The trademark application BIRKENSTOCK was filed by Birkenstock IP GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 17, 2020, and it was registered by office on November 25, 2020 without any oppositions.
It was designated 'Basic Application' for International Application 1551703 at the World Intellectual Property Organization (WIPO).
The application was filed in German (English was selected as the second language).
A transfer of the trademark registration was recorded on May 20, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 13, 2022. Deletion of the representative of the trademark registration was recorded on July 19, 2022.
Goods And Services
The mark was filed in class 2 with Dyes, colourants, pigments and ink, in particular with a biological base, in particular varnishes, lacquers, shoe dyes, stains for use on leather, mordants, mordants for leather, ink for leather, natural colourants and Preparations for preventing the deterioration of wood..
The mark was filed in class 3 with following description of goods:
Toiletries, And in particular soap, Perfumery, Deodorants and anti-perspirants for personal use, Preparations for cleaning and for care of skin, Cosmetics, Dermatological creams [other than medicated], Beauty lotions, Exfoliating scrubs for cosmetic purposes, Cleaning preparations for personal use, Non-medicated foot cream, Oils for toilet purposes
Essential oils and aromatic extracts
Cleaning and fragrancing preparations, In particular leather and shoe cleaning and polishing preparations, impregnating agents and degreasing preparations for footwear, Shoe polish and creams, Soap for shoes, lotion for shoes, Shoe sprays, Foam for shoes, shoe preparations for removing pressure points in shoes (included in class 3), deodorants for shoes, Impregnating sprays, Impregnating creams, impregnating lotions and impregnating gels, Polishing spray, Polishing gels, Polishing creams and Polishing soaps, Leather creams, Gels for leather, sprays for leather, lotions for leather and Leather soaps, Wax water-proofer, wax highlighter, wax shine spray, wax shine lotion and wax shine gel, Shoe wax.
The mark was filed in class 5 with Foot impression materials and foot impression foams.
The mark was filed in class 9 with following description of goods:
Optical devices, enhancers and correctors, Namely sunglasses, eyeglasses, Spectacle frames and cases, Eyewear pouches
Information technology and audio-visual, multimedia and photographic devices, In particular data processing apparatus and equipment and accessories (electric and mechanical), Namely bags adapted for laptops, bags adapted for tablets and mobile telephones, Bags for cameras and photographic equipment
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Medical apparatus and instruments
Medical furniture and bedding, equipment for moving patients
Medical clothing
Orthopaedic aids, Mobility aids, In particular orthopaedic footwear and the aforesaid for rehabilitation, for foot gymnastics and therapy and for other medical purposes and parts thereof (including orthopaedic shoes, sandals and slippers, shoes with orthopaedic footrests, orthopaedic supports for feet and shoes, orthopaedic and orthotic insoles, orthopaedic foot and shoe insoles and parts thereof, including components of shoes and shoe inserts, for orthopaedic shoe adaptation, insert blanks, pads, heel and joint wedges, adapters, cushions, foam padding, foam pads, arch supports, fully plastic insoles with orthopaedic foot beds)
Parts and accessories for all the aforesaid goods, included in this class, In particular upholstery fabrics and materials for padding for orthopaedic insoles, cork tiles for orthopaedic shoes.
The mark was filed in class 11 with Heated blankets and heated cushions, not for medical purposes and Parts and accessories for all the aforesaid goods, included in this class..
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter, in particular photographs, Posters
Stationery and educational supplies
Bags, pouches and goods of paper, cardboard or plastic for packaging, wrapping and storage, in particular packaging material of paper or plastic, cardboard packaging, collapsible cardboard boxes
Writing tablets.
The mark was filed in class 17 with Unprocessed and semi-processed materials, not designed for a specific use, included in this class, namely synthetic and composite materials, cork, granulated cork, granulated cork EVA composite materials, cork EVA composite materials, EVA composite materials, plastic foam for use in the production of shoes, shoe inserts and parts of shoes.
The mark was filed in class 18 with following description of goods:
Umbrellas and parasols
Luggage, bags, wallets and other carriers
Leather and imitation leather, pelts and hides, and goods made thereof, Namely belts (clothing), Leather and imitations of leather for belts, lashes, Laces, Curried skins, Furniture coverings of leather, Leather for furniture, Leather for shoes, Boxes made of leather, Document cases of leather, Card holders made of leather, Sheets of leather for use in manufacture, Hat bags, map holders, Packaging containers, Key cases, Labels, Shopping bags and carrier bags, Coin boxes
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 19 with Building and construction materials and elements, not of metal, in particular floor coverings of wood or stone, parquet flooring, parquet floor boards, flooring underlay made of cork and/or laminate and/or plastic elements and/or cork, laminate, laminate flooring, tiles, not of metal, wooden flooring, floors, not of metal, laths, not of metal, floor panels of plastic, vinyl floor coverings for forming a floor, building materials of wood and Unprocessed and semi-processed materials, not being designed for a specific use, included in this class, namely wood and imitations of wood, artificial wood, compressed cork..
The mark was filed in class 20 with Furniture and furnishings, In particular beds, Bedside tables, Tables and chairs, Easy-chairs, Baskets, non-metallic, Bed bases, Chests of drawers, Cupboards, Head-rests [furniture], Dressing tables, Sideboards, Sofas, Bedding, except linen, mattresses, Cushions and bolsters, Mirrors, picture frames and Parts and accessories for all the aforesaid goods, included in this class..
The mark was filed in class 21 with following description of goods:
Household utensils for cleaning, brushes and brush-making materials, Namely brushes for shoes, Articles for cleaning purposes
Articles for the care of clothing and footwear, Namely boot jacks and shoe horns, Shoe polishing apparatus, shoe trees and stretchers, Boot trees [stretchers], Shoe cloths, Shoe shine cloths, Shoe horns, Wax-polishing appliances, non-electric, for shoes
Cosmetic and toilet utensils, Namely hairbrushes, Combs, Cosmetic and beard brushes, Toiletry kits
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 22 with padding and stuffing materials [except of paper, cardboard, rubber or plastics] and Parts and accessories for all the aforesaid goods, included in this class..
The mark was filed in class 23 with Threads and yarns, in particular for orthopaedic insoles, headgear, caps being headwear, clothing, belts, neck scarves (mufflers), socks, footwear, insoles, bags.
The mark was filed in class 24 with Textile material, In particular fabrics for making shoes and insoles for shoes, fabric for shoes and insoles for shoes, Coated fabrics, Coated woven textile materials, Cotton fabrics, Flocked fabrics, Printed cloth, Synthetic textile material and Textile goods, and substitutes for textile goods, In particular textiles for shoes and insoles for shoes, Felt and Felt cloth, Non-woven fabrics, Non-woven textile fibres, Non-woven fabrics for use with linings, Comforters, Duvet covers, Table covers, Household textiles, Shower curtains of textile, Sanitary flannel, Wall hangings of textile..
The mark was filed in class 25 with following description of goods:
Headgear (especially caps)
Clothing, In particular belts, Neck scarves [mufflers], Socks
Parts and accessories for all the aforesaid goods, included in this class, In particular soles, Outsoles, Inner soles, moulded inner soles, heel and build-up wedge pieces, cork footbeds, repair wedge strips, outer sole pieces, midsole pieces, toe separators, covers and cover materials for footbeds.
The mark was filed in class 26 with Clothing accessories and footwear, sewing articles and decorative textile articles, in particular buckles (clothing accessories) and mandrel buckles, lace and embroidery, tapes and laces (except embroidery laces), buttons, hooks and eyelets, needles, ornamental novelty badges (buttons), patches, haberdashery (other than threads), shoe ornaments, not of precious metal, shoe trimmings.
