The trademark MIKAMAX was filed by MikaMax B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 13, 2021, and received one opposition filed on September 13, 2021 by Minimax GmbH on Likelihood of confusion. the opponent was represented by GÖHMANN RECHTSANWÄLTE ABOGADOS ADVOKAT STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on August 29, 2023.
Goods And Services
The mark was filed in class 8 with following description of goods:
Hand tools and implements [hand-operated]
Cutlery
Sidearms not including firearms
Hand-operated hygienic and beauty implements for humans and animals
Razors, beard trimming devices
Curling tongs and Hair straighteners
Manicure and pedicure tools
Manicure and pedicure sets
Cutlery, kitchen knives, and cutting implements for kitchen use
Penknives
Screwdrivers and screwdriving set
Offset ring wrenches
Socket spanners
Multifunctional pliers
Pliers
Strimmers
Parts for the aforesaid goods, included in this class.
The mark was filed in class 9 with following description of goods:
Measuring, signalling, checking (supervision), life-saving apparatus and instruments, none of the aforesaid relating to fire, gas, smoke, hazard, or emission detection, protection or suppression
Counting, alignment and calibrating instruments
Weight measuring instruments
Time recording apparatus
Measuring cups and measuring spoons
Exposure meters [light meters]
Hygrometers not relating to fire, gas, smoke, hazard, or emission detection, protection or suppression
Digital fat meters
Measuring tapes
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, including batteries, car chargers, power banks, battery packs, electric couplings, wires, world plugs, adaptor plugs, cable splitters, adaptors and docking stations
Tripods and mounting devices for cameras and telephones
Apparatus for recording, transmission or reproduction of sound or images
Converters
Cables, including the following goods: Cables, USB cables, Data cables, Coaxial cables and Ethernet cables
Cable ducts and cable boxes
Loudspeakers, Headsets, earphones
Microphones
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Coin-operated mechanisms
Cash registers, calculating machines
Data processing equipment, computers, Software, none of the aforesaid relating to fire, gas, smoke, hazard, or emission detection, protection or suppression
Bags, cases, covers, sleeves, sheaths, pouches and holders especially adapted for (mobile) phones, laptops, tablets, cameras
Lanyards and straps for (mobile) phones, laptops, tablets, cameras
Screen protectors, Toughened glass
Car kits
Smartwatches
Data armbands
Pedometers, Electronic navigation systems
Global positioning instruments, transmitters, receivers and systems
Light boxes
Modular sign panels [luminous]
Bar code readers
Optical apparatus and instruments
Spectacles, including sunglasses, bicycle glasses and goggles
Spectacle lenses
Spectacle frames
Eyewear cases, Cases, chains and cords
Parts for the aforesaid goods included in this class.
The mark was filed in class 10 with following description of goods:
Medical instruments and apparatus, including mechanical contraceptives, including condoms, intra-uterine devices, pessaries, canulae and specula
Apparatus, instruments and articles for sexual activities
Sexual aids and stimulation means, Including vibrators, Sexual aids and stimulation means, Including artificial penises
Sex toys
Massage apparatus
Vibration-generating apparatus for massage and sexual stimulation purposes
Love dolls [sex dolls].
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, and sanitary purposes
Electric heating systems
Fans, Electrical refrigerating apparatus
Lighting apparatus
Lights
Light objects
Decorative lights
Strings of lights for decorative purposes
Chinese lanterns
Paper lanterns, Projector lamps
Garden lighting
Outdoor lighting
Apparatus for heating, cooking, refrigerating and processing foodstuffs and beverages, including grills, electric skillets, deep fryers, ovens, microwave ovens (cooking apparatus), coffee makers, kettles, cooking stoves, bread toasters, ice machines, raclette sets and fondue sets
Popcorn makers
Cotton candy making machines
Apparatus for refrigerating and freezing equipment, Including the following goods: Refrigerators and Freezers
Barbecue apparatus and equipment.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins and hides
Trunks (luggage) and carrying bags
Bags, including shoulder bags and sports bags
Luggage and carrying bags
Umbrellas and parasols
Walking staffs
Whips, harness and saddlery
Collars, leads and clothing for animals, Suitcases
Shopping bags
Rucksacks
Purses, pouches and wallets
CARD CASES
Cases
Luggage tags
Luggage covers
Garment carriers
Cosmetic purses
Vanity cases, not fitted
Parts for the aforesaid goods included in this class.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cooking and table utensils, other than knives, forks and spoons
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Unworked or semi-worked glass, except building glass
Glassware, chinaware, porcelain and earthenware
Handle big cup, Glasses, Decanters, Drinking bottles, Decanters
Carving boards
Cutting boards for the kitchen
Blenders for food [non-electric]
Griddle pans, Scouring sponges, Grill brushes, Barbecue spatulas, Barbecue brushes, Oil brushes and sauce brushes, Oven mitts and barbecue gloves, for household use.
