The trademark BimboRe was filed by ALESSANDRO CALABRESE, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on August 21, 2018, and received one opposition filed on November 21, 2018 by BIMBO, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MARCH & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 21, 2018
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 November 11, 2021.
The Opposition with reference B 003069438 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 15, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Opticians' goods
Eye wear for children
Containers for contact lenses
Spectacle cases
Cases especially made for photographic apparatus and instruments
Binoculars
Bags adapted for laptops
Decorative magnets
Shoes for protection against accidents, irradiation and fire
Smart cards [integrated circuit cards]
Encoded key cards
Head protection
Protective helmets for sports
Riding helmets
Pince-nez chains
USB flash drives
Covers for smartphones
Fire blankets
Spectacle cords
Music headphones
Sleeves for laptops
Cases for smartphones
Reflective safety vests
Knee-pads for workers
Gloves for protection against accidents
Gloves for divers
Clothing for protection against fire
Clothing especially made for laboratories
Correcting lenses [optics]
Optical lenses
Optical lenses for children
Spectacle lenses
Children's lenses for spectacles
Magnets
Protective masks
Divers' masks
Computer memory devices
Mouse [computer peripheral]
Eyewear
Children's eye glasses
Spectacles [optics]
Spectacle cords
Spectacle cords
Reading glasses
Corrective eyewear
Anti-glare glasses
Sunglasses
Polarizing spectacles
Sports glasses
Snow goggles
Smartglasses
Snow goggles
Goggles
Motorcycle goggles
Scuba diving masks
Dust protection goggles
Spectacle frames made of plastic
Spectacle frames made of a combination of metal and plastics
Spectacle frames made of metal or of a combination of metal and plastic
Frames for sunglasses
Covers for glasses
Covers for sunglasses
Cases for spectacles and sunglasses
Cases for spectacles for children
Spectacle holders
Chains and cords for spectacles
Straps for sunglasses
Chains for sunglasses
Sunglass chains and chords
Parts and accessories for spectacles
Lenses for sunglasses
Side guards for eyeglasses
Spectacles [optics]
3D spectacles
Eyepieces
Smartwatches
Clocks (Time -) [time recording devices]
Teeth protectors
Mouth guards for sports
Head guards for sports
Computer programs [downloadable software]
Electronic publications, downloadable
Smartphones
Games software
Computer software, recorded
Nose clips for divers and swimmers
Tablet computers
Ear plugs for divers
Mouse pads
Cordless telephones
Covers for tablet computers
Leather cases for tablet computers
Mobile apps
Computer software
Interactive computer software
Software and applications for mobile devices.
The mark was filed in class 14 with following description of goods:
Precious metals
Alloys of precious metal
Paste jewellery [costume jewelry (Am.)]
Threads of precious metal [jewellery]
Imitation jewellery ornaments
Paste jewellery [costume jewelry (Am.)]
Jewellery for children
Precious stones
Articles of jewellery coated with precious metals
Articles of jewellery coated with precious metals
Jewellery coated with precious metal alloys
Semi-precious articles of bijouterie
Semi-precious jewellery for children
Jewellery, including imitation jewellery and plastic jewellery
Plastic costume jewellery
Jewellery made of plastics
Jewels, Jewellery and plastic jewellery for children
Amulets [jewellery, jewelry (Am.)]
Beads for making jewelry
Jewels
Jewels
Jewels
Children's jewellery
Enamelled jewellery
Cloisonné jewellery
Gold jewellery
Jewellery made of precious metals
Paste jewellery [costume jewelry (Am.)]
Paste jewellery [costume jewelry (Am.)]
Jewellery fashioned from non-precious metals
Gemstones
Jewel cases
Cases for jewellery
Wooden jewellery boxes
Jewelry boxes of precious metal
Jewelry boxes
Presentation boxes for watches
Ear ornaments in the nature of jewellery
Rings [jewellery, jewelry (Am.)]
Rings [jewellery, jewelry (Am.)]
Rings [jewellery, jewelry (Am.)]
Jewellery charms
Gold rings
Gold plated rings
Rings [jewellery, jewelry (Am.)]
Body-piercing rings
Rings coated with precious metals
Ring holders of precious metal
Rings [jewellery, jewelry (Am.)]
Rings [jewellery] made of non-precious metal
Split rings of precious metal for keys
Trinkets coated with precious metal
Charms of precious metals
Pendants of semi precious metal
Charms of common metals
Key fobs [rings] coated with precious metal
Key charms coated with precious metals
Bracelets [jewellery, jewelry (Am.)]
Bracelets [jewellery, jewelry (Am.)]
Bracelets for children (jewellery)
Bracelets
Bracelets
Gold plated bracelets
Bracelets and bangles of precious metals and their alloys or coated therewith
Precious stones bracelets
Identification bracelets [jewelry]
Jewellery rope chain for bracelets
Time instruments
Clocks for children
Caskets for clocks and jewels
Watches made of precious metals
Jewellery, clocks and watches
Buckles for watchstraps
Cuff links of precious metal
Cuff links made of gold
Cuff links made of porcelain
Cuff links made of precious metals with precious stones
Cuff links made of silver plate
Decorative cuff link covers
Cuff links made of imitation gold
Cuff links coated with precious metals
Cuff links made of precious metals with semi-precious stones
Cuff links made of precious metals with semi-precious stones
Cuff links
Cuff links and tie clips
Bracelets, rings and necklaces of leather with precious stones and bracelets, rings and necklaces of leather with precious metals
Tie pins
Pins being jewelry
Brooches [jewellery]
Pins and brooches for children (jewellery)
Statues of precious metal
Time instruments
Alarm clocks
Alarm clocks for children.
The mark was filed in class 18 with following description of goods:
Leather
Leather and imitations of leather
Leather and animal skins, hides
Leather for shoes
Leather suitcases
Trunks
Attaché cases
Gladstone bags
Trunks for personal items
Traveling trunks
Travelling trunks and travelling bags
Haversacks
Holdalls
Leather bags, suitcases and wallets
Casual bags
Bags of leather, eco-leather, imitations of leather, plastic or textile for men, women and children, including handbags, walking bags, shoulder bags, overnight bags, key purses, duffel bags, pouches, make-up bags, sold empty, travel bags, shopping bags, wheeled shopping bags, garment bags of leather for travel
Chain mesh purses, not of precious metal
Chain mesh purses (of precious metal)
Bags of precious metal
Handbags not of precious metal
Bags with wheels
Leather bags and wallets
Ladies' handbags
Handbags
Women´s handbags
Evening handbags
Travelling sets [leatherware]
Garment bags of leather for travel
Bags for jewellery of textile materials (empty)
Bags for jewellery of textile materials
Bags for sports clothing
Sport bags
Bags and hold alls for sports clothing
Beach bags
Cylinder bags
Bags of leather for packaging of goods (pouches, cases)
Purses
Purses (handbags)
Purses, not of precious metal (handbags)
Clutch purses
Felt bags
Men's bags with drawstrings
Pouches for children
Small bags for men
Gentlemen's handbags
Make-up bags, not fitted
Clutch bags (hand bags)
Travelling sets (leatherware)
Small bags
Shopping bags made of skin
Multi-purpose purses [handbags]
Multi-purpose purses
Leather purses
Multi-purpose Japanese handbags
Flexible bags for garments
Footwear bags and All-purpose athletic bags
Bumbags
Pouch baby carriers
Backpacks
Sports packs
Hiking rucksacks
Small rucksacks
Small backpacks for children
Bags for climbers
Empty beauty cases, all of the aforesaid of leather, imitation leather and/or textile
Garment bags for suits for men, shirts and dresses
Tie cases for travel
Leather credit card cases
Key cases of leather or moleskin (imitation of leather)
Credit card cases and holders
Vanity cases sold empty
Cases of leather
Travelling sets [leatherware]
Key cases made of leather
Business cards cases
Coin purses of precious metal
Purses in the form of wallets
Wrist mounted purses
Coin purses, not of precious metal
Wallets
Wallets of precious metal
Pocket wallets of leather for credit cards
Credit card cases [wallets]
Card wallets [leatherware]
Briefcases [leather goods]
Folding briefcases
Business card cases
Hat boxes of leather
Hat stands for travel
Carrying cases for documents
Pouches for make-up, keys and other personal items
Travel bags for footwear.
