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EUTM file information

018421379

SHERPA GRAPH

March 8, 2021

Trademark Summary

The trademark SHERPA GRAPH was filed by Sherpa Watches GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 5, 2021, and received one opposition filed on November 4, 2021 by Sherpa Europe S.L. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2021

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

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by Enicar Watch Co. S.A. (represented by Stephan Biagosch) on August 6, 2024 and Adversarial proceedings are ongoing.

Application for revocation or for a declaration of invalidity of the trademark registration was recorded on August 8, 2024. Change of name and professional address of the trademark registration was recorded on October 2, 2024.

The Opposition with reference B 003157613 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 30, 2023 by the EUIPO.

Goods And Services

  • The mark was filed in class 14 with following description of goods:
    1. Precious and semi-precious stones
    2. Precious metals, semi-precious metals and alloys and imitations thereof
    3. Other goods of precious metal or precious stones, and imitations thereof, namely statues and figurines [statuettes] of precious metal, semi-precious metal or stones or imitations thereof or coated therewith, ornaments, coins and tokens of value, and works of art of precious metal or semi-precious metal or stones or imitations thereof, or coated therewith
    4. Bracelets
    5. Jewellery of yellow amber
    6. Brooches [jewellery]
    7. Busts of precious metal
    8. Diamonds
    9. Boxes of precious metal
    10. Threads of precious metal [jewellery]
    11. Ivory jewellery
    12. Gold, unwrought or beaten
    13. Gold thread [jewellery]
    14. Necklaces [jewellery]
    15. Hat jewellery
    16. Jewels
    17. Necklaces
    18. Tie clips
    19. Tie pins
    20. Works of art of precious metal
    21. Cuff links
    22. Medals
    23. Medallions
    24. Coins
    25. Earrings
    26. Pearl
    27. Platinum [metal]
    28. Rings (jewellery)
    29. Key rings [split rings with trinket or decorative fob]
    30. Ornamental pins
    31. Statues of precious metal
    32. Jewellery incorporating precious stones
    33. Jewellery incorporating semi-precious stones
    34. Jewellery incorporating pearls
    35. Jewellery and fittings therefor
    36. Key rings, in particular split rings with trinket or decorative fob, and key chains and charms therefor
    37. Shoe jewellery
    38. Silver, unwrought or beaten
    39. Silver thread
    40. Silver ornaments
    41. Horological and chronometric instruments and fittings therefor
    42. Wristwatches
    43. Chronographs
    44. Chronometers
    45. Small clocks
    46. Stopwatches
    47. Pocket watches
    48. Alarm clocks
    49. Watch bands
    50. Watch winders
    51. Watch springs
    52. Clock cases
    53. Watch glasses
    54. Watch chains
    55. Movements for clocks and watches
    56. Clock hands
    57. Dials [clock- and watchmaking]
    58. Jewellery boxes and watch boxes
    59. Jewellery boxes, cases for clock- and watchmaking and cases for watches [presentation]
    60. Jewellery boxes and watch boxes
    61. Jewellery cases and watch cases
    62. Boxes of precious metal
    63. Presentation cases for timepieces
    64. Parts and fittings for all the aforesaid goods, included in class 14.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing and promotional services
    2. Commercial services and consumer information, namely auctioneering, rental of vending machines, organisation of business contacts, Collective buying, Commercial assessment, Preparation of competitions, Agency business, import and export, Negotiation services, Ordering services, Price comparison services, Procurement services, for others, subscription services
    3. Business assistance
    4. Business management and administrative services
    5. Office functions and administrative services
    6. Business administration
    7. Business analysis, research and information services
    8. Retail and wholesale services, Including via the internet or by means of teleshopping programmes, Online or catalogue mail order services, in relation the following goods: precious gemstones and semi-precious gemstones, precious metals, Semi-precious metals and their alloys and imitations thereof, Other goods of precious metals or of precious stones and imitations thereof, Namely statues and figurines made from precious metals or semi-precious metals or semi-precious stones or imitations thereof, or coated therewith, Ornaments, coins and and tokens made from precious metals or semi-precious metals or stones or imitations thereof, or coated therewith, Works of art made of precious metals, armbands, Jewellery of yellow amber, Broches, Busts of precious metal, diamonds, Boxes of precious metal, Wire of precious metal (jewellery), ivory jewellery, Gold, unwrought or beaten, Gold thread (jewellery), necklaces, hat ornaments of precious metal, jeweler goods, chains, tie-clips, tie pins, Works of art of precious metals, Cuff-links, Medals, lockets, Coins, Earrings, Pearls, platinum, rings, key tags, ornamental pins, statues of precious metal, jewellery incorporating precious stones, jewellery incorporating semi-precious stones, jewellery incorporating pearls, jewellery and fittings therefor, key rings, in particular split rings with trinket or decorative fob, and key chains and charms therefor, Shoe ornaments of precious metals, Silver, unwrought or beaten, Spun silver (silver wire or thread), silver ornaments, horological and chronometric instruments and fittings therefor, wristwatches, chronographs, chronometers, small clocks, stopwatches, pocket watches, Alarm watches, Watch bands, watch winders, watch springs, watch boxes, watch glasses, Chains for watches, Movements for clocks andwatches, Clock hands (clock and watch-making), dials [clock- and watchmaking], Jewellery boxes and watch boxes, jewellery boxes, cases for clock- and watchmaking and cases for watches [presentation], jewellery boxes and watch boxes, jewellery cases and watch cases, Boxes of precious metals, presentation cases for horological articles, Parts and fittings for all the aforesaid goods
    9. Rental and leasing of objects in connection with the providing of the aforesaid services, included in class 35
    10. Consultancy and information in relation to the aforesaid services, included in class 35.
  • The mark was filed in class 37 with following description of goods:
    1. Gold and silversmith services or jewellery services, Namely, Maintenance, fix, Reworking, Restoration, In relation to the following goods: jewellery, bijouterie
    2. Services of a watchmaker, Namely, Maintenance, fix, Reworking, Restoration, In relation to the following goods, Timepieces, Horological instruments, Horological instruments
    3. Construction
    4. Building, construction and demolition
    5. Rental of tools, plant and equipment for construction and demolition
    6. Extraction of natural resources
    7. Installation, cleaning, repair and maintenance, In relation to the following goods: Precious and semi precious stones, Precious metal, Semi-precious metals and alloys and imitations thereof, other goods of precious metals or of precious stones and imitations thereof, Namely Statues and figurines [statuettes] made from or precious metals or semi-precious metals or stones or imitations thereof, or coated therewith, ornaments, coins and tokens made from precious metals or semi-precious metals or stones or imitations thereof, or coated therewith, Works of fine art Of precious metal, bracelets, jewellery of yellow amber, brooches, chains of precious metal, Diamonds, boxes of precious metal, threads of precious metal [jewellery], ivory jewellery, gold, unwrought or beaten, gold thread [jewellery], necklaces, chains of precious metal, jewellery, chains, tie clips, tie pins, works of art of precious metal, Cufflinks, Medals, medallions, Coins, earrings, pearls, platinum [metal], rings, key rings, ornamental pins, statues of precious metal, jewellery incorporating precious stones, jewellery incorporating semi-precious stones, jewellery incorporating pearls, jewellery and fittings therefor, key rings, in particular split rings with trinket or decorative fob, and key chains and charms therefor, chains of precious metal, silver, unwrought or beaten, silver thread [jewellery], silver jewellery, horological and chronometric instruments and fittings therefor, wristwatches, chronographs, chronometers, pendulum clocks, Stop-watches, pocket watches, alarm clocks, watch straps, watch winders, watch springs, clock cases, watch glasses, watch chains, movements for clocks and watches, clock and watch hands, dials [clock- and watchmaking], jewellery boxes and watch boxes, jewellery boxes, cases for clock- and watchmaking and cases for watches [presentation], jewellery boxes and watch boxes, jewellery cases and watch cases, boxes of precious metal, presentation cases for horological articles, And parts and fittings for all the aforesaid goods
    8. Extermination, disinfection and pest control
    9. Rental and leasing of objects in connection with the providing of the aforesaid services, included in class 37
    10. Consultancy and information in relation to the aforesaid services, included in class 37.
