The trademark DIESEL BLACK GOLD was filed by DIESEL S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 9, 2008, and received one opposition filed on June 8, 2008 by MONTEX HOLDINGS LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by FRKELLY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 8, 2008
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on February 29, 2012.
Goods And Services
The mark was filed in class 3 with following description of goods:
The mark was filed in class 9 with Spectacles, containers and eyeglass chains, optical frams, lenses and headphones, electronic products including telephones, mobile phones, MP3 and CD/DVD players and cases therefor, televisions, screens and monitors, radios, stereos, amusement apparatus adapted for use with television receivers only, electronic games namely portable games systems for use with televisions and self-contained portable video games for use with televisions, video cameras, cameras, electronic diaries..
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes
Jewellery, precious stones
Horological and chronometric instruments.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 25 with Articles of clothing, footwear and headgear.