The trademark Apache was filed by Volkan Yaman, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 29, 2020, and received one opposition filed on December 9, 2020 by APACHE MEDIA GROUP, S.L. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 9, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The application claimed as seniority of the Federal Republic of Germany trademark 3020180219116 and filed on September 10, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Perfumes
Oils for perfumes and scents
Perfumed soaps
Oils for perfumes and scents
Perfumery
Extracts of perfumes
Perfumed toilet waters
Cosmetics
Cosmetics containing keratin
Cosmetics containing hyaluronic acid
Cosmetics containing panthenol
Cosmetics for children
Decorative cosmetics
Organic cosmetics
Natural cosmetics
Non-medicated cosmetics
Hair preparations and treatments
Hair care masks
Hair grooming preparations
Cosmetic hair dressing preparations
Hair nourishers
Skin care preparations
Skin care oils [cosmetic]
Skin care creams [cosmetic]
Cosmetic preparations for skin care
Deodorants for human beings or for animals
Cosmetic kits
Hair lotions
Hair spray
Hair rinses [shampoo-conditioners]
Shaving preparations
Shaving soap
Cleansing milk for toilet purposes
Shampoos
Toiletries
Toilet soap
Dry shampoos.
The mark was filed in class 9 with following description of goods:
Music tapes
Music software
Juke boxes, musical
Music headphones
Musical cassettes
Musical sound recordings
Musical sound recordings
Musical video recordings
Prerecorded music videos
Musical cassettes
Juke boxes, musical
Musical instrument connectors
Downloadable musical sound recordings
Digital music players
Portable music players
Downloadable digital music
Audio recordings
Sound recorders
Audio mixing consoles
Downloadable video recordings
Downloadable video recordings featuring music
Blank CD-ROMs for sound or video recording
Audio apparatus
Audio tapes
Sound recording carriers
Audio mixing apparatus
Clay slabs
Audio cassettes
Audio mixing consoles
Tape recorders
Amplifiers
Sound locating instruments
Sound processors
Sound mixing apparatus
Audio switching apparatus
Video telephones
Image intensifiers
Phototelegraphy apparatus
Video mixers
Image processors
Picture projectors
Image synthesizers
Monitors
Image stabilisers
Software
Computer software packages
Games software
Downloadable software
Games software
Assistive software
Adaptive software
Software suites
Interactive software
Smartbands
Smartphones
Smartwatches
Smart rings
Wearable smart phones
Cases for smartphones
Covers for smartphones
Leather cases for smartphones
Displays for smartphones
Operating system programs for smartphones
Chargers for smartphones
Software for smartphones
Programs for smartphones
Spectacles
Spectacle cases
Spectacle temples
Spectacle holders
Spectacle lenses
Spectacle chains
Eyewear pouches
Spectacle straps
Spectacle cords
Spectacle frames
Spectacle frames
Eyeglass shields
Eyewear cases
Optical glasses
Polarizing spectacles
Spectacles
3D spectacles
Eyewear
Spectacle cases
Sunglasses
Cases for sunglasses
Fashion sunglasses
Straps for sunglasses
Lenses for sunglasses
Cases for sunglasses
Glasses, sunglasses and contact lenses
Protective films adapted for smartphones
Answering machines
Respiratory masks, other than for artificial respiration
Respirators for filtering air
Compact disc players
Computer keyboards
Decorative magnets
Electronic book readers
Equalizers [audio apparatus]
Television apparatus
Film cameras
Filters for use in photography
Connected bracelets [measuring instruments]
Cameras [photography]
Computer programs, recorded
Computer software, recorded
Downloadable emoticons for mobile phones
Downloadable graphics for mobile phones
Computer software applications, downloadable
Covers for tablet computers
Humanoid robots with artificial intelligence
Earpieces for remote communication
Cassette players
Downloadable ring tones for mobile phones
Headsets
Body harnesses for support when lifting loads
Chargers for electronic cigarettes
Sleeves for laptops
Laptop computers
Bags adapted for laptops
Loudspeakers
Cabinets for loudspeakers
Mouse [computer peripheral]
Mouse pads
Microphones
Mobile telephones
Neon signs
Record players
Cell phone straps
Phonograph records
Protective masks
Selfie sticks [hand-held monopods]
Lens hoods
Goggles for sports
Subwoofers
Tablet computers
Sound reproduction apparatus
Wearable portable media players
Personal stereos
USB flash drives
Virtual reality headsets
Wearable computers
Animated cartoons
Other than the aforesaid goods in direct connection with betting and gambling.
