The trademark 78 GIN TONIC was filed by Wartenberg Verwaltungs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 27, 2021, and received one opposition filed on September 26, 2021 by Ortín Toldrà, Jordi on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by ÁBACO PROPIEDAD INDUSTRIAL, S.L. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2021
It was designated 'Basic Application' for International Application 1635564 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Perfumery, essential oils, Toiletry preparations, namely creams, Talcum powder, for toilet use, Rouges, Eyebrow pencils, Eyelid shadow, Lipsticks, Lotion, Face lotions, Shampoos, Shaving creams and shaving foam, After-shave lotions, Deodorants for personal use.
The mark was filed in class 9 with Spectacles, sunglasses, spectacle cases, Eyeglass bags, Spectacle frames, Frames for sunglasses.
The mark was filed in class 14 with Jewellery, clocks and watches, costume jewellery, cuff links, tie pins and clips, necklaces, earrings, rings, bangles, bracelets, brooches, cases for clock and watchmaking, key rings, all the aforesaid goods of precious metals and their alloys and coated therewith.
The mark was filed in class 18 with Trunks and travelling bags, umbrellas, parasols, Leather and imitations of leather, Goods of leather and imitations of leather, namely bags, Trunks and suitcases, Small leather goods, Namely purses, Pocket wallets, Key cases and handbags, Briefcases and Travelling trunks, Suitcases, Bags, All not of leather..
The mark was filed in class 24 with Woven and knitted fabric, Bed and table covers, curtains, Textile materials for use in the manufacture of blinds, Household linen, table and bed linen, Towels of textile.
The mark was filed in class 25 with following description of goods:
Clothing (including woven and knitted clothing), In particular, Sports clothing, Articles of clothing for sports and leisure wear, Jeans and denim clothing, Shirts, In particular men's shirts, Casual shirts, Casual shirts, Polo shirts, Suit shirts, stringer vests, Dinner shirts, Dress shirts, Sweat shirts, Overshirts, Sweatshirts, jacket shirts, Tee-shirts, Women's shirts, Polo shirts
Clothing (including woven and knitted clothing), in particular blouses, Jerseys, tank tops, Suits, Jackets [clothing], Reversible jackets, Shirt jackets, Blousons, Shirt blousons, Duffel coats, Parkas, Waistcoats, Sleeveless sweaters, Coats, Dresses, skirts
Clothing (including woven and knitted clothing), In particular Skirts for women, Headscarves, scarfs, shawls, Trousers, shorts, sports trousers, Denim jeans, Denim jeans, Denim dungarees, Denim skirts, Denim dresses, jean skirts, Denim blouses, Denim jackets, Denim jackets
Clothing (including woven and knitted clothing), In particular Beachwear and swimwear, Bathing trunks, Bathing suits, Bikinis, Swimming trunks, Beach shorts, Bermuda shorts, Bath robes, Beach clothes and beach robes, Clothing for surfing, Clothing for water skiing, Regatta articles of clothing
Clothing (including woven and knitted clothing), In particular knitwear, namely pullovers, Slipovers, Jackets [clothing], Blousons, Shirt blousons, Waistcoats, Sleeveless sweaters, Sweaters, Coats, Dresses, skirts, Trousers, Shirts, blouses, Caps, headscarves, shawls, scarves, Stockings, Socks, ties, Gloves and bed jackets, Waist belts, Footwear, All the aforesaid goods for women, men and/or children.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organization and administration
Office functions
Retail and wholesale services, in relation the following goods, Bleaching preparations and other substances for laundry use, Furbishing preparations, polishing preparations, Grease-removing preparations, abrasive preparations, Perfumery, Essential oils, Toiletry preparations, namely Creams, powders, blush, Eyebrow pencils, Eye shades, Lipstick, Lotions, skin toners, Shampoos, Shaving creams and shaving foam, Shaving lotions, Deodorising preparations for personal use
Retail and wholesale services, in relation the following goods, Spectacles, Sunglasses, Eyeglass cases, Eyeglass bags, Spectacle frames, frames for sunglasses
Retail and wholesale services, in relation the following goods, Trunks and travelling bags, Umbrellas and parasols, Leather and imitations of leather, Goods made of leather and imitations of leather, namely Bags, Trunks and travelling bags, Small leather goods, namely Pouches, Wallets, Cases for keys and Handbags, Briefcases, Trunks and travelling bags, Bags, All not of leather
Retail and wholesale services, in relation the following goods, Woven and knitted fabric, Bed and table cloths, Wallpaper of textile, Curtains, window shades, Household linen, Bed linen and table linen, Towels of textile
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular, Sports clothing, Leisurewear and sportswear, Jeans and denim clothing, Shirts, In particular shirts for men, sports shirts, casual shirts, Polo-shirts, Tie-front shirts, string vests, Dinner shirts, dress shirts, sweatshirts, Overshirts, Sweatshirts, jacket shirts, T-shirts, Women's shirts, polo shirts
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular blouses, Pullovers, slipovers, suits, Jackets, reversible jackets, Shirt jackets, blousons, Shirt blousons, Duffel coats, anoraks, Waistcoats, Sleeveless sweaters, Coats, Dresses, skirts
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular Skirts for women, Headscarves, scarfs, shawls, Trousers shorts, Sports pants, Jeans, Denim trousers, Denim overalls, Denim skirts, denim dresses, denim shirts, Denim blouses, Denim jackets, Denim jackets
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular collar protectors, Pocket squares, underclothes, sports underwear, sleepwear, robes, Socks, Stockings, Neckties, Gloves, Headgear, Sports pants, Jersey sweaters for working out, unitards, tracksuits, Tracksuit pants, jogging suits, sweatpants, Jogging jackets, Jogging pullovers, jogging blousons, Articles of clothing for tennis
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular Beachwear and swimwear, swimming trunks, Bathing suits, bikinis, Swimming shorts, Beach shorts, Bermuda shorts, Bath robes, Beach dresses and Beach robes, Clothing for surfing, Clothing for water skiing, clothing for sailing
Retail and wholesale services, in relation the following goods, Ready-made clothing, Including knitted and woven, In particular knitwear, namely Pullovers, slipovers, Jackets, blousons, Shirt blousons, Waistcoats, Sleeveless sweaters, sweaters, Coats, gowns, SKIRTS PANTS, Shirts, blouses, Peaked caps, headscarves, Shoulder wraps, Scarves, Stockings, socks, Neckties, Gloves and bed jackets, Belts, Footwear, All the aforesaid goods for women, men and children
Business organization consultancy
Arranging of contracts, for others, for the buying and selling of goods.