The trademark PIZZA BOSS was filed by Wisam Al-samaan, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 14, 2023, and received one opposition filed on November 12, 2023 by HUGO BOSS AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DENNEMEYER & ASSOCIATES and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 12, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003206859 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 3, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Cardboard pizza boxes
Printed matter
Printed matter, and stationery and educational supplies
Flyers
Educational equipment
Menu cards
Printed menus
Paper take-out cartons for food
Packing cardboard.
The mark was filed in class 30 with following description of goods:
Fresh pizza
Pizzas
Pasta dishes
Pasta sauce
Dressings for salad
Sandwiches containing salad.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Beer and non-alcoholic beer
Juices
Waters
Flavoured carbonated beverages
Non-alcoholic sparkling fruit juice drinks
Cola
Colas [soft drinks]
Soft drinks
Low-calorie soft drinks
Concentrates for use in the preparation of soft drinks.
The mark was filed in class 35 with following description of goods:
Online ordering services in the field of restaurant take-out and delivery
Online ordering services
Advertising
Online advertisements.
The mark was filed in class 39 with following description of goods:
Delivery of food and drink prepared for consumption
Food delivery services
Distribution services
Delivery of food by restaurants
Packing of food.
The mark was filed in class 42 with Design of restaurants and Planning [design] of restaurants..
The mark was filed in class 43 with following description of goods:
Restaurant services
Take-away restaurant services
Booking of restaurant seats
Pizza parlors
Food preparation services
Services for the preparation of food and drink
Supplying of meals for immediate consumption
Providing food and drink in bistros
Serving food and drink for guests
Providing food and drink for guests
Providing food and drink catering services for exhibition facilities