The trademark NH was filed by Satnam Matharu, a national of Canada (the "Applicant"). The application was published for oppositions on March 28, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 28, 2021 by Stichting RTV NH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DE MERKPLAATS B.V. and its proceedings were handled in English The second opposition filed on June 1, 2021 by MINOR HOTELS EUROPE & AMERICAS, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English The third opposition filed on April 26, 2021 by Neumeister Hydraulik GmbH on Likelihood of confusion. the opponent was represented by Geitz Patentanwälte PartG mbB and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Appeal with reference B R2066/2022-4 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on August 8, 2023 by the EUIPO. The Opposition with reference B 003147884 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on September 6, 2022 by the EUIPO. The Opposition with reference B 003149703 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on July 30, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, signalling, checking (supervision) and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers
Recording discs
Mechanisms for coin-operated apparatus
Cash registers, calculating machines
Fire-extinguishing apparatus
Computer software
Software for analysis of data
Software for data analytics
Computer hardware, firmware and software
Computer software, firmware and hardware
Computer games and entertainment software
Computer application software to create and maintain electronic logbooks
Computer software and telecommunications apparatus to enable connection to databases, local area networks and the Internet
Computer software to enable teleconferencing, videoconferencing and videophone services
Computer software to enable searching and retrieval of data
Computer software for accessing databases, telecommunications services, computer networks and electronic bulletin boards
Protective clothing, footwear and headgear
Communication, telecommunication, telephone and mobile telephone apparatus and instruments
Telephones, mobile telephones, communications devices and cases therefore
Ringtones [downloadable]
Screen savers and screen wallpaper
Communication, wireless communication and mobile communication devices
Reading tablets for reading and viewing text, images and audio-visual content
Software applications (apps), including apps for installation on telephones, mobile telephones and communications and wireless communication devices
Key boards
Modems
Calculators
Display screens
Electronic global positioning systems
Monitoring apparatus and instruments
Holograms
Games software adapted for use with television receivers
Instructional apparatus and instruments
Nonprinted, electronic, magnetic, optical and digital publications
Online, electronic, magnetic, optical, digital, downloadable and non-printed books, magazines, articles, texts, newsletters, feeds, web pages and web sites
Parts, fittings and accessories for all the aforesaid
All the aforesaid goods except apparatus or instruments for conducting, switching, regulating, accumulating, storing, controlling and transforming electricity.
The mark was filed in class 28 with Games, toys and playthings.
The mark was filed in class 35 with following description of goods:
Auctioneering services
Retail services, mail order services and wholesaling services connected with the sale of perfumery, colognes, deodorants for personal use, shaving and after-shave preparations, preparations and substances for the conditioning, care and appearance of the skin, body, face, lips, eyes, hair, scalp, beard, teeth and nails, shower and bath preparations, moisturisers
Retail services, mail order services and wholesaling services connected with the sale of candles, paints, coatings, fuels, oils, greases, engines, motors, small items of metal hardware, ironmongery
Retail services, mail order services and wholesaling services connected with the sale of medicated preparations, vitamins, nutrients
Retail services, mail order services and wholesaling services connected with the sale of hand tools, cutlery
Retail services, mail order services and wholesaling services connected with the sale of recording discs, analogue and digital recordings, apparatus for recording, transmission or reproduction of sound or images
Retail services, mail order services and wholesaling services connected with the sale of protective clothing, footwear and headgear, protective helmets
Retail services, mail order services and wholesaling services connected with the sale of communication, telecommunication, telephone and mobile telephone apparatus, instruments and accessories, ringtones (downloadable), screen savers and screen wallpaper, portable hand held digital electronic devices and computers and other electronic devices for reading and viewing text, images and audio-visual content
Retail services, mail order services and wholesaling services connected with the sale of software applications (apps), including apps for installation on telephones, mobile telephones and communications and wireless communication devices, head phones, ear phones, bags and cases adapted for holding or carrying telephones
Retail services, mail order services and wholesaling services connected with the sale of films, animations, cartoons, sound, music, audio, visual and audio visual content and recordings, computer games, computer games software, instructional apparatus and instruments, non-printed, electronic, optical and digital publications, payment cards, credit cards, charge cards, debit cards and smart cards, cameras, sunglasses, cases for spectacles and/or sunglasses
