The trademark BUTTERFLY BLACK was filed by MADEXU GESTION, S. L. (SOCIEDAD UNIPERSONAL), a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 10, 2020, and received one opposition filed on February 7, 2021 by B.C.S. bvba on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRETA I ASSOCIATS AGÈNCIA DE LA PROPIETAT INDUSTRIAL, S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 9, 2024.
The Opposition with reference B 003140456 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 10, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management and organization consultancy
Public relations services
Television advertising
On-line advertising on a computer network
Sales promotion for others
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Retailing and wholesaling in shops and via global computer networks of beverages and foodstuffs, Including prepared meals
Organisation, operation and supervision of customer loyalty and incentive schemes
Provision, organisation and administration of a loyalty scheme for the sale of food and drink
Business intermediary and advisory services in the field of selling products and rendering services
Agency services for arranging business introductions
Computerized on-line ordering services
Consumer research
Market research
Business information services provided online from a global computer network or the internet
Preparation of market reports and studies
Preparing business reports
Preparing reports for others regarding the sale of products and services of others
Ordering services for third parties
Invoicing
Customer club services, for commercial, promotional and/or advertising purposes.
The mark was filed in class 41 with following description of goods:
Services of a discotheque, dance hall or concert hall
Entertainment services
Provision of cinema or theatre facilities
Sporting and cultural activities
Teaching
Training
Organisation and conducting of congresses, conventions, work meetings, seminars.
The mark was filed in class 43 with following description of goods:
Hotel catering services
Services for providing food and drink
Restaurants, cafeterias and snack-bars
Contract food services
Food and drink consultancy
Services for the preparation of food and drink
Fast-food restaurant services
Take-away food and drink services
Charitable and benevolent provision of food and drink
Provision of information relating to food, drink, restaurants, bars, supermarket food courts, providers of food and drink
Providing food and drink via mobile transport
Personal chef services
Membership-based services for providing food and drink
Private clubs with dining and beverage facilities
Club services for the provision of food and drink.