The trademark SURGY was filed by FABRIZIO FIGHERA, a national of the Italian Republic (the "Applicant") and LUCA FIGHERA, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 10, 2020, and received one opposition filed on August 2, 2020 by SURGITAL S.p.A. on Likelihood of confusion.
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 10, 2020.
The Opposition with reference B 003127277 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services in relation to cloths impregnated with a detergent for cleaning
Wholesale services in relation to cloths impregnated with a detergent for cleaning
Online retail services in relation to cloths impregnated with a detergent for cleaning
Retail services in relation to impregnated tissues for cleaning [non-medicated, for use on the person]
Wholesale services in relation to impregnated tissues for cleaning [non-medicated, for use on the person]
Online retail services in relation to impregnated tissues for cleaning [non-medicated, for use on the person]
Retail services in relation to dishwashing detergents
Wholesale services in relation to dishwashing detergents
Online retail services in relation to dishwashing detergents
Retail services in relation to dishwashing liquid
Wholesale services in relation to dishwashing liquid
Online retail services in relation to dishwashing liquid
Retail services in relation to washing-up detergent
Wholesale services in relation to washing-up detergent
Online retail services in relation to washing-up detergent
Retail services in relation to disposable tableware [cutlery] made of plastics
Wholesale services in relation to disposable tableware [cutlery] made of plastics
Online retail services in relation to disposable tableware [cutlery] made of plastics
Retail services in relation to tablecloths of paper
Wholesale services in relation to tablecloths of paper
Online retail services in relation to tablecloths of paper
Retail services in relation to napkin paper
Wholesale services in relation to napkin paper
Online retail services in relation to napkin paper
Retail services in relation to table napkins of paper
Wholesale services in relation to table napkins of paper
Online retail services in relation to table napkins of paper
Retail services in relation to place mats of paper
Wholesale services in relation to place mats of paper
Online retail services in relation to place mats of paper
Retail services in relation to disposable table plates
Wholesale services in relation to disposable table plates
Online retail services in relation to disposable table plates
Retail services in relation to cups made of plastics
Wholesale services in relation to cups made of plastics
Online retail services in relation to cups made of plastics
Retail services in relation to cups of paper or plastic
Wholesale services in relation to cups of paper or plastic
Online retail services in relation to cups of paper or plastic
Retail services in relation to dishes
Wholesale services in relation to dishes
Online retail services in relation to dishes
Retail services in relation to disposable paperboard bakeware
Wholesale services in relation to disposable paperboard bakeware
Online retail services in relation to disposable paperboard bakeware
Retail services, in relation to the following goods: Disposable aluminium foil containers for household purposes
Wholesaling of disposable aluminium foil containers for household purposes
Online retailing, in relation to the following goods: Disposable aluminium foil containers for household purposes
Retail services in relation to disposable lids for household containers
Wholesale services in relation to disposable lids for household containers
Online retail services in relation to disposable lids for household containers
Retail services in relation to kitchen and table linens
Wholesale services in relation to kitchen and table linens
Online retail services in relation to kitchen and table linens
Retail services in relation to table covers of plastic
Wholesale services in relation to table covers of plastic
Online retail services in relation to table covers of plastic
Retail services in relation to table napkins of textile
Wholesale services in relation to table napkins of textile
Online retail services in relation to table napkins of textile
Retail services in relation to disposable tablecloths of textile
Wholesale services in relation to disposable tablecloths of textile
Online retail services in relation to disposable tablecloths of textile.