The mark was filed in class 25 with following description of goods:
Clothing of all kinds for men, women and children of textile or material, including skirts, trousers, shorts, jeans, shirts, blouses, sports jerseys, sweaters, T-shirts, camisoles
Clothing of all kinds for men, women and children of textile or material, including suits, tracksuits, cloaks, coats, jackets, topcoats
Clothing of all kinds for men, women and children of textile or material, including vests, heavy jackets, jackets (clothing), windcheaters, waterproof clothing, parkas, stockings, tights, socks, leotards
Clothing of all kinds for men, women and children of textile or material, including shawls, scarves, headscarves, gloves, ties, underwear, nightdresses, pyjamas, baby doll pyjamas, dressing gowns and swimming costumes
Clothing, footwear and headgear for babies and infants
Footwear
Footwear for men and women
Infants' footwear
Infants' footwear
Footwear and boots for small children
Footwear for men, women and children of textile, leather, imitation leather and other materials of all kinds, including sandals, bath sandals, bath slippers, boots, riding boots, winter boots, rain boots, heavy-duty boots and booties, ski boots, snowboard boots, climbing boots
Footwear for men, women and children of textile, leather, imitation leather and other materials of all kinds, including moccasins and slippers, mules, boots for sports, non-slip shoes for boats, esparto shoes or sandals, dancing shoes
Footwear for men, women and children of textile, leather, imitation leather and other materials of all kinds, including work shoes, mountaineering shoes, dress shoes, leisure footwear
Riding shoes
Driving shoes
Ballroom dancing shoes
Dancing slippers
Pumps [footwear]
Japanese split-toed work footwear
Japanese footwear of rice straw
Footwear for sporting activities
Footwear for track and field athletics
Training shoes
Tennis shoes
Gymnastic shoes
Gym shoes (sneakers)
Volleyball shoes
Golf footwear
Running shoes
Rugby boots
Football boots
Hockey shoes
Boxing shoes
Bicycle shoes
Handball shoes
Bowling shoes
Basketball sneakers
Baseball shoes
Anglers' shoes
Wooden shoes
Footwear not for sports
Wooden shoes
Shoe straps
Tips (parts for footwear)
Welts for footwear
Fittings of metal for footwear
Fittings of metal for footwear and boots
Non-slipping devices for footwear
Insoles for footwear
Spikes for golf shoes
Cleats for attachment to sports shoes
Studs for football boots
Tips for footwear
Goloshes
Tongues or flaps for shoes or boots
Shoes soles for repair
Shoe soles
Espadrilles
Protective metal members for shoes and boots
Boot uppers
Goloshes
Hats
Woolly hats
Party hats
Rain hats
Bucket caps
Hats with pompoms
Skiing hats
Hats for babies, infants and children
Top hats
Headgear
Visors [headwear]
Sun visors
Cap peaks
Berets
Knot caps
Nightcaps
Knitted caps
Caps with visors
Golf caps
Waist belts
Leather belts [clothing]
Belts made from imitation leather
Leather belts [clothing]
Belts made out of cloth
Belts of imitation leather
Metal fittings for Japanese style wooden clogs.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Toys, games, playthings and novelties
Infant development toys
Games
Toys
Wooden toys
Toy clocks and watches
Children's playthings
Wooden toy building blocks
Toy cars
Toy vehicle tracks
Cases for toy vehicles
Play mats for use with toy vehicles
Toy aeroplanes
Toy bicycles
Toy figurines
Toy vehicles
Toy lorries
Toy model hobbycraft kits
Radio-controlled toys
Toy racing sets
Toy rockets
Toy gliders
Toy tools
Toy animals
Inflatable toys in the form of boats
Toy action figurines
Radio-controlled toy robots
Remote controlled toys in the form of vehicles
Spinning discs incorporating string which rewinds and returns the disc to the hand when thrown
Toys for dogs
Toy printing sets
Toy figure playsets
Collectable toy figures
Plastic character toys
Battery operated remote controlled toy vehicles
Electronically operated toy motor vehicles
Toy computers [not working]
Toy environments for use with action figures
Toy vehicles with transforming parts
