The trademark BLYB was filed by Good places tegernsee GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 5, 2023, and received one opposition filed on May 8, 2023 by LIMIÑANA Y BOTELLA, S.L. on Likelihood of confusion. the opponent was represented by Ochoa Blanco-Recio, Juan Carlos Vicente and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 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 003195512 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 5, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Oral hygiene preparations
Perfumery and fragrances
Body cleaning and beauty care preparations
Make-up preparations
Soaps and gels
Bath preparations
Deodorants and antiperspirants
Skin, eye and nail care preparations
Hair preparations and treatments
Hair removal and shaving preparations
Animal grooming preparations
Essential oils and aromatic extracts
Cleaning and fragrancing preparations
Household fragrances
Vehicle cleaning preparations
Laundry preparations
Leather and shoe cleaning and polishing preparations
Grinding preparations
Tailors' and cobblers' wax.
The mark was filed in class 18 with following description of goods:
Umbrellas and parasols
Walking sticks
Luggage, bags, wallets and other carriers
Saddlery, whips and apparel for animals.
The mark was filed in class 21 with following description of goods:
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Household utensils for cleaning, brushes and brush-making materials
Air fragrancing apparatus
Dustbins
Tableware, cookware and containers
Glasses, drinking vessels and barware
Coin banks (Piggy banks)
Cosmetic, hygiene and beauty care utensils
Dental cleaning articles
Aquaria and vivaria
Devices for pest and vermin control
Household or kitchen utensils.
The mark was filed in class 25 with following description of goods:
Headgear
Clothing
Footwear.
The mark was filed in class 30 with following description of goods:
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Bread
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Cereal bars and energy bars
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Syrups and treacles
Sweet glazes and fillings
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Dried and fresh pastas, noodles and dumplings
Cereals
Rice
Flour
Breakfast cereals, porridge and grits
Yeast and leavening agents
Doughs, batters, and mixes therefor.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic beverages
Nut and soy based beverages
Flavoured carbonated beverages
Juices
Waters
Preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic beverages (except beer)
Spirits and liquors
Wine
Fortified wines
Sparkling wines
Cider
Pre-mixed alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Retailing of foodstuffs and beverages
Advertising, marketing and promotional services
Public relations services
Product demonstrations and product display services
Trade show and commercial exhibition services
Loyalty, incentive and bonus program services
Provision of advertising space, time and media
Distribution of advertising, marketing and promotional material
Advertising, marketing and promotional consultancy, advisory and assistance services
Auctioneering services
Rental of vending machines
Business assistance, management and administrative services
Accountancy, book keeping and auditing
Administrative data processing
Human resources management and recruitment services
Office functions services
Business consultancy and advisory services
Office machines and equipment rental
Business analysis and information services, and market research
Marketing studies
Provision of business data.
The mark was filed in class 41 with following description of goods:
Arranging and conducting of lectures
Coaching
Conducting courses, seminars and workshops
Publishing, reporting, and writing of texts
Training, education, entertainment and sporting activities
Organisation of conferences, exhibitions and competitions
Gambling
Audio, video and multimedia production, and photography
Sports and fitness
Library services
Education and instruction
Translation and interpretation.
The mark was filed in class 43 with following description of goods:
Providing temporary accommodation
Information, advice and reservation services for the provision of food and drink
Hotels, hostels and boarding houses, holiday and tourist accommodation
Nurseries, day-care and elderly care facilities
Event facilities and temporary office and meeting facilities
Animal boarding
Rental of furniture, linens and table settings
Providing food and drink
Catering for the provision of food and beverages.
The mark was filed in class 44 with following description of goods:
Agriculture, aquaculture, horticulture and forestry services