018001220

BARBAROSSA BAY

December 18, 2018

Trademark Summary

The trademark BARBAROSSA BAY was filed by Barbarossa Bay, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on January 4, 2019, and received one opposition filed on April 3, 2019 by Schuhhaus Siemes Einkaufs & Beteiligungs GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by STEFFAN & KIEHNE PATENTANWÄLTE PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 3, 2019

The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003079690 was rejected according to Article 8(1)(a) EUTMR with decision issued on January 18, 2022 by the EUIPO.

Goods And Services

• The mark was filed in class 18 with following description of goods:
  
  1. Luggage, bags, wallets and other carriers
  2. Luggage
  3. Pouches
  4. Drawstring pouches
  5. Clutches [purses]
  6. Flexible bags for garments
  7. Canvas bags
  8. Grips [bags]
  9. Bucket bags
  10. Knitted bags, not of precious metals
  11. Rucksacks
  12. Small rucksacks
  13. Drawstring bags
  14. Bags
  15. Pouches for holding make-up, keys and other personal items
  16. Towelling bags
  17. Flight bags
  18. Waterproof bags
  19. Overnight bags
  20. Overnight cases.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing
  2. Bathing costumes for women
  3. Bikinis
  4. Bathing suits
  5. Bathing suits for men
  6. Beach wraps
  7. Surfwear
  8. Visors [headwear]
  9. Wet suits for surfing
  10. Hats
  11. Footwear
  12. Bandanas [neckerchiefs]
  13. Bathing caps
  14. Fashion hats
  15. Caps [headwear]
  16. Bonnets [headwear]
  17. Visors
  18. Cap peaks
  19. Sports caps
  20. Sports headgear [other than helmets]
  21. Sports caps and hats
  22. Beach hats
  23. Sun hats
  24. Sun visors
  25. Bath sandals
  26. Bath slippers
  27. Deck shoes
  28. Canvas shoes
  29. Footwear for women
  30. Slip-on shoes
  31. Ladies' sandals
  32. Men's sandals
  33. Sandals
  34. Flat shoes
  35. Pumps [footwear]
  36. Mules
  37. Plastic slippers
  38. Shoes
  39. Platform shoes
  40. High-heeled shoes
  41. Flip-flops
  42. Thong sandals
  43. Sandals and beach shoes
  44. Beach shoes
  45. Bodies [clothing]
  46. Leotards
  47. Bermuda shorts
  48. Bandeaux [clothing]
  49. Rash guards
  50. Boxer shorts
  51. Outerclothing
  52. Boleros
  53. Leisure suits
  54. Hoods [clothing]
  55. Brassieres
  56. Bustiers
  57. Dry suits
  58. Chemise tops
  59. Ready-made clothing
  60. Short sets [clothing]
  61. Coats for women
  62. Knitwear [clothing]
  63. Functional underwear
  64. Clothing for gymnastics
  65. Woven clothing
  66. Woven shirts
  67. Short-sleeve shirts
  68. Vest tops
  69. Open-necked shirts
  70. Knit shirts
  71. Shirts
  72. Chemises
  73. Athletic tights
  74. Running vests
  75. Halter tops
  76. Kerchiefs [clothing]
  77. Boy shorts [underwear]
  78. Men's underwear
  79. Menswear
  80. Men's and women's jackets, coats, trousers, vests
  81. Shift dresses
  82. Jogging sets [clothing]
  83. Jumper suits
  84. One-piece playsuits
  85. Jerseys [clothing]
  86. Tracksuit bottoms
  87. Running Suits
  88. Jackets [clothing]
  89. Clothing for men, women and children
  90. Loungewear
  91. Dressing gowns
  92. Breeches for wear
  93. Swim wear for children
  94. Swim wear for gentlemen and ladies
  95. Bathing trunks
  96. Swim shorts
  97. Yoga pants
  98. Yoga shirts
  99. Wet suits for windsurfing
  100. Wetsuits for surface watersports
  101. Wetsuit gloves
  102. Wet suits
  103. Waterproof clothing
  104. Casual jackets
  105. Casual trousers
  106. Leisurewear
  107. Moisture-wicking sports bras
  108. Moisture-wicking sports pants
  109. Moisture-wicking sports shirts
  110. Tracksuit tops
  111. Tops [clothing]
  112. Warm-up tops
  113. Tankinis
  114. Tank tops
  115. Short-sleeved T-shirts
  116. Hooded sweatshirts
  117. Sweat shirts
  118. Sweaters
  119. Boardshorts
  120. Thongs
  121. Tube tops
  122. Sundresses
  123. Beach clothes
  124. Sports jerseys
  125. Sports clothing [other than golf gloves]
  126. Sportswear
  127. Gussets for bathing suits [parts of clothing]
  128. Gussets [parts of clothing]
  129. Underpants
  130. Sleepsuits
  131. Sleep masks
  132. Shorts
  133. Shoulder scarves
  134. Shoulder straps for clothing
  135. Guernseys
  136. Sarongs
  137. Saris
  138. Skirts
  139. Skorts
  140. Belts made out of cloth
  141. Belts made from imitation leather
  142. Pleated skirts
  143. Polo sweaters
  144. Polo shirts
  145. Ponchos
  146. Pyjamas
  147. Long sleeve pullovers
  148. Shirts and slips
  149. Eye masks
  150. Ear muffs [clothing]
  151. Fitted swimming costumes with bra cups
  152. Bottoms [clothing]
  153. Ladies' underwear
  154. Underwear
  155. Bathing suit cover-ups
  156. Shawls and stoles
  157. Shawls and headscarves
  158. Shawls [from tricot only]
  159. Monokinis
  160. Nighties
  161. Nightwear
  162. Coverups
  163. Mankinis
  164. Tap pants
  165. Linen clothing
  166. Lingerie
  167. Leggings [trousers]
  168. Footless tights.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising, marketing and promotional services
  2. Purchasing services
  3. Mail order retail services for clothing
  4. Retail services connected with the sale of clothing and clothing accessories
  5. Retail services in relation to clothing accessories
  6. Retail services in relation to fashion accessories
  7. Retail services in relation to clothing
  8. Retail services relating to home textiles
  9. Retail services in relation to bags
  10. Retail services in relation to sporting equipment
  11. Retail services relating to sporting goods
  12. Retail services in relation to luggage
  13. Retail services in relation to furnishings
  14. Retail services in relation to headgear.