The trademark ÖTZI was filed by Ui Phoenix Kerbl, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on March 5, 2020, and received one opposition filed on June 7, 2020 by Friedle, Gerhard on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DR. ROBERT GALLER & DR. RUDOLF HÖPFLINGER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1559/2021-2 was Application partially rejected according to Article 180(3) EUTMR with decision issued on June 9, 2022 by the EUIPO. The Opposition with reference B 003123521 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 14, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Toiletries.
The mark was filed in class 14 with Gemstones, pearls and precious metals, and imitations thereof.
The mark was filed in class 19 with Statues and works of art made of materials such as stone, concrete and marble, included in the class.
The mark was filed in class 21 with Crockery, cooking pot sets and Unworked and semi-worked glass, not specified for use..
The mark was filed in class 22 with Padding and stuffing materials.
The mark was filed in class 25 with Footwear.
The mark was filed in class 29 with following description of goods:
Meat
Dairy products and dairy substitutes
Processed fruits, fungi and vegetables (including nuts and pulses).
The mark was filed in class 32 with Brewery products.
The mark was filed in class 42 with following description of goods:
Design services
Science and technology services
IT services
Testing, authentication and quality control.
The mark was filed in class 43 with following description of goods:
Animal boarding
Temporary accommodation information, advice and reservation services
Information, advice and reservation services for the provision of food and drink
Rental of furniture, linens, table settings, and equipment for the provision of food and drink