The trademark Gino Rossi was filed by LORENS MARCIN PRZEDSIĘBIORSTWO PRODUKCYJNO-USŁUGOWO-HANDLOWE, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 8, 2016, and received one opposition filed on September 7, 2016 by gino rossi S.A. 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 Oleksiewicz, Sylwia and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2016
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1196/2018-4 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on February 20, 2019 by the EUIPO. The Opposition with reference B 002767575 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 26, 2018 by the EUIPO.
The application claimed as seniority of the Republic of Poland trademark Z.345928 registered on July 29, 2010 and filed on September 8, 2008 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic pocket calculators
Electronic pocket translators
Translation apparatus
Translation apparatus
Smartglasses
Sunglasses
Eyeglass cases
Eyewear pouches
Cases for spectacles and sunglasses
Watchbands that communicate data to smartphones.
The mark was filed in class 14 with following description of goods:
Clocks and watches
Jewellery, clocks and watches
Clocks and watches, electric
Pocket watches
Jewels
Ornaments [jewellery, jewelry (Am)]
Paste jewellery [costume jewelry (Am)]
Paste jewellery [costume jewelry (Am)]
Chains [jewelry]
Lockets [jewellery, jewelry (Am)]
Jewels
Jewels
Articles of jewellery coated with precious metals
Jewelry boxes
Jewellery fashioned from non-precious metals
Jewellery made of semi-precious materials
Jewellery fashioned of semi-precious stones
Jewellery made of precious stones
Musical jewelry boxes
Sterling silver jewellery
Jewelry boxes of metal
Articles of jewellery coated with precious metals
Charms [jewellery] of common metals
Jewelry cases not of precious metal
Jewellery boxes and watch boxes
Decorative articles [trinkets or jewellery] for personal use
Watch cases
Bracelets for watches
Watch cases
Parts for clockworks
Watch dials
Watch dials
Watch chains
Watchstraps
Watch fobs
Non-leather watch straps
Watchstraps made of leather
Watch straps of nylon
Presentation boxes for watches
Clock and watch hands
Cases for watches and clocks
Electronically operated movements for watches
Buckles for watchstraps
Metal expanding watch bracelets
Pendants for watch chains
Housings for clocks and watches
Watch straps of synthetic material.
The mark was filed in class 38 with following description of goods:
Sending [transmission] of news
Computer communication and Internet access
Digital transmission of data via the Internet
Secure transmission of data, sound or images
Interactive transmission of video over digital networks
Transfer of data by telecommunications
Transmission of information via national and international networks
Transmission of sound and vision via satellite or interactive multimedia networks
Transmission of coded messages and images
Telecommunication of information (including web pages)
Telematic data transmission and file transfer
Transmission of data, messages and information
Transmission of sound, video and information
Transmission of information for business purposes
Transmission of short messages
Transmission of short messages [SMS], images, speech, sound, music and text communications between mobile telecommunications devices
Transmission of sound or visual recordings over networks
Network transmission of sounds, images, signals and data
Signal transmission for electronic commerce via telecommunication systems and data communication systems
Video transmission via digital networks
Transmission of messages, data and content via the Internet and other communications networks
Provision of information relating to media communications
Providing information relating to wireless communication
Message sending and receiving services
Digital network telecommunications services
Digital transmission services
Voice and data transmission services
Information transmission services via digital networks
Message sending, receiving and forwarding
Data communication services accessible by access code
Advisory and consultancy services relating to wireless communications and wireless communications equipment
Transmission of encrypted communications
Transmission of vision via interactive multimedia networks.