The trademark BEECH Resorts was filed by Fleesensee Hotelbetriebsgesellschaft m.b.H., a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 22, 2023, and received one opposition filed on January 17, 2024 by Sandals Resorts International 2000 Inc on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DECHERT LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Services and consultancy in the field of advertising and sales promotion
Advertising
Business management
Organisational business administration, namely management of holiday villages, holiday homes, holiday houses and hotels, and telephone information and consultancy in connection therewith, in particular via call centres
Business administration
Office functions
Distribution of prospectuses and samples
Business consultancy, information and inquiries
Accounting
Placement of staff
File management (computerized-)
Organization of exhibitions for commercial or advertising purposes
Retail and wholesale services in relation to: Cosmetics, Cosmetics, paper goods, Printed matter, Office requisite, Breakfast boards, Bread bins, insulating flasks, Receptacles for household purposes, Saddlery, Bag makers' goods, Clothing, Footwear, Fashion accessories, sporting articles andequipment, Toys, Foodstuffs, drinks, Table linen, Bake ware, Baking utensils, Cooking utensils, Glassware and porcelain, Cutlery.
The mark was filed in class 36 with following description of goods:
Rental of real estate
Property management
Real estate management
Real estate agencies and leasing of real estate
Real estate affairs
Real estate appraisal
Renting of apartments and houses
Financing services
Financial advice and consultancy services
Building, namely the financial preparation of building projects
Real estate consultancy
Real estate appraisal
Real estate financing
Real estate services
Real estate investment
Real estate lending services
Planning (estate -) [financial]
Financing of property loans
Property portfolio management
Real estate investment and management services
Provision of finance for real estate development
Financing of real estate development projects
Financial management of real estate projects
Rental of real estate
Investment advisory services relating to real estate
Arranging of shared ownership of real estate
Agency services for the leasing of real estate property
Real estate equity sharing
Time share management services
Real estate investment planning
Consultancy in the purchasing of real estate
Real estate investment and leasing.
The mark was filed in class 39 with following description of goods:
Organizing and arranging travel
Escorting of travellers
Arranging of holidays
Transport of persons and goods by motorised vehicles
Car rental
Ship chartering
Chauffeur services
Ambulance transport
Taxi transport
Vehicle rental
Car parking
Information on transport and travel
Horse rental
Transport of passengers by boat
Marina services
Rental of ships
Ship chartering
Ship chartering
Provision of berthing facilities
Rental of watercraft, yachts, ships, boats, sailing boats and water vehicles
Port services
Refloating of ships
Ship and boat storage
Boat and ship storage
Parking of ships and boats
Towing of vessels
Provision of berthing facilities
Parking and storage of vehicles
Mooring
Salvage of ships and boats
Arranging of cruises
Rental of navigational systems.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
School holiday childcare
Sporting and cultural activities
Resorts, namely leisure or sports resorts
Providing sports facilities
Providing golf facilities
Sailing club services
Tennis facilities
Rental of tennis courts
Fitness studios
Health club services [health and fitness training]
Golf centres
Training in golf
Tennis coaching
Exercise [fitness] training services
Sailing training
Surfing training
Rental of sports equipment, included in class 41
Provision of club entertainment services
Discotheque services
Conducting games of chance
Recreation, amusement, leisure and family parks and centres, and fairground and amusement rides
Operation and rental of leisure, culture, sporting and entertainment equipment and installations, included in class 41
Arranging and conducting of meetings, exhibitions, congresses, seminars, lectures, conferences and events for cultural, entertainment or sporting purposes
Seat and ticket reservations
Providing cinema facilities
Rental of stage, theatre and room decorations and audio and video apparatus, and lighting and conference technology for meetings, exhibitions, congresses, seminars, courses, conferences and events for cultural, entertainment and/or sporting purposes
Providing of information concerning sporting activities and competitions and information concerning leisure activities and cultural or entertainment events
Providing on-line electronic publications, not downloadable
Games on the Internet
Publication of printed matter in electronic form, except for advertising purposes
Publication of periodicals and books in electronic form
Videotape production
Organization of entertainment events
Swimming facilities.
The mark was filed in class 43 with following description of goods:
Providing of food and drink and temporary accommodation
Hotels
Hotel reservations
Holiday resorts
Tourist homes
Rental of temporary accommodation
Arranging of accommodation for holiday makers
Arranging of accommodation for holiday makers
Arranging of accommodation for holiday makers
Bar services
Party services (catering)
Rental of meeting rooms
Campground facilities (Providing-)
Rental of transportable buildings
Rental of tents
Providing campground facilities
Rental and providing of barbecue areas
Retirement home services
Child care services
Day-nursery [crèche] services
Day-nursery [crèche] services
Renting of tables, chairs, table linen, glassware
Hire of bed linen
Boarding for animals
Hotels
Motels
Providing temporary accommodation
Temporary accommodation
Reservation services for hotel accommodation and other accommodation
Holiday information in connection with the planning of accommodation
Night clubs and night club services
Restaurant, cafe and snack bar services
Catering for the provision of food and drink
Provision of conference, meeting and exhibition facilities
Reception services provided by a hotel reception for the arrival and departure of guests
Restaurants, cafés, bar services and snack-bars
Resorts, namely tourist hotel facilities.
The mark was filed in class 44 with following description of goods:
Services in the field of medical care, in particular sports medicine, fitness tests
Health tests and alternative medical treatments
Hygienic and beauty care for human beings, in particular massage, lymph drainage, gymnastics, compresses, packs, affusions and baths
Magnetic field therapy, aromatherapy and electrotherapy