The trademark MOVE was filed by Schäfer Beteiligungs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 26, 2018, and received one opposition filed on December 27, 2018 by VAxE on Likelihood of confusion. the opponent was represented by REGIMBEAU and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2018
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003072234 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 26, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Headphones, including in-ear headphones and wireless headphones
Apparatus, instruments and cables for electricity
Electric charging cables
Chargers
Audio speakers including portable audio speakers
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
None of the aforesaid goods for use in the fields of dentistry and audiology
None of the aforesaid goods for use in connection with analysing, visualising and modelling field data, and structural or geological data.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Wholesaling and retailing, including via the internet, in relation to pharmacy articles, cosmetics and household goods, healthcare sector goods, electric goods and electronic goods in the form of audiovisual, multimedia and photographic apparatus, headphones, including in-ear headphones and wireless headphones, apparatus, instruments and cables for electricity, electric charger cables, chargers, loudspeakers, including portable loudspeakers, optical apparatus and equipment, enhancers and correctors, security, safety, protective and signalling apparatus, and equipment, devices, and regulators, sound recording carriers and data carriers, horological instruments and jewellery, printed matter, stationery, bag makers' goods and saddlery, clothing, shoes and textile goods, toys, sporting goods, foodstuffs and beverages, tobacco products and other luxury food and alcohol, none of the aforesaid goods being software products or intended for use in connection with analysing, visualising or modelling field data, and structural or geological data
Business assistance, management and administrative services
Advice in the running of establishments as franchises
Assistance in product commercialization, within the framework of a franchise contract
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises