The trademark Zapara was filed by Tomáš Choc, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on August 14, 2023, and received one opposition filed on September 13, 2023 by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2023
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003203370 was refused according to Article 8(1)(b) EUTMR with decision issued on December 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Game plans
Manuals [handbooks]
Magazines [periodicals]
Magazines [periodicals]
Pamphlets
Magazines [periodicals]
Date indicators
Catalogues
Books
Newsletters
Song books
Albums
Comics
Paper sheets [stationery]
Printed matter
Placards of paper or cardboard
Geographical maps
Atlases
Paintings
Almanacs
Trade journals
Wrapping paper
Waxed paper
Filter paper
Printed matter
Bookbinding material
Posters
Tablemats of paper
Tissues
Bottle envelopes of paper or cardboard
Wood pulp board [stationery]
Albums
Musical greeting cards
Diagrams
Photographs [printed]
Photograph stands
Graphic reproductions
Etchings
Printed tickets
Lithographs
Oleographs
Paintings [pictures], framed or unframed
Flyers
Portraits
Leaflets
Engravings
Writing materials
Printing type
Printing blocks
Covers [stationery]
Postage stamps
Adhesive labels
Pads [stationery]
Writing paper
Labels of paper
Forms, printed
Cards
Paper tapes and cards for the recordal of computer programmes
Envelopes [stationery]
Postage stamps
Paper creasers [office requisites]
Paper stationery
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Pen cases
Cases for stamps [seals]
Drawing pins
Stamps [seals]
Indexes
Paperweights
Tickets
Ledgers [books]
Note books
Cardboard boxes
Transfers [decalcomanias]
Cigar bands
Blotters
Banners of paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Towels of paper
Signboards of paper or cardboard
Advertisement boards of paper or cardboard
Teaching materials [except apparatus].
The mark was filed in class 28 with following description of goods:
Table-top games
Parlour games
Playing cards
Chess games
Jigsaw puzzles
Backgammon games
Dice
Games of dominoes
Racing board games
Chessboards
Counters [discs] for games
Counters [discs] for games
Ball
Marbles and other accessories for games
Toys, notably Children's playthings
Hand puppets
Puppets
Puppet theatres
Wheeled toys
Scale model vehicles
Balls for games
Soap bubbles
Dolls
Dolls' houses
Dolls' clothes
Dolls’ rooms
Dolls’ beds
Dolls' feeding bottles
Kites
Swings
Plush toys
Mobiles [toys]
Rattles [playthings]
Spinning tops
Spinning tops (toys)
Scooters [toys]
Rocking horses
Construction toys and Toy construction blocks
Balls for games, play balloons
Toy pistols
Toys for pets
Games (automatic- ) other than those adapted for use with television receivers only
Apparatus for electronic games other than those adapted for use with television receivers only
Potters' wheels for children
Puppets
Entertainment machines
Carnival and theatrical masks
Kaleidoscopes
Practical jokes [novelties]
Joke articles
Confetti
Conjuring apparatus
Sports articles and equipment, namely gloves for baseball, fencing, golf, boxing and other sports
Skis
Waterskis
Sole coverings for skis
Snowboards
Skateboards
Surfboards and sailboards
Roller, in-line and ice
Bob-sleighs
Sleighs [vehicles]
Exercise weights
Disc
Golf clubs
Appliances for gymnastics
Hockey sticks
Rackets and bats for games
Twirling batons
Protective paddings and Protective paddings [parts of sports suits]
Pool cues
Skittles
Archery implements
Paint balls and paint guns
Flippers for swimming
Quoits
Racquets for games and gut therefor
Tables for table tennis and indoor football
Darts
Toy flying saucers
Tennis nets and nets for similar sports
Targets
Billiard balls
Climbers' harness
Butterfly nets
Fishing tackle
Christmas trees of synthetic material
Ornaments and stands for Christmas trees, except illumination articles and confectionery
Wooden toys
Marble runs
Wooden rocking horses and animals
Chests for playthings
Exercise aids including wall bars and sports benches.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Sporting and cultural activities
Education, entertainment and sport services
Arranging of games
Organising and arranging educational events
Operation of sports facilities
Online game services
Arranging competitions and tournaments relating to car racing
Physical education
Rental and providing of sports facilities, namely golf courses, stadium facilities, tennis courts and swimming pools
Gymnastic instruction
Rental of sports equipment, except vehicles
Training and educational activities, All the aforesaid included in this class
Arranging festivals
Production of music, included in this class
Providing recreation facilities
Information on and providing of opportunities for recreational activities, events and entertainment
Management of tourist destinations
Organization of exhibitions for cultural or educational purposes
Presentation of live shows and performances
Conducting theatre presentations
Managing cinemas
Music-halls
Running of museums
Lending libraries
Discotheque services
Arranging and conducting of colloquiums, conferences, congresses, seminars, symposiums
Education information
Teaching
Practical training demonstrations
Instruction services
Examination
Educational examinations
Correspondence courses
Correspondence courses
Boarding school education
Holiday camp services [entertainment]
Religious education
Vocational guidance (education and career guidance)
Training and educational activities, All the aforesaid included in this class
Exhibition and gallery services, included in this class
Providing casino services
Nightclub services [entertainment]
Karaoke services
Club services [entertainment or education]
Health clubs
Presentation of circus performances
Animal training
Zoological garden services
Rental of motion pictures
Artist management services, Fashion agencies
Organization of shows [impresario services]
Organization of lotteries
Organization of balls
Planning and conducting of parties [entertainment]
Booking of seats for shows
Production of cinematographic films
Movie studio services
Dubbing
Digital imaging services
Recording studio services
Production of radio and television programmes
News reporters services
Photographic reporting
Photography
Rental of theatre scenery
Rental of radio and television sets
Rental of video cameras
Publication of books
Electronic publishing services
Providing online electronic publications, not downloadable
Online publication of electronic books and journals
Sign language interpretation
Translation and interpretation
Arranging, conducting and organisation of workshops.