The trademark Gabor was filed by Kabushiki Kaisha UpWell, a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on July 5, 2010, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on October 5, 2010 by Gabor Shoes Aktiengesellschaft on (a) Likelihood of confusion, (b) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in German The second opposition filed on September 26, 2010 by Station Wagon S.r.l. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Appeal with reference B R2405/2011-1 was Opposition allowed according to Article 8(5) CTMR with decision issued on November 7, 2012 by the EUIPO. The Opposition with reference B 001737322 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on September 19, 2011 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Spectacles including eyeglasses, sunglasses and goggles
Eyeglass chains, eyeglass cords, eyeglass cases, eyeglass frames and eyeglass
Lenses
Cameras, camera cases
Binoculars, telescopes
Protective helmets for sports including helmets for motorcycling
Pre-recorded video discs and tapes
Video games adapted for use with an external display screen or monitor
Divers' instruments including wetsuits, weight belts, and breathing
Apparatus for underwater swimming
Portable telephones, straps for portable telephones, holders and cases for portable telephones.
The mark was filed in class 14 with following description of goods:
Ornaments including bracelets, brooches, chains, earrings, rings, necklaces,