Retail services, mail order services and wholesaling services connected with the sale of medical apparatus and devices, heating, cooling, lighting and ventilating apparatus, vehicles
Retail services, mail order services and wholesaling services connected with the sale of precious metals and their alloys, jewellery, cuff links, clocks, wrist watches, watch straps, presentation cases for watches, stopwatches, horological and chronometric instruments, coins, trinkets, key rings and fobs, works of art in precious metals, boxes of precious metal, busts and figurines of precious metal, trophies, badges, medals and awards in precious metals, musical instruments
Retail services, mail order services and wholesaling services connected with the sale of paper and cardboard, printed matter, photographs, stationery, writing, drawing and marking instruments and cases therefor, instructional and teaching materials, paper for gift wrapping, paper and plastic bags, tissues, tissue paper
Retail services, mail order services and wholesaling services connected with the sale of prints, posters, cards, greetings cards, gift tags, calendars, diaries, publications, books, pamphlets, manuals, magazines, journals, periodical publications, newspapers, newspaper and magazine columns, sections and supplements, newsletters, decalcomanias, pressure sensitive stickers, book covers, book marks, gift cards, printed gift certificates, printed visuals in the nature of promotional materials for others
Retail services, mail order services and wholesaling services connected with the sale of leather and imitations of leather, umbrellas, parasols and walking sticks, luggage, suitcases, handbags, backpacks, billfolds, credit card cases and holders, carrying cases, business card cases, briefcases, attaché cases, document cases, garment bags for travel, key cases, wallets, coin purses, pet clothing and accessories therefor
Retail services, mail order services and wholesaling services connected with the sale of furniture, mirrors, picture frames, household containers and utensils, ropes and netting, sleeping bags, tents, hammocks, textiles, fabrics, textile and fabric piece goods, wall coverings, furnishing and decorating textiles and fabrics, blinds, curtains and pelmets, bath linen, towels, flannels, tea-towels, table linen, bed linen, household linen, clothing and textile article decorations, belt clasps
Retail services, mail order services and wholesaling services connected with the sale of clothing, footwear, headgear, headbands, fancy dress, buckles, wall coverings
Floor coverings
Retail services, mail order services and wholesaling services connected with the sale of games, toys, playthings, gymnastic and sporting articles, decorations for Christmas trees, toys, toy cars and vehicles, model cars and vehicles, toy helmets, toy figurines, handheld computer games, fitness articles and equipment, Christmas decorations, bags, cases and carriers for sporting, motor racing, fitness and gymnastic equipment, adapted/shaped to carry such equipment, arcade games
Retail services, mail order services and wholesaling services connected with the sale of computer games apparatus, computer games hardware, computer games equipment, television games apparatus, coin freed amusement apparatus
Retail services, mail order services and wholesaling services connected with the sale of food, snack food, confectionary, alcoholic and non-alcoholic drinks
Provision of clerical and secretarial services
News and current affairs clippings services
Provision of information and advice to prospective purchasers of goods and services
Answering and message handling services
Operation of telephone call centres
Managing remote monitoring centres
Data management and electronic stocktaking services
Enterprise risk management (ERM) advice and consulting services to assist with legal, regulatory and rating agency requirements
Any of the aforesaid provided via a website, webpage or portal
Consultancy, information, advice and assistance relating to all the aforesaid
Including (but not limited to) all the aforesaid services provided online, and/or provided for use with and/or by way of the Internet, the world wide web and/or via communications, telephone, mobile telephone and/or wireless communication networks.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
Financial and monetary services
Financial, finance, investment and insurance services
Banking
Financial analysis
Fund raising
Charitable fund raising
Currency exchange services
Currency trading services
Debt collection agency services
Electronic money transfer services
Financial administration and management
Preparation of financial insurance reports
Assurance, insurance, pensions and reinsurance services
Actuarial services
Services relating to the assessment, administration and management of financial risk
Financial valuations, claims adjustment and claims settlement services
Trusteeship services
Real estate services
Rental and leasing of real estate
Financial information services provided by access to a computer database
Risk management services, namely, portfolio analysis and optimization
Consultancy, information, advice and assistance relating to all the aforesaid
Any of the aforesaid provided via a website, webpage or portal
Including (but not limited to) the aforesaid services provided online, and/or provided for use with and/or by way of the Internet, the world wide web and/or via communications, telephone, mobile telephone and/or wireless communication networks.
