
Game services provided on-line from a computer network
Modelling for artists
Layout services, other than for advertising purposes
Vocational guidance [education or training advice]
Animal training.
The mark was filed in class 42 with following description of goods:
Research and development of new products
Software as a service [SaaS]
Development and design of mobile applications
Creating and maintaining web sites for others
Providing information on computer technology and programming via a web site
Industrial design
Design and development of computer hardware and software
Updating of smartphone software
Conversion of data or documents from physical to electronic media