The trademark eybl SPORT & MODE was filed by SPORTSDIRECT.COM Austria GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 8, 2005, and received one opposition filed on August 4, 2005 by EYBL INTERNATIONAL AKTIENGESELLSCHAFT on undefined. the opponent was represented by ECKERT FRIES CARTER RECHTSANWÄLTE GMBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2005
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on June 20, 2015.
of the trademark registration was recorded on June 20, 2015. Appointment and Replacement of representative of the trademark registration was recorded on February 19, 2006. Change of name and professional address of the trademark registration was recorded on March 24, 2006. Appointment and Replacement of representative of the trademark registration was recorded on May 16, 2006. Change of name and address of the trademark registration was recorded on August 5, 2007. Change of name and address of the trademark registration was recorded on August 5, 2007. Change of name and professional address of the trademark registration was recorded on August 19, 2007. Change of name and professional address of the trademark registration was recorded on August 26, 2007. Appointment and Replacement of representative of the trademark registration was recorded on November 29, 2009. Change of name and professional address of the trademark registration was recorded on February 16, 2014. Change of name and professional address of the trademark registration was recorded on July 14, 2014.
The Opposition with reference B 000883704 was partially refused EUTMA/IR according to Article 8(1)(a) CTMR with decision issued on July 17, 2007 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Bicycles and individual parts therefor (included in class 12), bicycle accessories, including luggage carriers for bicycles, bells for bicycles, dress guards for bicycles, motors for cycles, bicycle locks, saddle covers for bicycles, stands for bicycles
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, not included in other classes, printed matter, forms, printed publications, catalogues, magazines, newspapers, journals, books, exercise books, leaflets, reference books, annuals and periodicals, programs, graphic pictures, reproductions, stationery, calendars, diaries, telephone/address books, paper book markers, stationery portfolios, envelopes, pencils, fountain pens, display boards of paper or cardboard, year planners and holiday planners, planner boards, albums, stickers, scrapbooks, postcards, posters, photographs, plastic materials for wrapping and packaging, not included in other classes
Instructional and teaching material (except apparatus), stationery, handbooks, photograph albums, plans, atlases, bookbinding articles, tables, brochures, publicity leaflets, prospectuses, advertising boards of paper or cardboard, printed adverting materials, advertising prospectuses, posters, publications and display boards, advertising signboards of paper or cardboard, stationery, lists and directories, printed computer programs, offices requisites (except furniture), advertising and promotional materials (not included in the other classes)
Printed Internet pages, protective envelopes for directories
Tickets
Tickets
Architects' models
Artificial textile fibres, packaging pouches, sleeves and bags of paper or plastic, all the aforesaid goods made without using chlorofluorocarbons
Beer mats
Artists' materials.
The mark was filed in class 18 with following description of goods:
Goods of leather and imitations of leather, not included in other classes, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness, bags and other containers not specifically adapted for the object being carried
Handbags, briefcases, shopping bags, school satchels, rucksacks, backpacks
Beach bags, cases for umbrellas and parasols.
The mark was filed in class 25 with following description of goods:
Footwear, headgear
Sportswear and footwear for sports, football boots and studs therefor, ski boots
The mark was filed in class 28 with following description of goods:
Games and playthings
Playing cards and card games
Jokes (novelties), confetti
Decorations for Christmas trees
Electric or electronic games (other than those adapted for use with television receivers)
Remote-controlled toy cars
Coin-operated gaming machines and amusement apparatus
Trapezoidal straps and mats for surfboards.
The mark was filed in class 41 with following description of goods:
Education, entertainment, organisation of sporting and cultural events
Publication of printed matter
Entertainment in the form of online activities and games on the Internet, production of film, television, radio and teletext programmes or broadcasts
Film rental
Production of teleshopping programmes
Publication of printed matter (other than publicity texts), in particular catalogues, books, newspapers and periodicals
Organisation and presentation of shows, quizzes, theatrical, sporting and musical events and organisation of competitions in the fields of entertainment and sports, in particular via the Internet, including the aforesaid services for recorded programmes or live broadcasts on television or radio
Online publishing of electronic books and periodicals
Translation services
Consultancy with regard to individual training and individual fitness training, providing of training and further training, and education consultancy, providing of training in cosmetics, providing of training for fitness trainers
Instructors and wellness trainers, rental and leasing of fitness and sports facilities, sports camp services, providing sporting and leisure facilities and swimming pools, providing club facilities, in particular health clubs, education and training in connection with medical and health issues, practical training demonstrations, providing recreational facilities, fitness studio services, providing gymnasium facilities and gym and sports centres, conducting gymnastic and sporting events, sports competitions and shows in the fields of gymnastics, sports and muscle rehabilitation, presentation of live performances, conducting of educational examinations, education and instruction, correspondence courses, television and radio entertainment, distance learning, physical fitness education, fitness training, publication of texts (other than publicity texts), information about health education and fitness, arranging and conducting of conferences, congresses and symposiums, sporting and cultural activities, gymnastic and fitness instruction, entertainment, providing of training, arranging of sporting competitions, arranging and conducting of colloquiums, seminars and workshops, arranging of exhibitions for cultural or educational purposes, arranging of competitions for education and entertainment, publication of books and periodicals, timing of sports events.
The mark was filed in class 42 with following description of goods:
Data processing consultancy, consultancy in the field of computer hardware
Planning, designing, implementation and maintenance of Internet homepages, network operator and provider services, namely arranging and leasing access time to a computer database
Research, for others, in databases and on the Internet
Homepage and website design
Planning and maintenance of Internet content, multimedia agency services, namely implementation of computer programs in network structures
Internet services, namely the providing of memory space on the Internet
Licensing of software
Operating an Internet search engine
Homepage and webpage design
Development and design of computer hardware and computer software
Maintenance of computer software
Web design
Scientific and technological services and research and design relating thereto, in the field of information technology.