The mark was filed in class 14 with following description of goods:
Jewels
Jewellery boxes
Jewellery rolls
Paste jewellery
Jewel pendants
Jewellery boxes
Gems
Cases [fitted] for jewels
Jewellery
Jewellery made of bronze
Jewellery made of precious metals
Jewellery made from silver
Gold jewellery
Jewellery made of crystal
Key chains as jewellery [trinkets or fobs]
Cases [fitted] for jewels
Imitation jewellery ornaments
Amulets [jewellery]
Charms for key rings
Pins [jewellery]
Bracelets [jewellery]
Bracelets made of embroidered textile [jewellery]
Wristwatches
Atomic clocks
Jewellery of yellow amber
Brooches [jewellery]
Busts of precious metal
Chronographs [watches]
Diamonds
Clocks and watches, electric
Ivory jewellery
Figurines of precious metal
Necklaces [jewellery]
Chains [jewellery]
Works of art of precious metal
Alloys of precious metal
Lockets [jewellery]
Coins
Earrings
Presentation boxes for watches
Rings [jewellery]
Key rings [split rings with trinket or decorative fob]
Retractable key rings
Jewellery
Statues of precious metal
Watches
Clocks
Watch bands
Alarm clocks
Hat jewellery
Shoe jewellery
Split rings of precious metal for keys.
The mark was filed in class 16 with following description of goods:
Paper
Conical paper bags
Papier mâché
Paper tapes
Pads [stationery]
Banners of paper
Flags of paper
Towels of paper
Paper emblems
Paper sacks
Paper emblems
Paper hangtags
Face towels of paper
Handkerchiefs of paper
Paper stationery
Table napkins of paper
Paper handtowels
Paper boxes
Tablemats of paper
Paper bows, other than haberdashery or hair decorations
Paper boxes
Labels of paper
Labels of paper
Paper badges
Adhesive labels
Writing tablets
Stickers [stationery]
Cards
Printed charts
Printed cards
Gift wrap cards
Tickets
Printed event admission tickets
Printed tickets
Flyers
Prospectuses
Pamphlets
Printed brochures
Periodicals
Printed periodicals
Magazines [periodicals]
General feature magazines
Magazine supplements for newspapers
Albums for stickers
Stickers [stationery]
Stickers [stationery]
Poster books
Poster magazines
Mounted posters
Posters made of paper
Calendars
Printed calendars
Photographs [printed]
Photographic albums
Music books
Music magazines
Printed music books
Music note books
Music instruction manuals
Picture books
Picture cards
Aquarelles
Banners of paper
Pictures
Pencils
Pads [stationery]
Booklets
Postage stamps
Books
Office requisites, except furniture
Comic books
Printed matter
Pencil sharpeners, electric or non-electric
Pencil sharpening machines, electric or non-electric
Labels of paper or cardboard
Bunting of paper
Flags of paper
Pens [office requisites]
Figurines of papier mâché
Bottle envelopes of paper or cardboard
Bottle wrappers of paper or cardboard
Plastic sheets for packaging
Sheets of reclaimed cellulose for wrapping
Photographs [printed]
Photo-engravings
Fountain pens
Paintings [pictures], framed or unframed
Greeting cards
Graphic representations
Graphic prints
Graphic reproductions
Engravings
Manuals [handbooks]
Stapling presses [office requisites]
Envelopes [stationery]
Index cards [stationery]
Cardboard
Catalogues
Marking pens [stationery]
Musical greeting cards
Note books
Files [office requisites]
Stationery
Paper wipes for cleaning
Posters
Placards of paper or cardboard
Portraits
Postcards
Erasing products
Rubber erasers
Loose-leaf binders
Trading cards, other than for games
Boxes of paper or cardboard
Sewing patterns
Pencil boxes
Inkstands
Writing or drawing books
Writing materials
Writing cases [sets]
Desk mats
Printed publications
School supplies [stationery]
Sealing stamps
Prints [engravings]
Embroidery designs [patterns]
Bags [envelopes, pouches] of paper or plastics, for packaging
Packaging material made of starches
Wrapping paper
Drawing pads
Newspapers
Cardboard boxes
Signboards of paper or cardboard
Other than the aforesaid goods in direct connection with betting and gambling.
