The trademark GLORIA was filed by Ilse Kubaschewski Stiftung, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 1, 2013, and received eight oppositions.
Opposition Proceedings
There are eight oppositions were filed:
The first opposition filed on December 30, 2013 by Sanoma Magazines Finland Oy on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HEINONEN & CO and its proceedings were handled in English
The second opposition filed on December 30, 2013 by AURORA MÜHLE HAMBURG GmbH on Likelihood of confusion. the opponent was represented by HAUCK PATENTANWALTSPARTNERSCHAFT MBB and its proceedings were handled in German
The third opposition filed on December 27, 2013 by GLORIA S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BAKER & MCKENZIE and its proceedings were handled in English
The fourth opposition filed on December 24, 2013 by GLORIA MED S.P.A. on Likelihood of confusion. the opponent was represented by BARZANO' & ZANARDO MILANO S.P.A. and its proceedings were handled in English
The fifth opposition filed on December 20, 2013 by SANTAMARÍA LOPEZ, S.L. on Likelihood of confusion. the opponent was represented by P.E. ENTERPRISE, S.L. and its proceedings were handled in English
The sixth opposition filed on December 18, 2013 by Triaud, Françoise on Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and its proceedings were handled in English
The seventh opposition filed on December 17, 2013 by Société des Produits Nestlé S.A. on Likelihood of confusion. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in English
The eighth opposition filed on December 17, 2013 by FREIXENET, S.A. on Likelihood of confusion. the opponent was represented by DURÁN - CORRETJER, S.L.P. and its proceedings were handled in English
The application was filed in German, and German 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 April 15, 2020. Change of name and professional address of the trademark registration was recorded on April 27, 2020.
The Appeal with reference B R0651/2017-5 was Opposition partially rejected according to Article 8(1)(a) EUTMR with decision issued on July 11, 2017 by the EUIPO. The Opposition with reference B 002295361 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on January 31, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, supervision and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Mechanisms for coin-operated apparatus
Cash registers, calculating machines and data processing equipment and computers
Communication and telecommunication apparatus
Audiovisual, telecommunications, data transmission, television apparatus and instruments, remote controls
Film cameras, Projectors (projection apparatus), Cabinets for loudspeakers, Access devices and access control devices for data processing apparatus: Authentication apparatus for use in telecommunications networks
Memory and microprocessor cards, apparatus for simultaneous programming and selection of television, video and cinema channels
Electronic television, cinema and radio programme guides.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious materials or coated therewith, not included in other classes
Jewellery, precious stones
Horological and chronometric instruments
Key rings, Costume jewellery, Cuff links, Tie pins, Tie clips, Cases and containers for the aforesaid goods.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Photographs
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging, included in Class 16
Stickers, Moulded sound and image carrier cases
Writing implements, ball-point pens and fountain pens
Pencil cases.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leathers, and goods made of these materials, (not included in other classes)
Animal skins, hides
Trunks and travelling bags
Umbrellas and parasols
Walking sticks, whips, harness and saddlery, travelling bags, shopping bags, bags for sports, leisure bags, briefcases, garment bags, rucksacks, small goods of leather, in particular purses and pocket wallets, key cases.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Glassware, porcelain and earthenware (not included in other classes)
Tableware (other than cutlery).
The mark was filed in class 24 with following description of goods:
Textiles and textile goods, not included in other classes
Bed covers
Table covers, household linen, bath towels and towels, handkerchiefs of textile.
The mark was filed in class 25 with Clothing, footwear, headgear and all the afore-mentioned goods excluding stockings, socks, leotards, tights and corsets..
The mark was filed in class 28 with following description of goods:
Games
Toys
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Playing cards.
The mark was filed in class 29 with Preserved, frozen, dried and cooked vegetables, Eggs, Edible oil and fats and Potato chips..
The mark was filed in class 30 with following description of goods:
Salt
Mustard
Vinegar, sauces (condiments)
Spices, ice.
The mark was filed in class 33 with Alcoholic beverages (except beers and wine, and sparkling wine).
The mark was filed in class 34 with following description of goods:
Tobacco
Smokers' articles
Matches
Ashtrays for smokers.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Provision of advertising space
Arranging and conducting of advertising campaigns
Market research consultancy
Consultancy relating to monitoring the success of advertising and sales activities
Radio, television and cinema advertising
Sales promotion
Production of television and radio advertising broadcasts, including associated games show broadcasts
Marketing of advertising time on television and in the cinema through agencies and rental services
Commercial consultancy on matters relating to television and cinema advertising
Arranging of contracts for goods and services via an e-commerce platform.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
Charitable fund raising.
The mark was filed in class 38 with following description of goods:
Telecommunication servies
Broadcasting of radio and television broadcasts and programmes and cinema films via wireless and/or wired networks
News agencies
Video-on-demand services, Including for others, being digital platforms
On-line services, Namely message sending and Broadcasting of programmes
Providing access to electronic communication networks
Broadcasting of cultural, educational and entertainment television programmes, radio programmes and cinema films.
The mark was filed in class 40 with Reproduction of films and Reproduction of sound and image recordings being video and/or audio cassettes, and data carriers of all kinds..
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Sporting and cultural activities
Movie showing
Production and creation of cultural, educational and entertainment television programmes, radio programmes and cinema films
Conducting and performing shows, quizzes and musical events for recording or being live radio, television or cinema broadcasts
Production and rental of films
Production of sound and image recordings being video and/or audio cassettes, and data carriers of all kinds
Arranging exhibitions, conferences, seminars for cultural or educational purposes
Booking of seats for shows
Rental of devices (apparatus) for access to interactive audio-visual programmes
Providing cinema facilities,
Digital image processing (photography)
Rental of screens and personal stereos
Arranging of radio and television broadcasts and programmes and cinema films via wireless and/or wired networks
Entertainment consultancy
Development and sale of cinema films and pay TV programmes.
The mark was filed in class 42 with following description of goods:
Software development, in particular in the field of media
Technical consultancy in the field of multimedia interactive television
Computer programming, including development of electronic television, video and cinema programme guides
Encryption, decryption, conversion, editing of sound and images, news, information and data, digital images and digital music.
The mark was filed in class 43 with Providing of temporary accommodation.
The mark was filed in class 45 with following description of goods:
Granting, providing, rental and other exploitation of licences for film, television and video productions and other image and sound programmes, and for print media and other printed matter
Management and exploitation of copyright and industrial property rights
Exploitation of film, television and other ancillary copyright in the field of merchandising.