The trademark ZARA was filed by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.), a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on January 13, 2002, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on April 14, 2002 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by SANTARELLI and its proceedings were handled in English
The second opposition filed on April 11, 2002 by AUTOMOBILES CITROËN on Likelihood of confusion. the opponent was represented by Bouet, Françoise and its proceedings were handled in English
The third opposition filed on April 10, 2002 by Janz Süße Sachen Süßwaren GmbH on Likelihood of confusion. the opponent was represented by HAUCK PATENTANWALTSPARTNERSCHAFT MBB and its proceedings were handled in English
The fourth opposition filed on March 25, 2002 by ALDI Einkauf SE & Co. oHG on undefined. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and its proceedings were handled in English
The fifth opposition filed on March 19, 2002 by Aloys F. Dornbracht GmbH & Co. KG on undefined. the opponent was represented by ROCHE, VON WESTERNHAGEN & EHRESMANN and its proceedings were handled in English
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2005.The first Cancellation was filed by Dansani A/S (represented by ???) on August 16, 2011 and Final decision on costs – Request withdrawn.The second Cancellation was filed by FFAUF S.A. (represented by ???) on May 21, 2017 and Final decision – EUTM partially cancelled.The third Cancellation was filed by Zahia DEHAR (represented by ???) on July 1, 2018 and Final decision on costs – Request withdrawn.The fourth Cancellation was filed by SUPER RTL Fernsehen GmbH & Co. KG (represented by ???) on July 31, 2013 and Final decision on costs – Request withdrawn.
Two renewals of the trademark were recorded, one on April 27, 2008, and the other one on January 29, 2018.
Change of name and address of the trademark registration was recorded on July 1, 2007. Change of name and professional address of the trademark registration was recorded on August 19, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on October 26, 2010. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on October 27, 2010. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on October 27, 2010. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on August 22, 2011. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 26, 2012. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on April 4, 2012. Change of name and professional address of the trademark registration was recorded on October 1, 2012. Relative errors of the trademark registration was recorded on January 28, 2013. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on August 7, 2013. Change of name and professional address of the trademark registration was recorded on November 5, 2013. Change of name and professional address of the trademark registration was recorded on November 14, 2013. Change of name and professional address of the trademark registration was recorded on November 27, 2013. Change of name and professional address of the trademark registration was recorded on December 16, 2013. Change of name and professional address of the trademark registration was recorded on July 20, 2015. Change of name and professional address of the trademark registration was recorded on September 6, 2016. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on May 25, 2017. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on July 9, 2018. Change of name and professional address of the trademark registration was recorded on July 31, 2018. Declaration under Art.28(8) EUTMR of the trademark registration was recorded on November 11, 2018. Change of name and professional address of the trademark registration was recorded on December 2, 2020. Change of name and professional address of the trademark registration was recorded on October 7, 2021.
The Appeal with reference B R0867/2014-2 was Revocation allowed according to Article 51 CTMR with decision issued on June 1, 2015 by the EUIPO. The Opposition with reference B 000497968 was rejected according to Rule 22(2) CTMIR with decision issued on May 27, 2004 by the EUIPO. The Opposition with reference B 000502023 was rejected according to Rule 16(1) CTMIR with decision issued on December 11, 2002 by the EUIPO. The Opposition with reference B 000502478 was rejected according to Article 8(1)(b) CTMR with decision issued on May 27, 2004 by the EUIPO. The Opposition with reference B 000503344 was rejected according to Article 8(1)(a) CTMR with decision issued on March 23, 2005 by the EUIPO. The Cancellation with reference B 000004850 was EUTM partially cancelled according to Article 51(1)(a) CTMR with decision issued on January 29, 2014 by the EUIPO. The null with reference B T-432/15 was Closed without judgment according to null with decision issued on March 6, 2017 by the EUIPO.
The application claimed as seniority of "BX" trademark null registered on August 11, 1987 which was accepted by the office.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
Bacteriological preparations other than for medical and veterinary use
Balm of gurjun [gurjon, gurjan] for making varnish
Balm of gurjun [gurjon, gurjan] for making varnish
Baryta paper
Beer preserving agents
Beer-clarifying and preserving agents
Blueprint paper
Brake fluids
China clay
China slip
Cinematographic film, sensitized but not exposed
Clarification preparations
Compositions for repairing inner tubes of tires [tyres]
Cultures of microorganisms other than for medical and veterinary use
Diazo papers
Drilling muds
Filtering materials [vegetable substances]
Filtering preparations for the beverages industry
Flour for industrial purposes
Flower preservatives
Fluids for hydraulic circuits
Foundry molding preparations
Foundry sand
Fuller's earth for use in textile industry
Grafting wax for trees
Kaolin
Liquid rubber
Litmus paper
Loam
Mangrove bark for industrial purposes
Mold-release preparations
Paper pulp
Peat pots for horticulture
Photographic paper
Photographic paper
Power steering fluid
Purification preparations
Reagent paper
Rubber solutions
Self toning paper [photography]
Sensitized films, unexposed
Sensitized paper
Soap [metallic] for industrial purposes
Substances for preventing runs in stockings
Test paper, chemical
Tire repairing compositions
Wood pulp
X-ray films, sensitized but not exposed
Blueprint clothes
Glutinous treebanding preparations.
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Colorants
Mordants
Raw natural resins
Metals in foil and powder form for painters, decorators, printers and artists
Agglutinants for paints
Anti-corrosive bands
Badigeon
Binding preparations for paints
Canada balsam
Fixatives for watercolors [watercolours]
Glaziers' putty
Oil cement [putty]
Siccatives [drying agents] for paints
Sumac for varnishes
Thickeners for paints
Thinners for paints
Undercoating for chassis of vehicles
Undersealing for vehicle chassis
Wallpaper removing preparations
Protective preparations for metal.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Dust absorbing, wetting and binding compositions
Fuels (including motor spirit) and illuminants
Candles, wicks
Additives, non-chemical, to motor fuel
Beeswax
Belting wax
Benzene
Benzol
Carnauba wax
Ceresine
Industrial wax
Naphta
Non-slipping preparations for bells
Paper spills for lighting
Wax [raw material]
Wood spills for lighting
Xylene
Xylol.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Materials of metal for railway tracks
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Metallic pipes and tubes
Safes
Goods of common metal not included in other classes
Ores
Gold solder
Silver solder.
The mark was filed in class 7 with following description of goods:
Machines and machine tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components except for land vehicles
Agricultural implements other than hand-operated
Incubators for eggs
Adhesive bands for pulleys
Alternators
Ball rings for bearings
Belts for conveyors
Boxes for matrices [printing]
Brake shoes other than for vehicles
Card clothing [parts of carding machines]
Dynamo belts
Fan belts for motors and engines
Freewheels other than for land vehicles
Inking apparatus for printing machines
Knives [parts of machines]
Lasts for shoes [parts of machines]
Machine wheels
Tables for machines
Vacuum cleaner hoses
Molds [parts of machines]
Shock absorber plungers [parts of machines]
Lasts for shoes [parts of machines].
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand operated)
Cutlery
Side arms
Razors
Bits [parts of hand tools]
Bludgeons
Curling tongs
Extension pieces for braces for screw taps
Fingernail polishers [electric or non-electric]
Fingernail polishers [electric or non-electric]
Frames for handsaws
Glaziers' diamonds [parts of hand tools]
Hair clippers for personal use [electric and non-electric]
Hollowing bits [parts of hand tools]
Knuckle dusters
Manicure sets, electric
Nail clippers [electric or non-electric]
Nail files, electric
Punch rings [knuckle dusters]
Razor cases
Reamer sockets
Saw blades [parts of hand tools]
Saw holders
Scythe rings
Shaving cases
Shear blades
Sugar tongs
Sword scabbards
Truncheons
Tweezers
Vegetable choppers
Depilation appliances, electric and non-electric.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Babies' bottles
Babies' pacifiers [teats]
Breast pumps
Cases fitted for medical instruments
Condoms
Contraceptives, non-chemical
Dummies [teats] for babies
Ear plugs
Feeding bottle teats
Feeding bottle valves
Feeding bottles
Hearing protectors
Teats
Teething rings
Teething rings
Esthetic massage apparatus.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Aquarium filtration apparatus
Ash pits for furnaces
Bath fittings
Carbon for arc lamps
Chimney blowers
Distillation apparatus
Filters [parts of household or industrial installations]
Filters for air conditioning
Fire bars
Fittings, shaped, for furnaces
Fittings, shaped, for ovens
Fountains
Framework of metal for ovens
Friction lighters for igniting gas
Fuel economizers
Furnace grates
Gas lighters
Globes for lamps
Globes for lamps
Hot air bath fittings
Humidifiers for central heating radiators
Lamp glasses
Lamp globes
Lamp shades
Lampshade holders
Lighters
Ornamental fountains
Pipe line cocks [spigots]
Purification installations for sewage
Safety accessories for water or gas apparatus and pipes
Tanning apparatus [sun beds]