The mark was filed in class 21 with following description of goods:
Cups
Mugs made of earthenware
Glass mugs
China mugs
Cups of precious metal
Cups, not of precious metal
Mugs
Tumblers
Cup holders
Cup lids
Mug trees
Tumblers
Porcelain mugs
Mugs made of ceramic materials
Mugs made of earthenware
China mugs
Cups made of pottery
Mugs, not of precious metal
Beverage coolers [containers]
Basins [receptacles]
Canister sets
Containers for dentifrices
Bins for household refuse
Containers for flowers
Cases adapted for toilet utensils
Fitted vanity cases
Cases adapted for cosmetic utensils
Combs
Comb cases
Electric combs
Brushes
Brush goods
Brush holders
Make-up brushes
Brushes for household purposes
Make-up brushes
Paper plates
Eyeglass cleaning cloths
Eyeglass cleaning cloths
Jewelry dishes
Perfume bottles
Perfume vaporizers
Buckets
Disposable table plates
Bottle openers, electric and non-electric
Figurines of porcelain, ceramic, earthenware, terra-cotta or glass
Bottles
Flasks
Boxes of glass
Glasses [receptacles]
Large-toothed combs for the hair
Heat-insulated containers for beverages
Thermally insulated containers for food
Crystal [glassware]
Cold packs for chilling food and beverages
Isothermic bags
Works of art of porcelain, ceramic, earthenware, terra-cotta or glass
Cocktail shakers
Portable cool boxes, non-electric
Cups of paper or plastic
Lunch boxes
Shaving brushes
Shoe horns
Soap dispensers
Coin banks
Statues of porcelain, ceramic, earthenware, terra-cotta or glass
Hip flasks
Table plates
Toilet utensils
Drinking bottles for sports
Drinking vessels
Drinking glasses
Tankards
Disposable table plates
Toothbrushes.
The mark was filed in class 24 with following description of goods:
Quilts of textile
Fabric for footwear
Wall hangings of textile
Table linen
Furniture coverings of textile
Textiles in the form of window furnishings
Textile materials for use in the manufacture of blinds
Wall plaques of textile
Textiles impervious to water but permeable to moisture
Towelling [textile] adapted for use in dispensers
Lingerie fabric
Lingerie fabric
Diapered linen
Bed clothes and blankets
Bed clothes and blankets
Comforters
Bed linen and blankets
Infants' bed linen
Nightdress cases of textile
Textile fabrics for making into linens
Sheets [textile]
Bath sheets
Gummed waterproof cloth
Tissues being textile piece goods
Cloths of woven textile material for washing the body [other than for medical use]
Cloths of non-woven textile material for washing the body [other than for medical use]
Make-up pads of textile for removing make-up
Towels of textile
Towels of textile
Bath towels
Bath sheets
Bath towels
Pillow shams
Cushion covering materials.