Toys presented in an advent calendar
Children's ride-on toy vehicles
Toy figures capable of transforming into various shapes
Dolls
Mascot dolls
Doll playsets
Electronic games
Hand-held units for playing electronic games
Games (Apparatus for -)
Gymnastic and sporting articles
Toy weapons
Card games
Puzzles
Snow globes
Plush toys
Plush toys with attached comfort blanket
Theme park rides
Amusement park rides
Balls for games
Balls for games
Balls being sporting articles.
The mark was filed in class 38 with following description of goods:
Telecommunications
Telematics services
Telematic services provided via newsletter
Transmission of electronic mail
Transmission of electronic mail
Telecommunications by e-mail
Data transmission by electronic mail
E-mail data services
Data communication by electronic mail
Electronic transmission of mail and messages
Electronic transmission of mail and messages
E-mail forwarding services
Data transmission by electronic mail
Electronic mail and messaging services
Rental of electronic mail-boxes
Electronic mail and facsimile transmission services
Communication by electronic mail systems
Electronic mail and mailbox services
Providing e-mail fax services
Secure e-mail services
Transmission of electronic mail [e-mail data services]
Collection and delivery of messages by electronic mail
Providing an electronic mailbox
Electronic mail services for data and voice
Internet service provider services
Internet telephony services
Providing chat lines utilising the internet
Provision of internet access services
Internet based telecommunication services
Internet services providers (isps)
Transmission of data via the Internet
Provision of internet access services
Provision of access to the internet for others
Internet radio broadcasting services
Streaming of television over the Internet
Transmission of multimedia content via the Internet
Wireless transfer of data via the Internet
Digital transmission of data via the Internet
Providing user access to the internet (services providers)
Providing Internet chatrooms and Internet forums
Communications via a global computer network or the internet
Broadcasting of audiovisual and multimedia content via the Internet
Providing access to mp3 web sites on the internet
Web messaging
Providing multiple user dial-up and dedicated access to the internet
Providing access to information on the Internet
Providing access to platforms on the Internet
Providing access to portals on the Internet
Live transmissions accessible via home pages on the internet [webcam]
Providing access to mp3 web sites on the internet
Providing access to an Internet discussion website
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Telecommunications services provided via the Internet, intranet and extranet
Transferring information and data via computer networks and the Internet
Transfer of information and data via online services and the Internet
Provision of telecommunications access to databases and the internet
Internet connection services for residential consumers and for commercial entities
Electrical data transmission over a global remote data processing network, including the internet
Providing access to platforms and portals on the Internet
Providing user access to portals on the Internet
Providing user access to platforms on the Internet
Providing access to e-commerce platforms on the Internet
Transferring and disseminating information and data via computer networks and the Internet
Provision of access to Internet platforms for the purpose of exchanging digital photographs
Providing access to the Internet and other communications networks
Transmission of messages, data and content via the Internet and other communications networks
Telecommunication services provided via platforms and portals on the Internet and other media
Audio, video and multimedia broadcasting via the Internet and other communications networks
Provision of access to an Internet portal featuring video-on-demand programs
Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet.