The trademark FUNCOO was filed by AFFOO INDUSTRIAL (NINGBO) CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on April 12, 2023, and received one opposition filed on July 12, 2023 by FULCO, S.A. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 12, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 1, 2024.
The Opposition with reference B 003199338 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Bags for cameras and photographic equipment
Glasses, sunglasses and contact lenses
Frames for eyeglasses
Mobile phone straps
Protective cases for tablet computers
Portable media players
Gauges
Spectacle chains
Decorative refrigerator magnets
Liquid crystal displays
Bags for cameras
Luminous signs
Ski glasses
Weighing scales
Surveying apparatus and instruments
Bags adapted for carrying photographic apparatus.
The mark was filed in class 18 with following description of goods:
Bags
Pocket wallets
Backpacks
Handbags
Travelling bags
Trunks [luggage]
Vanity cases, not fitted
Umbrellas
Leather leashes
Collars for animals.
The mark was filed in class 24 with following description of goods:
Towels of textile
Bed covers
Bedspreads
Bed blankets
Household linen
Sleeping bags
Place mats of textile
Wall hangings of textile
Table napkins of textile
Table linen, not of paper.
The mark was filed in class 25 with following description of goods:
Clothing
Layettes [clothing]
Bathing suits
Waterproof clothing
Girdles
Footwear
Hats
Hosiery
Gloves [clothing]
Scarves.
The mark was filed in class 35 with following description of goods:
Presentation of goods on communication media, for retail purposes
Distribution of samples
Shop window dressing
Providing business information via a web site
Provision of an online marketplace for buyers and sellers of goods and services
Sales promotion for others
Import-export agency services
Sponsorship search
Advertising
Providing commercial information and advice for consumers in the choice of products and services
Updating and maintenance of data in computer databases
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies.