The trademark PEONY was filed by PEONY SWIMWEAR, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on June 28, 2023, and received one opposition filed on September 27, 2023 by Perry Ellis International Europe Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 18 with following description of goods:
Handbags
Garment bags for travel
Bags
Clutches [purses]
Travelling bags
Cross-body bags
Beach bags
Bags, namely Carrier bags
Purses
Rucksacks
Umbrellas
Pocket wallets.
The mark was filed in class 25 with following description of goods:
Clothing, Being clothing, Footwear, Headgear
Bathing suits
Clothing made from imitations of leather
Articles of clothing of leather
Beach wear
Beach clothes
Clothing for surfing
Ladies' clothing.
The mark was filed in class 35 with following description of goods:
Online retail services in relation to: Clothing
Online retail services in relation to: Bags, carry all bags, Garment bags for travel, Back packs, Umbrellas, purses wallets
Retailing relating to the following goods: Clothing
Retailing relating to the following goods: Panniers, carry all bags, Garment bags for travel, Back packs, Umbrellas, purses wallets