The mark was filed in class 25 with following description of goods:
Footwear
Shoes
Headscarves
Caps being headwear
Hats
Bandanas [neckerchiefs]
Suits
Babies' pants [underwear]
Layettes [clothing]
Bathing suits
Bathing trunks
Bath robes
Bath sandals
Berets
Clothing of imitations of leather
Motorists' clothing
Clothing incorporating LEDs
Paper clothing
Embroidered clothing
Visors being headwear
Boas [necklets]
Teddies [underclothing]
Boxer shorts
Brassieres
Ladies' dresses
Knickers
Knickers
Shower caps
Pocket squares
Esparto shoes or sandals
Masquerade costumes
Fingerless gloves
Fingerless gloves
Fishing vests
Hairdressing capes
Football shoes
Gabardines [clothing]
Galoshes
Money belts [clothing]
Belts [clothing]
Clothing for gymnastics
Gymnastic shoes
Half-boots
Gloves [clothing]
Slippers
Shirt yokes
Shirts
Shirt fronts
Trousers
Suspenders
Girdles
Hat frames [skeletons]
Jackets [clothing]
Jerseys [clothing]
Stuff jackets [clothing]
Skull caps
Hoods [clothing]
Kimonos
Ready-made clothing
Collars [clothing]
Neckties
Ascots
Short-sleeve shirts
Bibs, sleeved, not of paper
Bibs, not of paper
Clothing of leather
Leggings [trousers]
Underwear
Cuffs
Coats
Dressing gowns
Muffs [clothing]
Cap peaks
Footmuffs, not electrically heated
Outerclothing
Ear muffs [clothing]
Combinations [clothing]
Slippers
Paper hats [clothing]
Parkas
Pelerines
Furs [clothing]
Pelisses
Ponchos
Sweaters
Pyjamas
Cyclists' clothing
Rash guards
Rainwear
Jodhpurs
Skirts
Sandals
Sarongs
Scarves
Sleepsuits
Sleep masks
Neck tube scarves
Veils [clothing]
Wimples
Lace boots
Overalls
Aprons [clothing]
Sweat-absorbent underwear
Sweat-absorbent socks
Sweat-absorbent stockings
Sweat-absorbent underwear
Ski gloves
Skorts
Underpants
Socks
Sports shoes
Boots for sports
Sports jerseys
Sports singlets
Boots
Ankle boots
Headbands [clothing]
Shawls
Fur stoles
Beach clothes
Beach shoes
Knitwear [clothing]
Garters
Stockings
Tights
Sweaters
Jumper dresses
Tee-shirts
Turbans
Leotards
Overcoats
Uniforms
Underwear
Slips [underclothing]
Underwear
Pockets for clothing
Valenki [felted boots]
Waistcoats
Hosiery
Top hats.
The mark was filed in class 28 with following description of goods:
Games
Electronic games
Mechanical games
Darts
Hand-held units for playing electronic games
Dice
Apparatus for games
Arcade games
Role playing games
Trading cards for games
Electronic targets for game
Dolls for playing
Toy pistols
Balls for games
Miniatures for use in games
Gaming keypads
Automatic coin-operated games
Games adapted for use with television receivers
Inflatable games for swimming pools
Toys, games, and playthings
Toys
Toy sets
Toy cars
Toy furniture
Toy animals
Dolls
Playhouses for children
Toy weapons
Toy arrows
Sportballs
Sporting articles
Sports training apparatus
Sportballs
Rackets
Toy fireworks
Dolls' clothes
Cups for dice
Paper face-masks
Paper dolls
Playing cards
Musical games
Musical toys
Toy musical instruments
Toy jewellery
Parlour games
Toy figures
Toy models
Toy robots
Swimming pool air floats
Carnival masks
Bells for Christmas trees
Machines for physical exercises
Scale model vehicles
Joysticks for video games
Play balloons
Playing cards
Theatrical masks
Stuffed toys
Dolls
Puzzles
Scooters [toys]
Roller skates
In-line roller skates
Swimming kickboards
Skateboards.
