The trademark BlumeX was filed by BLUME2000 SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 26, 2020, and received one opposition filed on March 31, 2020 by Blumixx GmbH on Likelihood of confusion. the opponent was represented by NAHME & REINICKE RECHTSANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 31, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Manures
Chemicals used in agriculture, horticulture
Potting soil
Peat.
The mark was filed in class 4 with following description of goods:
Candles and wicks for lighting
Beeswax
Fuel oil
Christmas lights [candles]
Perfumed candles
Perfumed candles.
The mark was filed in class 8 with Hand tools and implements (hand-operated), In particular pruning saws, Pruning shears, Axes, Tree pruners, Pruning scissors, Gardening tools, Rakes, Fruit-pickers, Trowels [gardening], weed diggers, Thistle extirpators [hand tools].
The mark was filed in class 16 with following description of goods:
Packaging made of paper or plastic
Fiberboard boxes
Bags (envelopes, pouches) of paper or plastic, for packaging
Table linen of paper
Cellulose products for packaging
Books
Holiday cards.
The mark was filed in class 20 with following description of goods:
Picture frames
Busts of wood, wax, plaster or plastic
Clothes hooks, not of metal
Hooks, not of metal, for clothes rails
Cushions
Door handles, not of metal
Stands for flower baskets
Inflatable publicity objects
Mobiles [decoration]
Nesting boxes
Plaited straw, except matting
Statues of wood, wax, plaster or plastic
Figurines [statuettes] of wood, wax, plaster or plastic
Racks
Wind chimes [decoration]
Works of art of wood, wax, plaster or plastic.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Sponges
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware
Mugs
Containers for household or kitchen use
Painted glassware
Holders for flowers and plants
Flower pot covers
Flower pots
Bread boards
Bread bins
Busts of china, terra-cotta or glass
Butter dishes
Butter-dish covers
China ornaments
Egg cups
Buckets
Jars (Glass -) [carboys]
Ice buckets
Enamelled glass, not for building
Cruets
Oil cruets
Bottles
Moulds [kitchen utensils]
Household or kitchen vessels
Boxes of glass
Coffee grinders, hand-operated
Mills for household purposes, hand-operated
Household utensils
Coffee services [tableware]
Pitchers
Decanters
Cheese-dish covers
Cookie jars
Ceramics for household purposes
Candlesticks
Candlesticks
Cooking pot sets
Cooking utensils, non-electric
Baskets for household purposes
Cake moulds
Kitchen utensils
Kitchen utensils
Works of art, of porcelain, terra-cotta or glass
Candlesticks
Fruit presses, non-electric, for household purposes
Strainers
Coffee pots
Fruit cups
Cups of paper and plastic
Waste paper baskets
Perfume vaporizers
Picnic baskets (Fitted -), including dishes
Press-out moulds for cookies and biscuits
Porcelain ware
Salt shakers
Shoe horns
Trivets [table utensils]
Soap holders and soap dishes
Napkin rings
Trays for household purposes
Hip flasks
Cups
Teapots
Tea services [tableware]
Plates
Vanity cases
Potholders
Drinking vessels
Vases
Bird baths
Feeding troughs
Gardening gloves
Cosmetic powder compacts
Watering cans
Sugar bowls.
The mark was filed in class 26 with Artificial flowers and plants and wreaths made therefrom, ribbons, containers, decorations and/or arrangements.
The mark was filed in class 28 with following description of goods:
Games
Toys
Gymnastic articles
Sporting articles
Rods for fishing
Building games
Building blocks [toys]
Bingo cards
Board games
Ornaments for Christmas trees, except illumination articles and confectionery
Checkers [games]
Kites
Costume masks
Shuttlecocks
Remote-controlled vehicles (toys)
Fitness exercise machines
Games (Apparatus for -)
Parlour games
Bells for Christmas trees
Decorations for Christmas trees
Gymnastic articles
Gloves for games
Horseshoe games
Kaleidoscopes
Card games
Games skittles
Candle holders for Christmas trees
Landing nets for anglers
Explosive bonbons [Christmas crackers]
Confetti
Spinning tops [toys]
Balloons
Puppets
Masks [playthings]
Mobiles [toys]
Scale model kits [toys]
Marbles
Paper party hats
Piñatas
Stuffed toys
Plush toys
Dolls
Doll houses
Puzzles
Swings
Party favors
Toys for domestic pets
Teddy bears
Theatrical masks.
