The trademark MERLINK was filed by WE ARE MERLINK, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 24, 2012, and received one opposition filed on August 20, 2012 by Leroy Merlin EspaƱa, S.L. Unipersonal on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ARS PRIVILEGIUM, S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 002059155 was refused according to Article 8(1)(b) CTMR with decision issued on June 26, 2013 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic publications, downloadable
Printed publications in electronic form
Electronic publications recorded on computer media
Application software
Computer game software
Computer software for data processing
Computer programs, computer game software
Notebook computers
Computers programs
All the aforesaid computer applications, software programs and computer programs being intended for the online publication of magazines and/or periodical publications
All the aforesaid goods having no connection with the transport of goods or individuals.
The mark was filed in class 35 with following description of goods:
Market research for compiling information on electronic or online publication readers
Providing of advertising space in electronic or online periodical publications, newspapers and magazines
Arranging subscriptions of the online publications of others
All the aforesaid services having no connection with the transport of goods or individuals.
The mark was filed in class 41 with following description of goods:
Electronic publications (non-downloadable)
Provision of on-line electronic publications (not downloadable)
Providing of publications from a global computer network or via the Internet which may be consulted
Providing of entertainment via electronic or online publication means
Electronic online publication of periodicals and books
Electronic games services, Including online computer games provided by means of a global computer network
Training services relating to computer software
Providing information on-line relating to computer games and computer enhancements for games.
The mark was filed in class 42 with following description of goods:
Development of computer software application solutions
Application service provider (ASP), namely, hosting computer software applications of others
Application service provider (asp)
Rental of application software
Information services relating to the application of computer systems
Rental of application software
Computer and software rental services
Computer programme design and development
All the aforesaid computer applications, software programs and computer programs being intended for the online publication of magazines and/or periodical publications
All the aforesaid services having no connection with the transport of goods or individuals.