The mark was filed in class 32 with following description of goods:
Cordials
Alcohol free wine
Non-alcoholic beer
Soft drinks
Non-alcoholic fruit juice beverages
Aperitifs, non-alcoholic
Non-alcoholic honey-based beverages
Non-alcoholic fruit extracts
Fruit nectars, non-alcoholic
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Non-alcoholic fruit punch
Non-alcoholic sparkling fruit juice drinks
Colas [soft drinks]
Cocktails, non-alcoholic
Carbonated non-alcoholic drinks
Smoothies
Non-alcoholic fruit juice beverages
Cider, non-alcoholic
Soft drinks
Non-alcoholic malt drinks
Non-alcoholic vegetable juice drinks
Non-alcoholic punch
Non-alcoholic grape juice beverages
Cola drinks
Low alcohol beer
Non-alcoholic soda beverages flavoured with tea
Non-alcoholic flavored carbonated beverages
Non-carbonated soft drinks
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic cocktail bases
Non-alcoholic beverages flavoured with tea
Non-alcoholic beverages containing fruit juices
Non-alcoholic beer flavored beverages
Non-alcoholic malt free beverages [other than for medical use]
Powders used in the preparation of soft drinks
Non-alcoholic drinks enriched with vitamins and mineral salts
Non-alcoholic fruit extracts used in the preparation of beverages
Non-alcoholic preparations for making beverages
Fruit-based soft drinks flavored with tea
Squashes [non-alcoholic beverages]
Non-alcoholic dried fruit beverages
Vitamin fortified non-alcoholic beverages
Beer
Beer
Imitation beer
Shandy
Craft beers
Beer-based cocktails
Lagers
Lagers
Flavored beers
Black beer [toasted-malt beer]
Beers enriched with minerals
Lagers
Alcohol free wine
Aerated water
Aerated juices
Aerated fruit juices
Carbonated mineral water
Frozen carbonated beverages
Flavoured carbonated beverages
Aerated water [soda water]
Mineral and aerated waters
Preparations for making aerated water
Preparations for making aerated water
Sports drinks.
The mark was filed in class 33 with following description of goods:
Alcoholic energy drinks
Alcoholic extracts
Alcoholic essences
Alcoholic beverages containing fruit
Alcoholic cocktail mixes
Alcoholic fruit cocktail drinks
Low-alcoholic wine
Fruit extracts, alcoholic
Alcoholic punches
Sugarcane-based alcoholic beverages
Alcoholic wines
Pre-mixed alcoholic beverages
Alcoholic beverages (except beer)
Pre-mixed alcoholic beverages, other than beer-based
Mulled wines
Alcoholic aperitif bitters
Prepared alcoholic cocktails
Alcoholic carbonated beverages, except beer
Alcoholic beverages of fruit
Fortified wines
Alcoholic tea-based beverage
Alcoholic coffee-based beverage
Alcoholic cocktails containing milk
Alcoholic preparations for making beverages
Grain-based distilled alcoholic beverages
Alcoholic beverages (except beer)
Wine
Brandy
Wine punch
Wine-based drinks
Beverages containing wine [spritzers]
Wine-based aperitifs
Prepared wine cocktails.