Taps [faucets]
Toilet seats
Ultraviolet ray lamps, not for medical purposes
Water-pipes for sanitary installations
Hangings for lamps
Lamp chimneys
Light diffusers.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Air pumps [vehicle accessories]
Anti-dazzle devices for vehicles
Anti-glare devices for vehicles
Anti-theft devices for vehicles
Audible warning systems for cycles
Baby carriages
Baskets adapted for cycles
Bells for bicycles, cycles
Bicycle brakes
Bicycle chains
Bicycle frames
Bicycle handle bars
Bicycle rims
Bicycle saddles
Bicycle stands
Brakes for bicycles, cycles
Chains for bicycles, cycles
Cleaning trolleys
Covers for baby carriages
Cycle hubs
Direction signals for vehicles
Hoods for baby carriages
Motors for cycles
Pedals for cycles
Pumps for bicycles, cycles
Pushchairs
Saddle covers for bicycles or motorcycles
Safety seats for children [for vehicles]
Seat covers for vehicles
Security harness for vehicle seats
Shopping trolleys [carts (Am)]
Sun-blinds adapted for automobiles
Sun-blinds adapted for automobiles
Vehicle covers [shaped]
Vehicle seats
Vehicle wheel tires [tyres]
Vehicle wheels
Windscreen wipers
Antiskid chains
Bicycle tires [tyres]
Direction indicators for bicycles, cycles, etc
Head-rests for vehicle seats
Luggage carriers for vehicles.
The mark was filed in class 13 with following description of goods:
Firearms
Ammunition and projectiles
Explosives
Fireworks.
The mark was filed in class 15 with following description of goods:
Musical instruments
Bellows for musical instruments
Bows for musical instruments
Bridges for musical instruments
Cases for musical instruments
Catgut for musical instruments
Conductors' batons
Dampers for musical instruments
Drumheads
Drumsticks
Harp strings
Horsehair for bows [for musical instruments]
Intensity regulators for mechanical pianos
Kettledrum frames
Keyboards for musical instruments
Keys for musical instruments
Mouthpieces for musical instruments
Music rolls [piano]
Mutes for musical instruments
Pedals for musical instruments
Pegs for musical instruments
Perforated music rolls
Plectrums
Reeds
Skins for drums
Sticks for bows [for musical instruments]
Strings for musical instruments
Tuning forks
Turning apparatus for sheet music
Valves for musical instruments
Wind pipes for organs
Chin rests for violins
Tuning forks
Tuning hammers.
The mark was filed in class 17 with following description of goods:
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, not of metal
Carbon fibers [fibres], other than for textile use
Cellulose acetate [semi-processed]
Non-conducting materials for retaining heat
Plastic substances, semi-processed
Synthetic resins [semi-finished products]
Vulcanized fiber.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable buildings
Monuments, not of metal
Advertisement columns [not of metal]
Buildings, not of metal
Busts of stone, concrete or marble
Cabanas not of metal
Cork [compressed]
Memorial plaques, not of metal
Statuettes of stone, concrete or marble
Wood for making household utensils
Works of art of stone, concrete or marble.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Air cushions, not for medical purposes
Air cushions, not for medical purposes
Air pillows, not for medical purposes
Bamboo
Bead curtains for decoration
Bins, not of metal
Bolsters
Bottle caps, not of metal
Busts of wood, wax, plaster or plastic
Cabinet work
Closures, not of metal, for containers
Clothes hooks, not of metal
Coat hangers
Coral
Costume stands
Covers for clothing [wardrobe]
Curtain hooks
Curtain rails
Curtain rings
Curtain rods
Curtain rollers
Cushions
Dog kennels
Dressmakers' dummies
Figurines [statuettes] of wood, wax, plaster or plastic
Fireguards
Flower-pot pedestals
Furniture casters, not of metal
Furniture fittings, not of metal
Garment covers [storage]
Hooks, not of metal, for clothes rails
House numbers, not of metal, non-luminous
Infant walkers
Infant walkers
Keyboards for hanging keys
Kennels for household pets
Knife handles, not of metal
Letter boxes, not of metal or masonry
Locks [other than electric], not of metal
Mats, removable, for sinks
Mobiles [decoration]
Moldings for picture frames
Nesting boxes for household pets
Picture frame brackets
Pillows
Plaited straw [except matting]
Rattan
Reeds [plaiting material]
Removable mats or covers for sinks
Shells
Signboards of wood or plastics
Slatted indoor blinds
Sleeping bags for camping
Spring mattresses
Stair rods
Statues of wood, wax, plaster or plastic
Stoppers, not of metal
Table tops
Tailors' dummies
Tool handles, not of metal
Wax figures
Whalebone, unworked or semi-worked
Wind chimes [decoration]
Coathooks, not of metal
Curtain tie-backs
Fans for personal use [non-electric]
Picture rods [frames]
Yellow amber
Works of art, of wood, wax, plaster or plastic.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers (not of precious metal or coated therewith)
Combs and sponges
Brushes (except paint brushes)
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Bird baths
Birdcages
Cages for household pets
Cosmetic utensils
Deodorising apparatus for personal use
Feeding troughs
Feeding troughs for animals
Feeding troughs for animals
Floss for dental purposes
Fly swatters
Gardening gloves
Indoor terrariums [plant cultivation]
Insect traps
Litter trays for pets
Menu card holders
Mouse traps
Nozzles for sprinkler hose
Nozzles for watering cans
Powder compacts, not of precious metal
Roses for watering cans
Sprinkling devices
Watering cans
Appliances for removing make-up [non-electric]
Sprinklers.
