The trademark application MENUKIT was filed by MIP METRO Group Intellectual Property GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2022, and it was registered by office on August 4, 2022 without any oppositions.
The application was filed in German (English was selected as the second language).
The Appeal with reference B R1226/2021-2 was Application partially rejected according to Article 7(1)(b) EUTMR with decision issued on October 24, 2021 by the EUIPO. The Refusal with reference B 018399100 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on May 24, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Instructional and teaching apparatus and instruments
Digital data processing terminals
Computers
Smartphones
Data processing apparatus
Computer peripheral devices
Cases and covers for computers and notebook computers
Netbooks and Notebook computers
USB flash drives
Smartcards
Compact discs
DVDs
Digital recording media
Spectacles
Cabinets for loudspeakers
Light-emitting electronic pointers
Pocket calculators
Virtual reality glasses.
The mark was filed in class 16 with following description of goods:
Paper
Posters
Stickers [stationery]
Calendars
Posters
Paper gift cards
Purchase cards of paper, cardboard or plastic
Packaging material, bags and conical bags of paper, cardboard or plastic
Pen
Writing tablets.
The mark was filed in class 35 with following description of goods:
Personnel management consultancy
Personnel recruitment
Personnel management
Personnel recruitment
Business management and organization consultancy
Business consultancy and advisory services
Professional business consultancy
Management consultancy
Professional business start-up consultancy
Professional business consultancy for franchise concepts
Assistance in the management and organisation of small gastronomy, trading, catering, hotel and industrial businesses
Marketing
Merchandising
Marketing research
Advertising
Writing of publicity texts
Public relations services
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Commercial services and consumer information, namely auctioneering
Rental of vending machines
Organising of business contacts
Collective buying
Commercial assessment
Preparation of competitions
Commercial agency transactions
Import and export services
Commercial negotiation and mediation services, namely Negotiation and conclusion of commercial transactions for third parties, Negotiation of contracts relating to the purchase and sale of goods, Mediation of trade business for third parties, Procurement of contracts [for others], Intermediary services relating to advertising
Ordering services
Price comparison services
Procurement services, for others
Subscription services
Office functions
Business assistance
Administrative services
Business analysis, research and information services
Customer loyalty, reward, advantage and bonus schemes
Providing of commercial information for consumers (consumer advice shop)
Organisation, conducting and management of customer incentive, bonus, loyalty, reward and gift schemes
Arranging of raffles, gift, voucher and competition activities for customers in the context of customer loyalty schemes
Conducting of customer events for advertising purposes
Good and service presentations
Demonstration of goods for customers
Advisory and consultancy, in relation to the following fields: Bonus schemes, Incentive schemes, Advertising schemes, gift schemes, profit schemes, prize draw schemes, Incentive programs, Customer loyalty programmes
Procurement services [acquisition of goods and services, for customers]
Retail and wholesale services in relation to: Chemical products, Detergent, polishing and abrasive preparations, washing preparations, Paints, Pharmacy goods, Cosmetics, Shaving equipment and Razor accessories, Perfumery, Housewares, Household consumables, Fuels, And illuminants and engine fuels, Industrial oils and greases, lubricants, Candles, Goods for the health sector, pharmaceuticals, Personal sanitary products and toiletries
Retail and wholesale services in relation to: Machines, tools and goods of common metal, Building articles, DIY articles and garden articles, Hobby requisites and Craft supplies, Electric goods and electronic goods, sound recording carriers and data carriers, Apparatus for lighting, Apparatus for heating purposes, Cookers, refrigerating apparatus, Drying apparatus and Ventilation installations and apparatus, Steam cleaners and Garment Steamers, Sanitary installations and Supplements
Retail and wholesale services in relation to: Electric and non-electric household and kitchen appliances, Glassware, Ceramics, Articles of porcelain, Metal goods and plastic goods for household and kitchen purposes, Household or kitchen vessels, Cutlery, Forks and spoons, Cooking pot sets and Decorative articles and decoration material, Namely decorative objects, Seasonal, festive, party and themed decorations for objects, window glass, windows, rooms, buildings and surfaces
Retail and wholesale services in relation to the following goods: Christmas lights, flags and Films, Vehicles and vehicle accessories, Cycles and cycle accessories, Motorised two-wheeled vehicles and accessories, Fireworks, Clocks and Watches and Jewellery, Optical instruments and equipment, Musical instruments, Stationery, Office requisite, Bags and Saddlery, Furniture, fixtures, tents, Tarpaulins
Retail and wholesale services in relation to: Ready-made clothing, Shoes and textile goods, Headgear, Goods made of leather and imitations of leather, Suit cases, Bags, rucksacks, Rain and sun parasols, Playthings, Sports equipment, Sports equipment and accessories, Foodstuffs, Fruits, Vegetables and drinks, Agricultural products, Horticultural products and forestry products, Foodstuffs for animals and Animal accessories, Plants
Retail and wholesale services in relation to the following goods: Smokers' articles, Tobacco goods and other natural stimulants, Namely alcohol, Coffee, tea, Chocolate, Sugar and Spices and Housewares.