The mark was filed in class 27 with following description of goods:
Floor coverings and artificial ground coverings, Namely carpets, Rugs, mats and matting, Linoleum and other material for covering existing floors, Floor coverings of vinyl, floor coverings (top floors), Floor coverings being floorboards for laminated floors
Wall and ceiling coverings, wall hangings (non-textile)
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Professional business consulting
Marketing advice
Commercial services and consumer information, namely auctioneering, rental of automatic vending machines, brokerage, organising business contacts, collective buying, commercial evaluation, preparation of competitions, agency business, import and export services, negotiation and brokerage, ordering, price comparison, procurement services, for others, subscription services
Retailing and wholesaling relating to dyes, colourants, pigments and ink (in particular with a biological base, in particular varnishes, lacquers, shoe dyes, stains for use on leather, mordants, mordants for leather, ink for leather, natural colourants), wood preservatives, preparations for body care (in particular soaps, perfumery, deodorants and anti-perspirants for personal use, preparations for cleaning and care of skin, cosmetics, dermatological creams (other than for medical purposes), beauty lotions, exfoliating scrubs for cosmetic purposes, cleaning preparations for personal use, foot creams, not for medical purposes, oils for cosmetic purposes), essential oils and aromatic extracts, cleaning and fragrancing preparations (in particular leather and shoe cleaning and polishing preparations, impregnating agents and degreasing preparations for footwear, shoe creams, soap for shoes, lotion for shoes, shoe sprays, foam for shoes, foam for shoes, shoe preparations for removing pressure points in shoes, deodorants for shoes, impregnating sprays, impregnating creams, impregnating lotions and impregnating gels, spray polishes, polishing gels, polishing creams and polishing soaps, creams for leather, gels for leather, sprays for leather, lotions for leather and skinsoaps, wax water-proofer, wax highlighter, wax shine spray, wax shine lotion and wax shine gel, shoe wax, grease for footwear, grease for leather), foot impression materials and foot impression foam, optical devices and equipment, enhancers and correctors (namely spectacles, sunglasses, spectacle frames, spectacle cases, spectacle pouches), information technology, audiovisual, multimedia and photographic equipment (in particular data processing equipment and equipment and accessories (electrical and mechanical), namely bags adapted for laptops, bags adapted for tablets and mobile telephones, bags adapted for cameras and photographic equipment), parts and fittings for all the aforesaid goods, physical therapy equipment, medical apparatus and instruments, medical furniture and bedding , equipment for moving patients, medical clothing, orthopaedic aids, mobility aids (in particular orthopaedic footwear and the aforesaid for rehabilitation, for foot gymnastics and therapy and for other medical purposes and parts thereof (including orthopaedic shoes, sandals and slippers, shoes with orthopaedic footrests, orthopaedic supports for feet and shoes, orthopaedic and orthotic insoles, orthopaedic foot and shoe insoles and parts thereof, including components of shoes and shoe inserts, for orthopaedic shoe adaptation, insert blanks, pads, heel and joint wedges, adapters, cushions, foam padding, foam pads, arch supports, fully plastic insoles with orthopaedic foot beds)), parts and fittings for aforesaid goods, (in particular upholstery fabrics and materials for padding for orthopaedic insoles, cork tiles for orthopaedic shoes), electric blankets and heating pads, not for medical purposes, parts and fittings for all the aforesaid goods, paper and cardboard, printed matter (in particular photographs, posters), paper goods and stationery and instructional and teaching materials, bags, pouches and goods of paper, cardboard or plastic for packaging, wrapping and storage, in particular packaging material of paper or plastic (cardboard packaging, collapsible cardboard boxes), unprocessed and semi-processed materials, not designed for a specific use (namely synthetic and composite materials, cork, granulated cork, granulated cork EVA composite materials, cork EVA composite materials, EVA composite materials, plastic foam for use in the production of shoes, shoe inserts and parts of shoes), umbrellas and parasols, luggage, bags, pocket wallets and other carrying cases, leather and imitations of leather, furs and animal skins and goods made therefrom (namely, straps, belts, lashes, twines, tanned leather, furniture coverings of leather, leather for furniture, leather for shoes, boxes of leather, document wallets of leather, card holders of leather, packaging containers, golf bag tags, cases for holding keys, labels, shopping bags, writing tablets, pouches, coin cases), parts and fittings for all the aforesaid goods, building and construction materials and elements, not of metal (in particular floor coverings of wood or stone, parquet flooring, parquet floor boards, flooring underlay made of cork and/or laminate and/or plastic elements and/or cork, laminate, laminate flooring, tiles, not of metal, wooden