The trademark OUTSIDER was filed by Yotrio Group 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 16, 2022, and received one opposition filed on May 5, 2022 by Mogensen A/S on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by LØJE IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 5, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 6 with Metallic gazebos.
The mark was filed in class 7 with following description of goods:
Mechanical, in particular electrically powered garden tools and implements, including lawnmowers, hedge trimmers, grass clippers and tree shears
Tools for machines
Mechanical, in particular electrically or pneumatically powered, hand-operated tools, and tool inserts for the aforesaid goods
Mechanical pumps for ponds, mechanical pumps for water in the garden and the home
Machines used in agriculture, horticulture and forestry
Mowing machines
Rotavators
Shredders
Lawn trimming machines
Motorised scythes
Chain saws
Mechanical hand-operated tools and tool inserts for the aforesaid goods
Lawnmowers
Soldering lamps
Brazing lamps.
The mark was filed in class 8 with following description of goods:
Hand-operated sprayers, in particular for plant pesticides
Hand-operated devices for horticultural, agricultural and forestry purposes, in particular hedge-trimmers, grass clippers, tree shears, spades, forks, shovels, rakes, hoes, scythes, sickles, hand-operated strewing and sweeping carts for home and garden
Garden tools and implements (hand-operated)
Hedge trimmers, grass clippers and tree shears, spades, forks, shovels, rakes, hoes, scythes, sickles, clamping tools, band vices of wood
Spray apparatus for plant protection substances
Hand held tools
Band vices of metal
Hand tools and hand implements
Grippers
Glue guns
Non-electric soldering irons
Cutlery
Side arms
Razors
Apparatus for waxing skis
Non-electric curling tongs
Hand-operated apparatus for body and beauty care for animals
Manicure and pedicure apparatus for animals
Hand-operated apparatus for body and beauty care for animals
Hair cutting and hair removal apparatus for animals
Hand tools made of bamboo.
The mark was filed in class 11 with following description of goods:
Barbecue grills and structural replacement parts therefor
Outdoor gas appliances, namely, gas grills, gas stoves, gas lamps, gas burners, gas cooktops, and gas ranges
Modular outdoor kitchens in the nature of outdoor combination gas grills and ranges with kitchen sinks
Outdoor fire pits, in particular, portable fire pits
Grill accessories
Covers for outdoor kitchen, covers for grills, patio heaters, outdoor kitchens, covers for outdoor firepits
Apparatus for cooking, including barbecue grills and parts and accessories therefor
Grill covers, rotisseries, adapter kits for gas tanks, cooking grates, charcoal grates, side burners, mechanical, electrical and piezoelectric devices for the ignition of gas and charcoal, hub caps for wheels for barbecue grills, ash catchers for barbecue grills, lid handles for barbecue grills, casters for barbecue grills, catch pans and catch pan holder for barbecue grills
Grill accessories, namely warming racks and baskets, holders for flavor bars, charcoal briquette fuel holders
Control knobs for barbecue grills
Work tables as parts of a barbecue grill
Cast iron and steel griddles
Gas burners for barbecue grills
Regulators for barbecue grills
Water illuminations
Fountains for rooms
Portable thermal containers powered by electricity and batteries, ice boxes
Torches
Mantles and globes for gas lanterns
Electric or gas heating, steam generating and cooking apparatus, such as stoves, grills, cookers, barbecues
Food warmers
Cooking stones heated electrically or by gas
Plate warmers
Pocket heaters
Arc lamps
Apparatus for refrigerating
Refrigerators and iceboxes
Flame lighters for lighting barbecues
Blow torches (for kitchen use)
Wheels for barbecue grills
Portable heat-insulated ice boxes for transporting food
Circulators for heating installations.
The mark was filed in class 18 with following description of goods:
Umbrellas, in particular beach umbrellas
Parasols
Umbrellas
Umbrella frames
Umbrella rings
Umbrella sticks
Bags for campers
Umbrella covers
Leather and imitations of leather
Animal skins, hides
Trunks and travelling bags
Backpacks
Bags for climbers
School bags
Walking sticks
Whips, harness and saddlery
Clothing for animals
Animal collars
Leashes for animals
Gaiters for animals
Blankets for horses
Harnesses for animals
Carrying devices for animals [bags]
Saddles and bridles, harnesses for animals
Blankets [clothing] and coats for animals.
The mark was filed in class 19 with following description of goods:
Statues of stone, concrete or marble
Greenhouses of glass (other than metal framed)
Fences of wood, gates of wood
Greenhouses (other than metal framed)
Gazebos, not of metal.
The mark was filed in class 20 with following description of goods:
Bar carts
Folding camping furniture, particularly, portable beds, camping cots and equipment support structures specially adapted for the aforementioned furniture
Wood planters
Stakes of wood
Covers for garden furniture, particularly seats and recliner cushions
Folding screen/room divider
Statues of plaster or plastics
Bamboo cane
Rain barrels, not of metal
Water tanks (not of metal)
Composters of wood or plastic
Air mattresses, not for medical purposes
Compost bins
Gas tank cabinets
Umbrella bases
Wooden planters and hanging baskets for flowers of non-metallic originals
Recreational gear, namely chairs and airbeds.
The mark was filed in class 21 with following description of goods:
Household, kitchen and barbecue utensils and containers (not of precious metal or coated therewith)
Sponges
Brushes as accessories to grills and barbecues
Articles for cleaning purposes
Steelwool
Glassware, porcelain and earthenware not included in other classes
Condiment holders, holders for grill tools, basting brushes, as accessories to grills and barbecues, cups, turners, skewers, spatulas, chef's tongs, drip pans, rib racks, roast holders, woks for barbecue grills
Non-electric portable coolers
Non-electric portable beverage coolers
Sprinkling devices
Sprinklers
Plastic planters for household use
Statues, of porcelain, glass or clay
Dustbins
Containers of plastic for household purposes, heat-insulated container/dispensers for drinks, drinking flasks for travellers
Coat brushes for animals
Animals fur combs, brushes, and sponges
Animal combs
Animal grooming gloves
Non-mechanical animal food dispensers
Food containers for animals
Watering vessels for animals
Toothbrushes for animals
Animal-operated feeder and water dispenser
(wooden or bamboo) broomsticks
Barbecue mitts, oven mitts
Planters of pottery, porcelain, glass or plastic
Containers for household items made of cork.
The mark was filed in class 22 with following description of goods:
Tents
Pop-up tents
Ropes, strings, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials
Canopies, pop up canopies
Recreational gear, namely tents, awnings and tarpaulins.
The mark was filed in class 24 with Towels.
The mark was filed in class 28 with Garden toys and games and kids play tents..