The mark was filed in class 35 with following description of goods:
Advertising
Online advertisements
Advertising and marketing
Advertising services relating to the provision of business
Promotion of musical concerts
Advertising for others
Advertising
Advertisement for others on the Internet
Advertising, marketing and promotional services
Promotional management of celebrities
Brand creation services (advertising and promotion)
Consultancy relating to advertising
Dissemination of advertising for others via the Internet
Advertising via electronic media and specifically the internet
Advertising services relating to the sale of personal property
Promotion, advertising and marketing of on-line websites
Marketing
Advice relating to marketing management
Brand positioning services
Product launch services
Promotional marketing
Event marketing
Sales management services
Marketing advice
Marketing consulting
Preparation of marketing plans
Advertising and marketing consultancy
On-line advertising and marketing services
Internet marketing
Advertising, marketing and promotional services
Advertising and marketing
Production of sound recordings for marketing purposes
Advertising and marketing services provided by means of social media
Development and implementation of marketing strategies for others
Distribution of advertising, marketing and promotional material
Marketing the goods and services of others
Promotional marketing services using audiovisual media
Brand creation services
Development of advertising concepts
Development of marketing strategies and concepts
Business management of musicians.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services
Provision of live entertainment
Ticket agency services [entertainment]
Popular entertainment services
Live entertainment
Live entertainment production services
Live entertainment
Live entertainment
Provision of club entertainment services
Organising of entertainment
Entertainment services provided at discotheques
Entertainment in the form of recorded music (Services providing -)
Party planning [entertainment]
Entertainer services provided by musicians
Entertainment services provided by vocalists
Entertainment by means of concerts
Organising events for entertainment purposes
Entertainment booking services
Conducting of entertainment events
Conducting of entertainment activities
Entertainer services
Organising of entertainment competitions
Arranging of entertainment shows
Live demonstrations for entertainment
Organisation of parties
Live entertainment production services
Film production for entertainment purposes
Entertainment services in the nature of organizing social entertainment events
Entertainment services provided by performing artists
Nightclub services [entertainment]
Entertainment services performed by a musical group
Entertainment services performed by a musical group
Administration [organisation] of entertainment services
Organization of shows [impresario services]
Arranging of music performances
Planning of shows
Production of sound recordings
Production of record masters
Production of sound recordings
Motion picture song production
Film production for entertainment purposes
Production of audio entertainment
Production of musical videos
Production of video recordings
Production of shows
Production of cinematographic films
Television show production
Production of television features
Production of music shows
Production of television entertainment features
Videotape production
Videotape production
Audio recording and production services
Production of music concerts
Production of pre-recorded video films
Showing of films
Exhibition of video films
Audio-visual display presentations
Arranging of displays for cultural purposes
Arranging of demonstrations for cultural purposes
Box office services
Ticket procurement services for entertainment events
Ticket procurement services for sporting events
Ticketing and event booking services
Ticket reservation and booking services for recreational and leisure events
Ticket reservation and booking services for music concerts
Ticket reservation and booking services for entertainment events
Reservation services for concert tickets
Ticket reservation for cultural events
Publication of books, magazines, almanacs and journals
Electronic online publication of periodicals and books
Publication of posters
Publication of calendars
Arranging and conducting of concerts
Presentation of musical performance
Production of music
Rehearsal [recording] studio services
Live music performances
Music performances
Live music performances
Live music performances
Orchestra services
Arranging of music performances
Directing of musical shows
Music mixing services
Recording of music
Music performances
Music composition services
Production of musical recordings
Performing of music and singing
Performing of music and singing
Entertainment services performed by a musical group
Music publishing and music recording services
Live music performances
Rental of sound recordings
Videotape production
Services for the showing of video recordings
Videotaping
Other than the aforesaid services in direct connection with betting and gambling.
The mark was filed in class 45 with following description of goods:
Legal administration of licences
Licensing industrial property rights
Licensing authority services
Copyright management
Advisory services relating to copyright
Copyright licensing
Legal services relating to copyright licensing
Copyright and industrial property rights management
Licensing of industrial property rights and copyright
Licensing of intellectual property and copyright
Management of copyright and industrial property rights for others
Exploitation of industrial property rights and copyright by licensing
Licensing of intellectual property in the field of copyrights [legal services]
Granting of licences to others for the use of industrial property rights and copyright
Legal services relating to the management and exploitation of copyright and ancillary copyright
Legal services relating to the exploitation of copyright and industrial property rights
Legal services relating to the protection and exploitation of copyright for film, television, theatre and music productions
Management and exploitation of copyright and industrial property rights by licensing for others