The mark was filed in class 22 with following description of goods:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials
Bands, not of metal, for wrapping or binding
Hair
Hammocks
Hemp bands
Ladder tapes or webbing for venetian blinds
Raw or treated wool
Rope ladders
Sawdust
Wadding for filtering
Wood shavings
Wrapping or binding bands, not of metal.
The mark was filed in class 23 with Yarns and threads, for textile use.
The mark was filed in class 26 with following description of goods:
Lace and embroidery, ribbons and braid
Buttons, hooks and eyes, pins and needles
Artificial flowers
Artificial fruit
Badges for wear, not of precious metal
Badges for wear, not of precious metal
Barrettes [hair-slides]
Belt clasp
Blouse fasteners
Bodkins
Boxes, not of precious metal, for needles
Brassards
Buckles [clothing accessories]
Collar supports
Competitors' numbers
Corset busks
Darning lasts
Darning lasts
Dress body fasteners
Dress fastenings
False beards
False hair
Feathers [clothing accessories]
Haberdashery, except thread
Hair bands
Hair colouring caps
Hair curling pins
Hair nets
Hair ornaments
Hair pins
Hat ornaments [not of precious metal]
Heat adhesive patches for decoration of textile articles [haberdashery]
Mica spangles
Needle cases, not of precious metal
Needle cushions
Needle cushions
Numerals for marking linen
Ornamental novelty badges [buttons]
Ostrich feathers [clothing accessories]
Pin cushions
Plaited hair
Sewing boxes
Sewing thimbles
Shoe buckles
Shoe laces
Shoe ornaments [not of precious metal]
Shoulder pads for clothing
Spangles for clothing
Tea cosies
Top-knots [pompoms]
Toupees
Tresses of hair
Whalebones for corsets
Wigs
Woollen laces
Zip fasteners
Zippers
Brooches [clothing accessories]
Expanding bands for holding sleeves
False moustaches
Fastenings for braces
Fastening for suspenders
Fastenings for clothing
Hair curlers [other than hand implements], non-electric
Hair grips [slides]
Heat adhesive patches for repairing textile articles
Letters for marking linen
Monogram tabs for marking linen
Reins for guiding children.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
Wall hangings (non-textile)
Artificial turf
Wallpaper.
The mark was filed in class 34 with following description of goods:
Tobacco
Smokers' articles
Matches
Cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Cigars
Snuff
Snuff boxes, not of precious metal.
The mark was filed in class 35 with following description of goods:
Store services
Commercial or industrial management assistance by the issuing and administration of charge cards
Business management services
Business administration services
Advertising, including advertising services undertaking the distribution of advertising and commercial prospectuses and pamphlets, either directly or by mail, as well as the distribution of product samples.
The mark was filed in class 36 with following description of goods:
Assurance
Financial affairs
Monetary affairs
Real-estate affairs
Charitable fund raising
Deposits of valuables
Financial consultancy
Financial information
Financial sponsorship
Insurance consultancy
Insurance information
Organization of collections
Safe deposit services.
The mark was filed in class 38 with Telecommunications and information about telecommunication..
The mark was filed in class 41 with following description of goods:
Providing of education
Training
Entertainment
Sporting and cultural activities
Arranging and conducting of congresses
Booking of seats for shows
Education information
Entertainment information
Modelling for artists
Publication of books
Publication of texts [other than publicity texts]
Recreation information
Rental of audio equipment
Rental of lighting apparatus for theatrical sets or television studios