The mark was filed in class 38 with following description of goods:
Telecommunications
Telecommunication and communication services
Telephone, mobile telephone, facsimile, telex, message collection and transmission, radio-paging, call diversion, answer-phone, directory enquiries and electronic mail services
Text messaging services
Electronic message delivery and sending services
On-line information services relating to telecommunications
Data interchange services
Transfer of data by telecommunication
Video messaging services
Video conferencing services
Video telephone services
Telecommunication of information (including web pages), computer programs and any other data
Providing user access to the Internet
Providing telecommunications connections or links to the Internet or databases
Providing user access to the Internet (service providers)
Provision and operation of electronic conferencing, discussion groups and chat rooms
Providing access to digital music websites on the Internet
Providing access to MP3 websites on the Internet
Delivery of digital music by telecommunications
Providing bulletin boards
Providing access and leasing access time to Internet sites
Providing Internet connection and communication services
Electronic mail services
Rental, hire and leasing of electronic mail boxes and communications apparatus
Computer aided transmission of messages and images
Communication by computer
Provision of on-line access to exhibitions and exhibition services
Provision of access to an electronic on-line network for information retrieval
Leasing of access time to a computer database
Providing access to databases
Leasing of access time to computer bulletin and message boards and to computer networks
Internet service provider [ISP] services
Telecommunication access services
Hire, leasing or rental of apparatus, instruments, installations or components for use in the provision of the aforementioned services
Providing internet chatrooms
Providing online forums
Consultancy, information, advice and assistance relating to all the aforesaid
Any of the aforesaid provided via a website, webpage or portal
Including (but not limited to) the aforesaid services provided online, and/or provided for use with and/or by way of the Internet, the world wide web and/or via communications, telephone, mobile telephone and/or wireless communication networks
None of the aforementioned services provided via television or radio, and none of the aforementioned services in the field of news agency or news broadcasting.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Hosting of internet sites, web sites, computer sites and microsites
IT advice, assistance, information and consulting
Providing search engines and internet search facilities
Web site design
Interior and exterior design
Digitisation of documents, text and content
Design and development of computer hardware, firmware and software
Computer programming
Software services
Software services for analysis of data
Software services for data analytics
Software as a service [SAAS] services
Software as a service for analysis of data
Software as a service for data analytics
Application service provider services
Technical advisory services relating to data processing
Updating of computer software
Consultancy in the design and development of computer hardware, firmware and software, of computer and information technology systems and of computer and data storage systems
Creating and maintaining websites for others
Maintenance of computer software
Computer system analysis
Information advice and assistance in the implementation of computer, computing and data processing and data storage systems
Computing services and cloud computing services
Engineering
Electrical engineering
Technical advisory and assistance services
Technical testing services
Quality testing services
Quality control services
Technological services
Materials and construction materials testing and research services
Professional advisory services relating to research and development
Operating and maintaining portals for logging text, sounds, images and music, including that provided via computers, telephones, mobile telephones, communication and wireless communication devices
Consultancy, information, advice and assistance relating to all the aforesaid
Any of the aforesaid provided via a website, webpage or portal
Including (but not limited to) the aforesaid services provided online, and/or provided for use with and/or by way of the Internet, the world wide web and/or via communications, telephone, mobile telephone and/or wireless communication networks.