The mark was filed in class 36 with following description of goods:
Loan and credit, and lease-finance services
Investment consultancy
Bill paying services
Financial information, data, advice and consultancy services
Fundraising
Sponsorship services
Preparation of financial reports
Investment services
Pawnbrokerage
Issuance of vouchers of value and gift vouchers
Conducting of electronic payment transactions for purchasing goods on the internet
Insurance underwriting and guarantee transactions in relation to guarantee contracts and extended guarantee contracts for maintaining, repairing, installing and updating electric and electronic apparatus
Insurance underwriting
Monetary affairs
Real estate services
Payment card services
Banking
Brokerage
Debt collection
Fiscal valuation
Financial consultancy
Financial sponsorship
Evaluation (Financial -) [insurance, banking, real estate]
Apartment house management
Business liquidation services, financial
Real estate management
Credit bureau services
Rental of offices [real estate]
Financial management
Rental of real estate
Financial customs brokerage services
Processing payments made by charge cards
Computer rental, rental of computer software.
The mark was filed in class 38 with following description of goods:
Providing access to information on the Internet
Providing telecommunications connections to a global computer network
Message sending
News agency services
Electronic message collection and transmission
Telephone services
Electronic transmissions of downloadable audio and video files via computer and communications networks
Providing of interactive chatrooms for transmitting messages among computer users and subscribers on a wide variety of topics
Streaming for transmitting electronic games, music, films and videos via the internet
Rental of access time to global computer networks featuring means for identifying, locating, grouping, disseminating and managing data and connections to the computer servers of others, to computer processors and computer users
Data transmission via telecommunications networks and wireless telecommunications networks in the entertainment sector
Providing of audio, video and audiovisual content via social networks (transmission)
Providing access to a social networking website for information and entertainment purposes
Providing access to online computer databases and searchable online databases in the information exchange and networking sector
Transmission of electronic mail
Webcasting services
Transmission of messages, data and content via a global computer network and other computer and communications networks
Transmission via e-mail instant messaging
Providing of online community forums for users to send, research, use, rate and comment on news, comments, multimedia content, videos, movies, photos, audio content, animation, images, text, information and other user-generated content
Streaming of audio and video material on the internet
Streaming of data
Broadcasting services
Audio broadcasting
Video braodcasting
Transmission of webcasts
Transmission of digital files
Electronic transmission of digital photo files
Providing access to digital music web sites on the internet
Providing access to online directories, databases, websites, blogs and reference materials
Message sending
Electronic mail and messaging services
Podcasting services
Providing internet chatrooms, forums and electronic bulletin boards
Uploading music and photos to the Internet for others
Providing of access to online computer databases enabling customers the ability to select a distribution point for goods purchased on the internet.
The mark was filed in class 41 with following description of goods:
Educational instruction
Entertainment services
Sporting and cultural activities
Organization of sports competitions
On-line ticket agency services for entertainment purposes
Ticket reservation for cultural events
Arranging for ticket reservations for shows and other entertainment events
Clubs
Provision of club entertainment services
Organisation of recreational activities
Provision of recreational activities
Provision of leisure facilities
Providing recreation facilities
Organisation of group recreational activities
Special event planning consultation
Arranging of award ceremonies
Coaching relating to finance
Coaching in the field of business economics.
The mark was filed in class 42 with following description of goods:
Scientific services
Provision of research services
Computer hardware development
Consultancy in the field of computers
Expert consultancy services in connection with computing equipment
Material testing
Industrial design
Packaging design
Computer rental
Time sharing services for computers
Operating search engines.
The mark was filed in class 43 with following description of goods:
Providing of food and drink and temporary accommodation