The trademark Genius Bear was filed by Chenhong Jin, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on January 13, 2022, and received one opposition filed on April 18, 2022 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 18, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 2, 2023.
The Appeal with reference B R2256/2023-5 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on June 27, 2024 by the EUIPO. The Opposition with reference B 003168221 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Overalls
Hosiery
Boots
Underwear
Sweaters
Shirts
Clothing
Hats
Tights
Suits
Trousers
Outerclothing
Coats
Jerseys [clothing]
Layettes [clothing]
Sports jerseys
Uniforms
Shoes
Sports shoes
Tee-shirts.
The mark was filed in class 28 with following description of goods:
Balls for games
Party balloons
Toys
Building blocks [toys]
Kites
Toy pistols
Games
Surfboards
Scooters [toys]
Slides [playthings]
Teddy bears
Jigsaw puzzles
Stuffed toys
Trampolines
Video game machines
Toy models
Drones [toys]
Toy robots
Baby gyms
Yoga swings.
The mark was filed in class 35 with following description of goods:
Bill-posting
Import-export agency services
Commercial information agency services
Book-keeping
Personnel management consultancy
Advertising
Radio advertising
Television advertising
Advertising agency services
Advisory services for business management
Business information
Sales promotion for others
Organization of trade fairs for commercial or advertising purposes
Procurement services for others [purchasing goods and services for other businesses]
Marketing
Web site traffic optimization
Compiling indexes of information for commercial or advertising purposes
Consultancy regarding advertising communication strategies