The mark was filed in class 29 with following description of goods:
Vegetable salads
Processed sweet potatoes
Dates
Edible dried flowers
Edible dried fungus
Dried fruits and vegetables
Edible seeds
Lentils, preserved
Crystallized fruits
Fruit jellies
Compotes
Jams
Fruit-based snack food
Oils for food.
The mark was filed in class 30 with following description of goods:
Processed herbs
Dried herbs
Fruit sauces
Spices
Sauces.
The mark was filed in class 31 with following description of goods:
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Sales promotion for others
Market research
Arranging contracts for third parties for the provision of services also via the Internet and by mail
Professional business consultancy for franchise concepts
Product demonstrations and product display services
Presentation of goods and services
Preparing audio-visual presentations for use in advertising
Advertising
Advertising services provided for florists
Computerised business promotion
Online advertisements
Provision of information relating to advertising
Advertising and marketing
Publicity columns preparation
Promotion [advertising] of business
Business promotion
Business administration
Office functions
Business support services
Providing marketing information via websites
Advertising of business web sites
On-line promotion of computer networks and websites
Business management
Business management assistance in the field of the sale of goods and sales promotion
Arranging the demonstration of goods
Distribution of samples for advertising purposes
Wholesaling and retailing of goods in the agricultural and horticultural products market, including via the internet and by mail order
Arranging of contacts for commercial purposes, including via the internet and by post
Auctioning of goods and services
Marketing studies
Business assistance in the context of franchising
Wholesaling and retailing, including via the internet and by mail order, of the goods manure, chemicals for agriculture, horticulture, potting soil, peat
Wholesaling and retailing, including via the internet and by mail order, of the goods candles and wicks for lighting purposes, beeswax, fuel oils, Christmas tree candles, scented candles, perfumed candles
Wholesaling and retailing, including via the internet and by mail order, of the goods pruning saws, secateurs, hatchets, tree cutters, secateurs, garden tools, rakes, fruit pickers, plant lifters, weed rakes, weeders
Wholesaling and retailing, including via the internet and by mail order, of the goods packaging made of paper or plastic, packaging materials made of cardboard, packaging bags or pouches made of paper or plastic, table linen made of paper, cellulose for packaging, books, greeting cards
Wholesaling and retailing, including via the internet and by mail order, of the goods picture frames, busts made of wood, wax, plaster or plastic, coat hooks, not made of metal (furnishing articles), coat hooks, not made of metal, cushions, door handles (not made of metal), stands for flower baskets, inflatable advertising articles, mobiles (decorative objects), nesting boxes, plaited straw (excluding mats), statues made of wood, wax, plaster or plastic
Wholesaling and retailing, including via the internet and by mail order, of the goods figures (statuettes) made of wood, wax, plaster or plastic, shelves, windchimes (decorative items), works of art made of wood, wax, plaster or plastic
Wholesaling and retailing, including via the internet and by mail order, of the goods equipment and containers for household and kitchen, sponges, raw or semi-worked glass (other than building glass), glassware, porcelain ware and earthenware, mugs, containers for household and kitchen, painted glassware, plant and flower holders, flower pot covers, flower pots, bread boards, bread bins, busts made of porcelain, ceramics, earthenware or glass, butter dishes, butter-dish covers
Wholesaling and retailing, including via the internet and by mail order of the goods chinoiserie made of porcelain, egg cups, buckets of all kinds, preserving jars, ice buckets, enamelled glass, not for building, vinegar and oil jugs, vinegar and oil racks, bottles, moulds (kitchenware), household and kitchen jars, glass containers, hand-operated coffee grinders, hand-operated mills for household purposes, household appliances, coffee service (tableware), pots and jugs, decanters
Wholesaling and retailing, including via the internet and by mail order of the goods cheese covers, biscuit tins, household ceramics, candlesticks, candle holders, cookware, cooking utensils, household baskets, cake forms, kitchen utensils, kitchenware, works of art made of porcelain, ceramics, earthenware or glass, candlesticks, non-electric fruit presses for household purposes, coffee filter apparatus, coffeepots, fruit bowls, paper and plastic cups
Wholesaling and retailing, including via the internet and by mail order of the goods soap holders and soap dishes, napkin rings, household trays, flasks, cups, teapots, tea sets (tableware), plates, toilet cases, potholders, drinking vessels, vases, bird baths, feeding troughs, gardening gloves, powder boxes, watering cans, sugar bowls
Wholesaling and retailing, including via the internet and by mail order, of the goods Easter and Christmas decorations
Wholesaling and retailing, including via the internet and by mail order, of the goods artificial flowers and plants and wreaths made therefrom, ribbons, packages, decorations and/or arrangements
Wholesaling and retailing, including via the internet and by mail order, of the goods games, toys, gymnastic articles, sporting articles, rods for fishing, construction sets (toys), building blocks (toys), bingo cards, board games, Christmas tree decorations (excluding apparatus for lighting and confectionery), draughts (games), kites, carnival masks, badminton balls, remotely controlled vehicles (toys), physical exercise apparatus, games apparatus, board games
Wholesaling and retailing, including via the internet and by mail order of the goods Christmas tree bells, Christmas tree ornaments, gymnastic and gym equipment, gloves (accessories for games), horseshoe games, kaleidoscopes, card games, cones (games), candlesticks for Christmas trees, landing nets, pops, confetti, spinning tops (toys), balloons (toys), puppets, masks (toys), mobiles (toys)
Wholesaling and retailing, including via the internet and by mail order of the goods model kits (toys), marbles, paper party hats, piñatas, stuffed toys, plush animals, dolls (toys), doll houses, puzzles, swings, joke articles, pet toys, teddy bears, theatre masks
Wholesaling and retailing, including via the internet and by mail order, of the goods vegetable salad, sweet potatoes, dates, edible dried flowers, edible dried mushrooms, dried fruits and vegetables, edible seeds, lentils, candied fruit, fruit jellies, compotes, jams, fruit snacks, edible oils
Wholesaling and retailing, including via the internet and by mail order, of the goods biscuits, cookies, confectionery, tarts, cakes, chocolate, chocolate goods, chocolates, salt and pretzels, tea, coffee, sauces, spice pastes, salt, processed herbs, dried herbs, fruit sauces, spices, sauces
Wholesaling and retailing, including via the internet and by mail order, of the goods bulbs, plants, allspice [plants], plant bulbs, trees[plants], flowering plants plants [living], natural plants, germs [plants], fresh plants, plants [seedlings], raw herbs, fresh herbs, unprocessed herbs, potatoes unprocessed potatoes, fresh potatoes, fresh sweet potatoes
Wholesaling and retailing, including via the internet and by mail order, of the goods salad plants, live salad, fresh salad vegetables, fresh green salad, fresh carrots, vegetable seeds, seeds, agricultural, horticultural and forestry products, natural flowers and cut flowers, Christmas trees, shrubs, seedlings, pine cones, unprocessed vegetables, fresh fruits and vegetables, fresh nuts and herbs
Wholesaling and retailing, including via the internet and by mail order, of the goods beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages
Wholesaling and retailing, including via the internet and by mail order, of the goods alcoholic beverages, sparkling wine, spirits, wines.
The mark was filed in class 38 with following description of goods:
Telecommunications
Providing access to websites on the internet and via other communications networks
Providing access to platforms, portals and databases
Providing access to software on data networks
Providing access to databases
Providing of access to and transmission of data, images, graphics and videos via electronic media, Providing access to online information, providing access to interactive information
Electronic message and image sending
Providing access to databases and directories via communications networks for retrieving data, in particular data relating to plants, flowers, nuts, fruits and vegetables
Providing access to internet platforms relating to social networks, providing access to internet platforms in relation to plant, flower, nut, fruit and vegetable information
Providing temporary access to databases and providing temporary access to software
Providing access to software for social networking.
The mark was filed in class 39 with Delivery of flowers, bouquets and flower arrangements, wreaths and floral and plant decorations and Delivery of gift baskets with selected items..
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Arranging and conducting of festivals and events (entertainment)
Conducting courses, seminars and workshops also via internet, telephone call centres and hotlines
Publishing and reporting, Publication of printed matter and printed publications, Publication of printed matter in electronic form, On-line publishing services
Multimedia publishing.
The mark was filed in class 44 with Making bouquets of flowers, Preparation of bouquets and bunches of flowers, wreaths and flower and plant decorations and Gardening and garden design consultancy, Wreath making..
The mark was filed in class 45 with following description of goods:
Consultancy in the field of personal gift ideas, including via the internet, telephone call centres and hotlines
Personal wardrobe styling consultancy
Maintaining of marriage and other gift lists to select gifts for others.