The trademark WASP was filed by N-Cubator B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 5, 2020, and received one opposition filed on May 11, 2020 by ZEATA ASSETS, S.L.U. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 11, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003118994 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 10, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Graphite and fuel cell electrodes and batteries, namely, electric storage batteries, galvanic batteries, general purpose batteries, solar batteries..
The mark was filed in class 25 with following description of goods:
Casual, children's, evening, exercise, rain, sports and beach footwear
Athletic footwear
Beach footwear
Casual footwear
Climbing footwear
Exercise footwear
Infant footwear
Headwear, namely, hats, headbands and caps
Swimwear
Sportswear
Leisurewear, namely, leisure suits and shoes.
The mark was filed in class 35 with following description of goods:
Provision of information and advisory services relating to e-commerce
Provision of information relating to market studies
Provision of market research information
Advertising and business management consultancy
Personnel recruitment
Personnel management consulting
Advertising agency services
Advertising the goods and services of others
Mediation of contracts for purchase and sale of products and services
Advertising services for promoting the brokerage of stocks and other securities for others
Advertising services of a radio and television advertising agency
Negotiation of business contracts for others
Business management and organization consultancy
Computerized file management
Rental of advertising space
Rental of advertising space on web sites
Leasing of office equipment
Rental of office machinery and equipment
Market analysis and research services
Market research studies
Computer database management services
Retail store services in relation to clothing, books, computer equipment, computer software, furniture, grocery, jewellery, food, cosmetics, toys, automobile parts and audio equipment.
The mark was filed in class 38 with following description of goods:
Telecommunication services, namely, internet access provider services and provision of telecommunication access to films and television programs provided via a video-on-demand service, wireless digital messaging services, electronic mail services through wired and wireless access, paging services, wireless digital messaging services, webcasting and podcasting of music, fashion shows and television programs, providing electronic message alerts via the internet, personal communication services
Communication services, namely, electronic transmission of voices, transmission of voice, visual images, digital audio and digital video by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
Telecommunication bundle services that allow customers to reach cellular phones, voicemail and call routing between wireline and wireless phones and voicemail boxes
Electronic transmission of images, photographs, graphic images and illustrations over a global computer network
Transmission of voice, visual images, digital audio and digital video by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
Broadcasting and transmission of television programs
Simulcasting broadcast television over global communication networks, the Internet and wireless networks
Video on demand transmissions
Providing access to digital music websites on the internet
Provision of access to the Internet
Provision of access to a global computer network
Video-on-demand transmission services
Satellite telephone transmission.
The mark was filed in class 41 with following description of goods:
Production of radio and television programmes
Film production
Educational research services
Education and training services, namely, providing classes, seminars, workshops in the fields of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Law enforcement training services
Language training services
Entertainment services, namely, organizing, arranging, and hosting dancing, beer tasting and cosplay entertainment events, art shows and exhibitions, musical concerts and fashion shows
Presenting live musical performances
Film distribution
Providing television programmes, not downloadable, via video-on-demand transmission services
Arranging and conducting seminars in the field of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Arranging and conducting educational congresses in the field of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Publication of electronic books and journals on-line.