The trademark NEXT VICTORY was filed by Maartje Anne Elisabeth van Lieshout h.o.d.n. NextVictory, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 14, 2023, and received one opposition filed on February 11, 2024 by Next Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 11, 2024
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Hats
All the aforesaid goods, including the following products: All the aforesaid goods being for sports and Accessories, namely Cuffs, Sweatbands, Scarves, ties, Bandanas [neckerchiefs], Gloves, mittens, Socks, stockings, Shirts, Strap, Belts [clothing].
The mark was filed in class 35 with following description of goods:
Commercial intermediation services
Purchasing services
Wholesaling and retailing in relation to the following goods:: Clothing, Footwear, Headgear, including the following goods: The above-mentioned products for the practice of sport and accessories, ie wrist bands, hair bands, sweat bands, Scarves, ties, Bandanas, Gloves, Mittens, Ankle socks, Stockings, Shirts, Belts
Import and export services
Online ordering services
Provision of commercial information
Promotion services
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
Providing the aforesaid services, including via electronic networks, such as the Internet.