EUTM file information

018408198

Pelikan Passion

February 24, 2021

Trademark Summary

The trademark Pelikan Passion was filed by Pelikan Vertriebsgesellschaft mbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2021, and received one opposition filed on July 4, 2021 by pelicantravel.com s.r.o. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LITVÁKOVÁ A SPOL., S. R. O., PATENT AND TRADEMARK OFFICE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 4, 2021

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003150020 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 28, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 16 with following description of goods:
    1. Paper cardboard
    2. Writing, drawing and colouring pads
    3. Stationery, including cases for stamps [seals], Stamp pads, Stamp ink, Paper knives, Writing tablets, Stands for writing implements, Paperweights, Pencil sharpeners, Inks, in particular writing inks, ink cartridges, inkwells
    4. Writing instruments, In particular fountain pens, Ball pens, Fineliners, Fibertip pens, Rollerballs (pens), Pencil lead holders, Gel pens
    5. Pencil leads for writing implements
    6. Nibs
    7. Writing accessories, inclusive, Pen and pencil cases and boxes
    8. Cases for writing, drawing, painting and modelling goods
    9. Seals
    10. Sealing wax
    11. Sealing compounds for stationery purposes.
  • The mark was filed in class 18 with following description of goods:
    1. Leather and imitations of leather
    2. Rucksacks
    3. School knapsacks
    4. Bags, included in class 18
    5. Cases for writing materials.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Footwear
    3. Headgear.
  • The mark was filed in class 28 with following description of goods:
    1. Games
    2. Toys
    3. Decorations for Christmas trees
    4. Soccer balls
    5. Gymnastic and sporting articles not included in other classes, except children's sledges and snowboards.
  • The mark was filed in class 35 with following description of goods:
    1. Business management
    2. Business administration
    3. Office functions
    4. Business management and organization consultancy
    5. Business management consultancy
    6. Import-export agency services
    7. Operating a teleshopping channel, namely the arranging, concluding and handling of contracts for the purchase and sale of goods
    8. Operating a teleshopping channel, namely the arranging, concluding and handling of contracts for the use of services
    9. Professional business consultancy
    10. Book-keeping
    11. Consultancy, namely professional business consultancy
    12. Computerized file management
    13. Multimedia agency services, namely the presentation of firms on the Internet and other media
    14. Auctioneering, including on the Internet
    15. Transcription of communications [office functions]
    16. Relocation services for businesses
    17. E-commerce services, namely order placement and order delivery services
    18. E-commerce services, namely invoice management for electronic ordering systems
    19. E-commerce services, namely the arranging and concluding of commercial transactions via online shops
    20. E-commerce services, namely the presentation of goods and services
    21. Business investigations
    22. Compilation of statistics
    23. Drawing up of business expert reports
    24. Business efficiency expert services
    25. Drawing up of statements of accounts
    26. Tax preparation
    27. Economic forecasting
    28. Commercial information agency services
    29. Franchising, namely providing of business know-how
    30. Operation of businesses [for others]
    31. Photocopying services
    32. Statistical information
    33. Commercial or industrial management assistance
    34. Payroll preparation
    35. Marketing
    36. Market research
    37. Opinion polling
    38. Business research
    39. Public relations services
    40. Organisation and arranging of events, namely publicity events
    41. Organisation of exhibitions and trade fairs for business and promotional purposes
    42. Business organization consultancy
    43. Organisational project management in the field of electronic data processing
    44. Organisational consultancy
    45. Employment agency services
    46. Personnel recruitment
    47. Personnel consultancy
    48. Personnel management consultancy
    49. Bill-posting
    50. Business management assistance
    51. Presentation of offers for goods and services via a teleshopping channel
    52. Ascertaining prices
    53. Accounting for electronic order systems
    54. Radio advertising
    55. Shop window dressing
    56. Word processing
    57. Typing
    58. Secretarial services
    59. Sponsoring in the form of advertising
    60. Shorthand
    61. Systemization of information into computer databases
    62. Telephone answering for unavailable subscribers
    63. Business consultancy and advisory services
    64. Organization of trade fairs for commercial or advertising purposes
    65. Consumer consultancy
    66. Rental of office machines and equipment, included in class 35
    67. Hire of office equipment and office personnel
    68. Rental of photocopying machines
    69. Publicity material rental
    70. Arranging of commercial and supply contacts via the Internet
    71. Providing of addresses
    72. Arranging of business contacts on the Internet
    73. Distribution of samples
    74. Document reproduction
    75. Demonstration of goods
    76. Marketing for third parties in digital networks
    77. Advertising
    78. Publicity columns preparation
    79. Advertisement for others on the Internet
    80. Business appraisals
    81. Wholesaling and retailing relating to the goods: writing instruments, in particular fountain pens, ball-point pens, fine liners, fibre tip pens, roller ball pens, pencil lead holders, gel pens, refills for writing instruments, nibs, writing accessories.
  • The mark was filed in class 41 with following description of goods:
    1. Entertainment services
    2. Sporting and cultural activities
    3. Conducting information events for the exchange of ideas on writing and painting
    4. Consultancy of educational and/or artistic persons in individual sessions or seminars, arranging lectures and film showings and artistic performances
    5. Education information
    6. Painting bus services
    7. Club services [entertainment or education]
    8. Running of museums
    9. Lending libraries
    10. Practical training [demonstration]
    11. Entertainer services
    12. Publishing services
    13. Conducting live events
    14. Educational examination
    15. Games on the Internet
    16. Education information
    17. Correspondence courses
    18. Correspondence courses
    19. Film production services
    20. Rental of motion pictures
    21. Further training consultancy
    22. Gambling services
    23. Publication of texts, other than publicity texts
    24. Publication of printed matter in electronic form, including on intranets and the Internet
    25. Publication of periodicals and books in electronic form, including on intranets and the Internet
    26. Organisation and arranging of events, namely cultural and sporting events
    27. Arranging and conducting of conferences
    28. Arranging and conducting of symposiums
    29. Organisation of trade fairs, exhibitions, congresses and seminars for cultural or entertainment purposes
    30. Personnel development, namely organisation and/or conducting of further and advanced training programmes
    31. Theatre productions
    32. Teaching and educational services
    33. Arranging and conducting of workshops [training]
    34. Organization of exhibitions for cultural or educational purposes
    35. Organization of lotteries
    36. Organisation of competitions (entertainment)
    37. Scriptwriting services
    38. Internet services, namely the providing of entertainment programs on the Internet
    39. Providing video games and interactive television and computer services
    40. Holiday camp services [entertainment].
  • The mark was filed in class 43 with following description of goods:
    1. Bar services
    2. Hotels and motels
    3. Running of animal care centres
    4. Food and drink catering
    5. Day-nursery [crèche] services
    6. Retirement home services
    7. Boarding house services
    8. Reservation of hotels
    9. Boarding house bookings
    10. Tourist homes
    11. Rental of temporary accommodation
    12. Rental of chairs, tables, table linen and glasses
    13. Rental of transportable buildings, included in class 43
    14. Rental of meeting rooms
    15. Rental of tents
    16. Cafes, cafeterias and restaurants
    17. Canteen services
    18. Snack-bar services
    19. Self-service restaurant services
    20. Temporary accommodation reservations
    21. Accommodation bureau services [hotels, boarding houses].