The trademark CIRCLE K was filed by Circle K Stores Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on February 1, 2021 by BIMBO, S.A. on Likelihood of confusion. the opponent was represented by MARCH & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 1, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 25, 2022. Appointment and Replacement of representative of the trademark registration was recorded on August 25, 2024.
The Appeal with reference B R1107/2022-2 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on January 9, 2023 by the EUIPO. The Opposition with reference B 003140025 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 12, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use in the automative industry
Brake fluid
Power steering fluid
Windshield de-icer fluids
Chemical motor oil additives.
The mark was filed in class 3 with following description of goods:
Automotive cleaning preparations
Car wax
Wipes impregnated with a cleaning preparation
Windshield cleaner fluids
Air fragrance preparations
Beauty care cosmetics.
The mark was filed in class 4 with following description of goods:
Fuels
Petroleum
Fuel gas
Fuel oil
Motor fuel
Ethanol fuel
Diesel oil
Motor oils
Kerosene
Automotive lubricants
All purpose lubricants
Motor vehicle lubricants
Charcoal fuel
Motor oil
Non-chemical additives for motor fuels
Non-chemical motor oil additives.
The mark was filed in class 5 with following description of goods:
Sanitizing wipes
Hand-sanitizing preparations
First aid kits
First aid dressings
Bandages for dressings
Pharmaceutical preparations.
The mark was filed in class 9 with following description of goods:
Stands featuring power supply connectors, adaptors, speakers and battery for cell phones
Cell phone battery chargers.
The mark was filed in class 10 with Face coverings being sanitary masks for protection against viral infection.
The mark was filed in class 16 with following description of goods:
Tissue paper
Toilet paper
Disposable napkins.
The mark was filed in class 18 with Grocery tote bags.
The mark was filed in class 21 with following description of goods:
Drinking cups
Mugs
Refillable bottles
Drinking straws
Dental floss
Hair brushes
Combs.
The mark was filed in class 29 with following description of goods:
Seeds
Prepared nuts
Vegetable based snack food
Fruit based snack food
Edible seeds
Edible nuts
Mixtures of fruit and nuts
Nut-based snack foods
Dried-fruit based snacks
Salads except macaroni, rice, and pasta salad
Potato chips
Hot dogs [meat only, not sandwiches]
Coconut flakes
Milk
Cheese
Margarine
Cream (dairy products)
Whipped cream.
The mark was filed in class 30 with following description of goods:
Pizza
Sandwiches
Hot dog sandwiches
Donuts
Pasta salad
Candy
Cereal-based snack food
Rice based snack food
Oat flakes
Chocolate-coated nuts
Chocolate
Popcorn
Crackers
Coffee
Coffee based beverages
Biscuits
Cookies
Ice cream
Confectionery
Pastries
Cakes
Soy.
The mark was filed in class 32 with following description of goods:
Soft drinks
Waters (beverages)
Non-alcoholic fruit juice beverages
Isotonic beverages
Non-alcoholic frozen beverages
Part frozen slush drinks
Energy drinks.
The mark was filed in class 34 with Cigarette lighters and Matches..
The mark was filed in class 35 with following description of goods:
Retail grocery store services and convenience store services in relation to the sale of foodstuffs, prepared foods, groceries, candy and confections, beverages, alcoholic beverages, water
Retail grocery store services and convenience store services in relation to the sale of clothing and apparel, toiletries, non-prescription pharmaceuticals, tobacco products
Retail grocery store services and convenience store services in relation to the sale of maps, stationery products, books, magazine and newspapers, toys, pre-recorded audio/video media, electronics, batteries
Retail grocery store services and convenience store services in relation to the sale of household products, namely cleaning products and kitchen utensils, health and beauty products, automotive products and lubricants
Business management and organization of retail stores and retail convenience stores
Business management and organization of petrol service stations
Wholesale and retail sales of fuels, fuel gas, fuel oil, motor fuel, ethanol fuel, diesel oil, petroleum, motor oils, kerosene, automotive lubricants, all purposes lubricants, motor vehicle lubricants, charcoal fuel
Business management assistance relating to the franchising of the establishment and operation of retail stores, retail convenience stores and petrol service stations
Office management services for others
Administration of loyalty customer and business to business rewards programs
Organization and management of customer loyalty programs
Providing incentive award programs for customers through the distribution of prepaid stored value cards for the purpose of promoting and rewarding loyalty.
The mark was filed in class 36 with following description of goods:
Payment card services
Issuing of payment gift cards
Issuing prepaid telephone calling cards.
The mark was filed in class 37 with following description of goods:
Vehicle service stations [refuelling and maintenance]
Vehicle wash
Cleaning services
Battery charging service for motor vehicles
Replacement of tires
Charging of electric vehicles
Recharging services for electric vehicles
Vehicle polishing
Lubricating services for vehicles.
The mark was filed in class 39 with following description of goods:
Providing driving directions and maps for travel purposes
Transport services
Transportation of crude oil, heavy fuel oil or dry gas
Storage of fuel
Storage of fuel oil
Storage of goods
Packing
Transportation and delivery of goods.
The mark was filed in class 41 with Providing online games.
The mark was filed in class 43 with following description of goods: