The trademark MONOTYPE was filed by MOALTO S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on November 30, 2008, and received one opposition filed on March 2, 2009 by null 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 GALLAFENTS LTD. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 2, 2009
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
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
Horological and chronometric instruments, watch straps, watch bands, wall clocks, boxes and cases for clock and watch-making
Ornaments included in this class
Boxes and cases for jewellery and clocks.
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
Bags of leather, eco-leather, imitation leather, plastic or textile, including bags, handbags, shoulder bags, overnight bags, key cases, chain mail purses, not of precious metal, holdalls, gentlemen's handbags, make-up bags, travelling bags, shopping bags, wheeled shopping bags, travelling sets (leatherware), vanity cases (not fitted)
Bags for footwear and multi-purpose sports bags, waistpacks, rucksacks, vanity cases, all of leather, imitation leather and/or textile
Garment bags for travel of leather and eco-leather, key cases, key cases of leather
Purses, briefcases, pocket wallets, card cases (notecases), business card holders, pocket wallets and accessories, all of leather, imitation leather, eco-leather and/or textile, not included in other classes
Hat boxes of leather, cases of leather or leatherboard
Leather lining for boots and shoes
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 25 with following description of goods:
Clothing for men, women and children of any kind of textile or material, including skirts, trousers, shorts, jeans, shirts, blouses, jerseys, sweaters, tee-shirts, vests, suits, tracksuits, coats, overcoats, coats, bomber jackets, jackets, wind-resistant jackets, waterproof clothing, parkas, stockings, tights, socks, tights, shawls, sashes for wear, scarves, gloves, ties, underwear, babydolls, nightshirts, pyjamas, bath robes and bathing costumes
Footwear for men, women and children of textile, leather, imitation leather or any other material, including sandals, bath sandals, bath slippers, boots and booties, moccasins and slippers, slippers, gymnastic shoes, beach shoes, sports shoes, dance shoes, leisure footwear, overshoes, soles for footwear
Parts of footwear, components for footwear, not included in other classes
Hats and berets, caps, sun visors
Belts
Clothing accessories of leather and imitation leather included in this class.