The trademark SPAR EXPRESS was filed by SPAR International B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 5, 2023, and received one opposition filed on February 5, 2024 by EDEKA ZENTRALE Handel und Produktion GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 5, 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 35 with following description of goods:
Retail services of supermarkets and hypermarkets, also online and via internet, in respect of food and beverages, alcoholic drinks, household utensils, chemists' articles being pharmaceuticals, cosmetics and cleaning products, antibacterial and sanitary products for personal protection
Retail services of supermarkets and hypermarket, also online and via internet, in respect of horticultural articles, DIY (do it yourself) articles including tools, furniture and home decoration articles, domestic electronic equipment, audio and video apparatus, cameras, telecommunication apparatus, computers
Retail services of supermarkets and hypermarkets, also online and via internet, in respect of toys, sporting articles, clothing, headgear and footwear, vehicles including bicycles and stationery
Retail services and wholesale service, also online and via internet, in respect of in respect of food and beverages, alcoholic drinks, household utensils, chemists' articles being pharmaceuticals, cosmetics and cleaning products, antibacterial and sanitary products for personal protection
Retail services and wholesale services, also online and via internet, in respect of horticultural articles, DIY (do it yourself) articles including tools, furniture and home decoration articles, domestic electronic equipment, audio and video apparatus, cameras, telecommunication apparatus, computers
Retail services and wholesale services, also online and via internet in respect of toys, sporting articles, clothing, headgear and footwear, vehicles including bicycles and stationery