The trademark SURGE was filed by Zarif Amiri, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on August 8, 2023, and received one opposition filed on October 4, 2023 by TOPA, Karol on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BBS INTELLECTUAL PROPERTY SOLUTIONS RH SAWICKI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003204452 was refused according to Article 8(1)(b) EUTMR with decision issued on October 23, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 18 with following description of goods:
All-purpose athletic bags
All-purpose carrying bags
Bags
Bags for sports
Bags for sports clothing
Belt bags and hip bags
Bumbags
Cross-body bags
Duffel bags
Drawstring bags
Drawstring pouches
Gym bags
Rucksacks
Shoe bags
Sling bags
Shoulder bags
Sports packs.
The mark was filed in class 25 with following description of goods:
Boots for sports
Boxing shoes
Gym boots
Gymnastic shoes
Balaclavas
Bandanas [neckerchiefs]
Face coverings [clothing], not for medical or sanitary purposes
Headbands [clothing]
Headgear
Sports caps
Sports caps and hats
Sports headgear [other than helmets]
Athletic uniforms
Athletics vests
Athletic tights
Ankle socks
Boxing shorts
Clothing for gymnastics
Clothing for martial arts
Combative sports uniforms
Crop tops
Gym shorts
Gym suits
Gloves [clothing]
Printed t-shirts
Shoulder wraps [clothing]
Sports pants
Sweat shorts
Sweat shirts
Tracksuit bottoms
Martial arts uniforms
Shorts
Socks
Sport shirts
Sports shirts
Sports shirts with short sleeves
Sports jerseys
Clothing for sports
Sports clothing
Sports garments
Clothes for sport
Clothes for sports
Gloves
Fingerless gloves
Camouflage gloves
Gloves as clothing
Shoulder wraps for clothing
Wraps [clothing]
Shoulder straps for clothing
Sports shoes
Waist belts
Wrist bands
Shoulder wraps.
The mark was filed in class 28 with following description of goods:
Martial arts training equipment
Weight lifting gloves
Sparring gloves
Abdomen protectors for athletic use
Abdominal wheel rollers for fitness purposes
Ankle and wrist weights for exercise
Apparatus for achieving physical fitness [for non-medical use]
Arm pads adapted for use in sporting activities
Arm guards for sports use
Bar-bells
Barbell bars
Barbell collars
Barbells for weight lifting
Benches for sporting use
Beams [gymnastic apparatus]
Benches for gymnastic use
Body-building apparatus [exercise]
Body-building apparatus
Body toner apparatus [exercise]
Body training apparatus [exercise]
Body protectors for sports use
Boxing rings
Boxing gloves
Chest expanders [exercisers]
Chest protectors for sports use
Dumb-bells
Dumb-bells [for weight lifting]
Dumbbell shafts for weight lifting
Doorway pull-up bars
Elbow guards [sports articles]
Elliptical trainers
Exercise balls
Exercise bands
Exercise bars
Exercise benches
Exercise hand grippers
Exercise platforms
Exercise pulleys
Exercise trampolines
Exercise treadmills
Exercise weights
Focus pads for boxing
Focus pads for martial arts
Gym balls
Gym balls for yoga
Gym chalk for improving hand grip in sports activities
Gymnastic and sporting articles
Gymnastic training stools
Hammers for sports
Hand grip strengthener rings
Hand paddles
Hand pads for sports use
Hand protectors adapted for sporting use
Hand wraps for sports use
Harnesses for use in sports
Inflatable punching bags
Instep guards for athletic use
Karate kick pads
Karate gloves
Karate shin pads
Karate target pads
Knee guards [sports articles]
Leg guards for athletic use
Leg guards adapted for playing sport
Leg weights [sports articles]
Leg weights for exercising
Lifting grips for weight lifting
Machines for physical exercises
Manually operated exercise equipment
Manually operated rings for lower and upper body resistance exercise