The trademark CBAY was filed by Riviera CBAY, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 9, 2023, and received one opposition filed on August 9, 2023 by eBay Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 9, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services relating to sporting goods
Retail services in relation to sporting equipment
Retail services in relation to toys
Retail services in relation to diving equipment
Retail services in relation to hand-operated tools for construction
Retail services in relation to furniture
Retail services in relation to watercraft
Wholesale services relating to sporting goods
Wholesale services in relation to sporting equipment
Wholesale services in relation to toys
Wholesale services in relation to hand-operated tools for construction
Wholesale services in relation to furniture
Wholesale services in relation to watercraft
Advertising, marketing and promotion services
Presentation of goods on communication media, for retail purposes
Retail services in relation to audio-visual equipment
Wholesale services in relation to audio-visual equipment
Provision of an online marketplace for buyers and sellers of goods and services.
The mark was filed in class 37 with Cleaning services.
The mark was filed in class 39 with following description of goods:
Transportation logistics
Rental services related to transportation and storage
Transport information, advice and reservation services
Consultancy services relating to storage
Storage services.
The mark was filed in class 40 with following description of goods:
Recycling
Recycling services
Upcycling [waste recycling].
The mark was filed in class 45 with following description of goods:
Security guard services
Security services for the protection of property and individuals