flooring, floors, not of metal, laths, not of metal, floor panels of plastic, vinyl floor coverings for forming a floor, building materials of wood), unprocessed and semi-processed materials, not being designed for a specific use, included in this class, (namely wood and imitations of wood, artificial wood, compressed cork), furniture and fixtures (in particular beds, nightstands, tables, seats, arm chairs, baskets, not of metal, bed bases, chests of drawers, cupboards, head rests (furniture), dressing tables, sideboards (furniture), sofas, bedding, other than bed linen, matrasses, cushions and pads, mirrors (looking glasses), picture frames), parts and fittings for all the aforesaid goods, household utensils for cleaning, brushes and brush-making materials (namely brushes for shoes, articles for cleaning purposes), articles for the care of clothing and footwear (namely boot jacks, shoe horns, shoe polishers, shoe-trees and stretchers, boot trees, shoe shine cloths, shoe polishing cloths, shoehorns, shoe polishers, nonelectric), cosmetics and toilet utensils (namely hairbrushes, combs, make-up brushes, shaving brushes, toiletry kits), parts and fittings for all the aforesaid goods, padding and stuffing materials, other than paper, cardboard, rubber or plastics, parts and fittings for all the aforesaid goods, threads and yarns (in particular for orthopaedic insoles, headgear, caps being headwear, clothing, belts, neck scarves (mufflers), socks, footwear, insoles, bags), textile material (in particular fabrics for making shoes and insoles for shoes, fabric for shoes and insoles for shoes, coated fabrics, coated woven textile materials, cotton fabrics, flocked fabrics, printed textile piece goods, synthetic textile material), textile goods and substitutes for fabrics (in particular textiles for shoes and footwear insoles, felt and felt cloth, fleece, non-woven textile fibres, non-woven fabrics for use with linings, bed linen, bed blankets, duvet covers, table covers, home textiles, shower curtains of textile, sanitary flannel, wall hangings of textile), headgear (in particular caps being headwear), clothing, (in particular belts, neck scarves (mufflers), socks), footwear (in particular shoes, sports shoes, lace-up shoes, flat shoes, sneakers, deck shoes, slippers, bath slippers, sandals, clogs, boots), parts and fittings for all the aforesaid goods, (in particular insoles, outsoles, deck soles, shaped soles, heel wedge and build-up wedge sheets, foot beds of cork, repair wedge strips, outsole sheets, midsole sheets, flip-flops, covers and upholstery covers for foot beds), clothing accessories and footwear, sewing articles and decorative textile articles, (in particular buckles (clothing accessories) and mandrel buckles, lace and embroidery, tapes and laces (except embroidery laces), buttons, hooks and eyelets, needles, ornamental novelty badges (buttons), patches, haberdashery (other than threads), shoe ornaments, not of precious metal, shoe trimmings), floor coverings and artificial ground coverings (namely carpets, door mats, mats, rugs, linoleum and other materials for covering floors, vinyl floor coverings, carpet tiles for covering floors, floor coverings being floorboards for laminate floors), wall and ceiling coverings (namely wallpaper (other than of textile material)), parts and fittings for all the aforesaid goods.
The mark was filed in class 36 with Real estate services, Real estate affairs, in particular, Real estate management, Real estate consultancy, Arranging letting of real estate, Real estate procurement for others, Real estate management services relating to office premises.
The mark was filed in class 37 with Repair of orthopaedic insoles, footwear and parts thereof, bags, belts, clothing, insoles, furniture and Providing of information relating to the repair of orthopaedic insoles, footwear and parts thereof, bags, belts, clothing, insoles, furniture..
The mark was filed in class 40 with Treatment and processing of materials, namely shoe staining, staining of leather and imitations of leather, textile dyeing, cloth dyeing, treatment of materials for making orthopaedic insoles, footwear and parts thereof, bags, belts, clothing, insoles, furniture.
The mark was filed in class 41 with following description of goods:
Training, education, entertainment and sport services, namely organising and arranging conferences, congresses, conventions, seminars, workshops, conducting of seminars in the field of health and medicine
Publishing and reporting, Namely publication of printed matter (including in electronic form), Providing electronic, non-downloadable publications online (other than for advertising purposes)
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 43 with Providing temporary accommodation, namely providing food and drink, Hotel services, Temporary accommodation reservations and Consultancy and information in relation to the aforesaid services, included in this class..
The mark was filed in class 44 with Human hygiene and beauty care, In particular health counselling in the field of footwear, Podiatry, foot care and foot treatments and Consultancy and information in relation to the aforesaid services, included in this class..
The mark was filed in class 45 with Licensing of industrial property rights and copyright and Issuing licences for franchising concepts..