The trademark Galeria was filed by GALERIA Karstadt Kaufhof GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 29, 2007, and received one opposition filed on July 29, 2007 by Colart UK Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 29, 2007
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Two renewals of the trademark were recorded, one on November 4, 2013, and the other one on September 21, 2021.
Deletion of the representative of the trademark registration was recorded on October 6, 2005. Appointment and Replacement of representative of the trademark registration was recorded on February 6, 2006. A transfer of the trademark registration was recorded on July 1, 2007. Change of name and professional address of the trademark registration was recorded on September 20, 2010. Deletion of the representative of the trademark registration was recorded on May 13, 2012. A transfer of the trademark registration was recorded on February 26, 2014. Change of name and professional address of the trademark registration was recorded on May 18, 2016. Deletion of the representative of the trademark registration was recorded on July 19, 2016. Appointment and Replacement of representative of the trademark registration was recorded on July 16, 2019. A transfer of the trademark registration was recorded on May 12, 2020. Change of name and address of the trademark registration was recorded on September 2, 2021.
The Refusal with reference B 002383180 was partially rejected according to Article 7(1)(b) CTMR with decision issued on July 9, 2006 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 399 09 255.2/35 registered on February 28, 2001 and filed on February 17, 1999 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
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.
The mark was filed in class 7 with following description of goods:
Machines, namely machines for processing metal, wood and plastic, textile machines, household machines (included in class 7), DIY machines (included in class 7), machines for the beverage industry, construction machines, packing machines and machine tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components (except for land vehicles)
Agricultural implements (so far as included in class7)
Incubators for eggs.
The mark was filed in class 8 with following description of goods:
Hand-operated tools
Hand operated equipment used in agriculture, horticulture and forestry, for the construction of machines, apparatus and vehicles, and for structural engineering
Cutlery
Side arms
Razors.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Electric and electronic apparatus and instruments (included in class 9)
Apparatus for recording, transmission or reproduction of data and/or sound and/or images, and accessories therefor (included in class 9)
Magnetic data carriers, CDs, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers and accessories therefor (included in class 9)
Fire-extinguishing apparatus.
The mark was filed in class 11 with Apparatus for lighting, steam generating, cooking, refrigerating, drying, ventilating and water supply and sanitary purposes, the aforesaid goods exclusively for sale to end users in department stores.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods of precious metals or coated therewith (included in class 14)
Jewellery, precious stones
Horological and chronometric instruments.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials (included in class 16), other than paper, cardboard and goods made from these materials for artists
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Typewriters, office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging, included in class 16
Cards (playing)
Printers' type
Printing blocks.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials (included in class 18)
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 20 with Furniture, mirrors, picture frames and goods (included in class 20) 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..
The mark was filed in class 21 with following description of goods:
Utensils (so far as included in class 21) and containers for household or kitchen use (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 (included in class 21).
The mark was filed in class 22 with following description of goods:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (so far as included in class 22)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials.
The mark was filed in class 23 with Yarns and threads, for textile use.
The mark was filed in class 24 with Textiles and textile goods (included in class 24), in particular fabrics, curtains, blinds, household linen, table linen and bed linen, bed and table covers.
The mark was filed in class 25 with Clothing, footwear, headgear.
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.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles (included in class 28)
Decorations for Christmas trees.
The mark was filed in class 35 with following description of goods:
Advertising
Business management services
Business administration
Office functions
Including the bringing together of goods (except the transport thereof) for others
Services in the field of commerce, namely arranging contracts for the buying and selling of goods and services, including via the Internet, mail order services by catalogue and via the Internet, import and export services, gift services, homeshopping and online marketing of consumer goods and industrial goods
All the aforesaid service other than services for the display and sale of goods, of which only the following services are excluded: services in the field of commerce, namely arranging contracts for the buying and selling of goods and services, including via the Internet, mail order services by catalogue and via the Internet, import and export services, gift services, homeshopping and online marketing of consumer goods and industrial goods.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs, in particular customer card systems
Real estate affairs.
The mark was filed in class 38 with following description of goods:
E-mail data services
Providing access and services for the Internet, for others
Operating data network servers, in particular for the world wide web
Service provider services
Providing access rights and access time to the Internet
Videoconferencing services, for others
Providing audio-visual access to events of all kinds, in particular sporting events
Information provider services, via radio, television and data networks
Telecommunications, including electronic transmission of sound, images, data and other information
Gathering and providing of information, images and messages, including interactive elements for access via local or global computer and telecommunications networks and the Internet
Arranging access to databases on the Internet
On-line services
Providing and operating electronic networks, in particular computer networks
Operating mailboxes
Operating e-mail systems
Providing e-mail functions, for others
Providing access to and transmission lines for the Internet, for others
Providing and making available information on entertainment events by means of telecommunications devices and the Internet, in particular for concert, theatre, musical and sporting events, entertainer services, and sound and image carriers containing entertainer content and entertainment events.
The mark was filed in class 41 with following description of goods:
Consultancy, instruction, conducting seminars in the field of technical communications systems and data processing, in particular multimedia applications and Internet access
Providing computer games, for others
Education, providing of training, in particular instruction, further training
Entertainment
Sporting and cultural activities
Providing computer Internet areas, 3D animations
Computer games with animations
Internet access to, and visualisation of, sporting events, sporting competitions and up-to-date sporting information, videoconferencing and audio-visual communications by computer, electronic chat and cybertalk, and support services provided by presenters
Providing access to software
Electronic publishing
Arranging tickets to entertainment events, in particular for concert, musical, theatre and sporting events, including advance ticket sales
Conducting entertainment events
Playing sound and video recordings, for others.
The mark was filed in class 42 with following description of goods:
Consultancy with regard to the individual selection of clothing and other fashion accessories, in particular with technical aids, including electric and electronic equipment, including data processing equipment and computers
Providing of food and drink
Hygienic and beauty care
Beauty salons, including cosmetic consultancy
Computer programming
Organising access to computer networks
Operating electronic databases, in particular the gathering, storage and processing of data and information by means of electronic devices
Technological consultancy
Computer software installation and maintenance
Rental of electronic data processing equipment
Consultancy and support for the purpose of familiarisation with the Internet, the aforesaid services not in connection with catering.