  • The mark was filed in class 40 with following description of goods:
    1. Gold and silversmith services, included in class 40, In particular, Gold and silver processing, gold and silver plating, Gilding, Silver plating, Treatment and transformation of materials, in relation to the following goods: jewellery, bijouterie, Goldsmithing and silversmithing and/or reworking of jewellery and/or jewellery items, In particular, Metalworking and hardening and material treatment and conversion for surface finishing and/or polishing of precious stones
    2. Jeweller’s services, included in Class 40, in particular processing of precious stones, engraving, polishing, abrasion, grinding, casting, forging, rolling, cutting, adjusting of ring size, stone mounting, width adjustment, surface modification, colour modification, alloy modification, grading and cutting of precious stones and gemstones, metal treating and hardening and surface finishing, cutting of precious stones and gemstones, reworking and treating of jewellery
    3. Food and beverage treatment
    4. Custom manufacture and assembly services, in relation to the following goods: previous stones and Semi-precious stones, precious metals, semi-precious metals and their alloys and imitations thereof, other goods of precious metal or precious stones, and imitations thereof, namely Statues and figurines [statuettes] made from or precious metals or semi-precious metals or stones or imitations thereof, or coated therewith, ornaments, coins and tokens made from precious metals or semi-precious metals or stones or imitations thereof, or coated therewith, art work Of precious metal, bracelets, jewellery of yellow amber, brooches, chains of precious metal, Diamonds, boxes of precious metal, threads of precious metal [jewellery], ivory jewellery, gold, unwrought or beaten, gold thread [jewellery], necklaces, chains of precious metal, jewellery, chains, tie clips, tie pins, works of art of precious metal, cuff links, medals, Medallions, Coins, Earrings, pearls, platinum [metal], rings, key rings, ornamental pins, statues of precious metal, jewellery incorporating precious stones, jewellery incorporating semi-precious stones, jewellery incorporating pearls, jewellery and fittings therefor, key rings, in particular split rings with trinket or decorative fob, and key chains and charms therefor, chains of precious metal, silver, unwrought or beaten, silver thread [jewellery], silver jewellery, horological and chronometric instruments and fittings therefor, wristwatches, chronographs, chronometers, pendulum clocks, stopwatches, pocket watches, alarm clocks, watch straps, watch winders, watch springs, watch cases, watch glasses, watch chains, movements for clocks and watches, clock and watch hands, dials [clock- and watchmaking], jewellery boxes and watch boxes, jewellery boxes, cases for clock- and watchmaking and cases for watches [presentation], jewellery boxes and watch boxes, jewellery cases and watch cases, boxes of precious metal, presentation cases for horological articles, Parts and fittings of all the above goods
    5. Energy production
    6. Providing material treatment information
    7. Vulcanization [material treatment]
    8. Vulcanization [material treatment]
    9. Metallurgical processing
    10. Treatment of materials by laser beam
    11. Material treatment information
    12. Providing material treatment information
    13. Providing material treatment information
    14. Treatment of materials using chemicals, Surface polishing
    15. Material treatment information
    16. Heat treatment and coating of steel
    17. Printing, and photographic and cinematographic development
    18. Duplication of audio and video recordings
    19. Air and water conditioning and purification
    20. Slaughtering
    21. Rental, hiring and leasing of articles relating to the providing of the aforesaid services, included in Class 40
    22. Consultancy and information in relation to the aforesaid services, included in class 40.
  • The mark was filed in class 42 with following description of goods:
    1. Art work design
    2. Industrial design
    3. Designing jewellery
    4. Clock and watch design
    5. Packaging design
    6. Design of jewellery and horological and chronometric instruments
    7. Surveying
    8. Construction drafting
    9. Creation, Design, in relation to the following goods, Jewellery items, Ornaments [jewellery], horological, Horological apparatus, Horological items
    10. Social science consultancy
    11. Styling [industrial design]
    12. Consultancy and information in relation to the aforesaid services, included in class 42.