018435300

Nistac

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March 23, 2021

Trademark Summary

The trademark nistac was filed by Beijing Xingyuhuan Trading Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 30, 2021, and received one opposition filed on June 29, 2021 by Kettler Garden GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 29, 2021

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

Change of name and professional address of the trademark registration was recorded on May 20, 2021. Appointment and Replacement of representative of the trademark registration was recorded on February 1, 2022.

The Opposition with reference B 003149697 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 3, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 12 with following description of goods:
  
  1. Go-karts
  2. Go-kart transport trucks
  3. Bicycles
  4. Tricycles
  5. Scooters
  6. Scooters [vehicles]
  7. Electric bicycles
  8. Electric unicycles
  9. Unicycles
  10. Self-balancing electric unicycles
  11. Self-balancing scooters
  12. Self balancing electric scooters
  13. Self-balancing boards
  14. Self balancing unicycles
  15. Self-balancing two-wheeled electric scooters
  16. Self-balancing one-wheeled electric scooters
  17. Trolleys
  18. Pushchairs
  19. Wheelbarrows
  20. Child carrying trailers.
• The mark was filed in class 20 with following description of goods:
  
  1. Benches [furniture]
  2. Desks
  3. Office furniture
  4. Filing cabinets
  5. Chairs [seats]
  6. Chaise longues
  7. Shelves for file cabinets
  8. Tables
  9. Drafting tables
  10. School furniture
  11. Furniture of metal
  12. Lecterns
  13. Standing desks
  14. Seats of metal
  15. Tables of metal
  16. Lockers
  17. Trestles [furniture]
  18. Book rests [furniture]
  19. Shelving units
  20. Bookcases
  21. Containers, not of metal, for storage
  22. Chests for toys
  23. Benches
  24. Hooks, not of metal, for clothes rails
  25. Furniture fittings, not of metal
  26. Furniture partitions of wood
  27. Table tops
  28. Edgings of plastic for furniture
  29. Cushions
  30. Easy chairs
  31. Folding tables
  32. Camping furniture
  33. Upholstered furniture
  34. Furniture for offices
  35. Furniture for house, office and garden
  36. Plastic furniture for gardens
  37. Armchairs
  38. Porch swings
  39. Height adjustable tables
  40. Swivel chairs
  41. Camping tables
  42. Chair cushions.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Dissemination of advertising matter
  3. Publication of publicity texts
  4. Presentation of goods on communication media, for retail purposes
  5. Import-export agency services
  6. Sales promotion for others
  7. Procurement services for others [purchasing goods and services for other businesses]
  8. Marketing
  9. Provision of an on-line marketplace for buyers and sellers of goods and services
  10. Sponsorship search
  11. Business management assistance
  12. Public relations
  13. Commercial information and advice for consumers in the choice of products and services.