The mark was filed in class 28 with following description of goods:
Games and playthings and Toys, videogaming apparatus
Education toys
Toys of wood, metal and plastic
Stress relief exercise balls
Outdoor toys
Swings
Flumes
Swings
Inflatable toys
Inflatable swimming floats
Inflatable swimming pools
Stuffed toys
Gymnastic and sporting articles
Soccer goals
Basketball nets
Sporting articles, equipment, devices and apparatus for power training
Physical training and fitness apparatus
Physical education equipment
Indoor bicycle trainers
Aerobic step machines
Benches for sporting use
Dumb-bells [for weight lifting], Kettle bells for weightlifting and Dumbbells for weightlifting
Balls, Including the following goods: Soccer balls, Field hockey balls, Basketballs and Volley balls
Walking globes
Swiss balls
Skipping ropes
Trampolines
Punching bags
Inflatable punching bags
Boxing gloves
Hockey sticks and gloves
Football equipment
Sport gloves, protecting knee pads for sports, Shin protectors for sports use, Athletic protective arm pads and Wrist pads for sports
Bags for sports adapted for carrying sporting articles and Cases specially adapted for sports equipment
Sports games
Costume masks
Festive decorations, party novelties and artificial Christmas trees
Decorations for Christmas trees.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing
Market prospecting, research and analysis
Business intermediary services in the purchase and sale, Import and export, retailing and wholesaling in relation to the following goods: Hand-operated hand tools and implements, Table cutlery, forks and spoons, Side arms, other than firearms, Hand-operated hygiene and beauty care implements for human beings and animals, Shaving equipment, Beard trimmers, Curling tongs and Hair straighteners, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Manicure and pedicure implements, Manicure and pedicure kits, Flatware, Culinary knives and Cutting tools for use in the kitchen, pen knives, Screwdrivers and screwdriver sets, nut spinners, spanner sockets, Multifunctional pliers, Tongs and pliers, string strimmers, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Scientific, nautical, teaching, surveying, photographic, cinematographic, optical, weighing apparatus and instruments
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: measuring, signalling, checking (supervision), life-saving apparatus and instruments, none of the aforesaid goods relating to fire, gas, smoke, hazard, or emission detection, protection or suppression
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: counting, alignment and calibrating instruments, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Instruments for weight measurement, Time recording apparatus, Measuring cups and Measuring spoons, Exposure meters (light meters)
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Digital fat meters, tape measures, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Apparatus and instruments for the conduction, distribution, conversion, storage, regulation and control of electric current, including the following goods: Batteries, Car chargers, Power banks, Battery packs, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Couplings, electric, Threads, World plugs, Adapter plugs, Cable splitters, adaptors and Docking stations, Tripods and mounting devices for cameras and telephones, Apparatus for recording, transmission or reproduction of sound or images, Converters, Wires,Including cables, USB cables, Data cable, Coaxial cables and Ethernet cables, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Cable ducts and cable boxes, Speakers, Headphones, ear phones, Microphones, Magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: mechanisms for coin-operated apparatus, Cash registers, calculating machines
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: data processing equipment and computers, Computer software, none of the aforesaid goods relating to fire, gas, smoke, hazard, or emission detection, protection or suppression
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Bags, cases, covers, sleeves, sheaths, pouches and holders specially adapted for mobile phones, laptops, tablet computers, cameras, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: equipment and instruments, Lanyards and straps for (mobile) phones, laptops, tablets, cameras, equipment and instruments, Screen protectors, Toughened glass, Car kits, Smartwatches, Connected bracelets, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Step counters, Electronic navigational systems, Global positioning instruments, GPS transmitters, GPS receivers and Global Positioning System (GPS) apparatus, Protective and safety clothing, Light boxes, Modular sign panels [luminous], Barcode scanners, optical apparatus and instruments, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Spectacles, including the following goods: sun glasses, Bicycle glasses and goggles, Spectacle lenses, Spectacle frames, Spectacle cases, Cases, chains and cords, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Medical apparatus and instruments, Including mechanical contraceptives, Such as Condoms, Intrauterine articles, Pessaries, Cannulae and speculae, apparatus, Sexual activity devices and articles
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: Sexual aids and stimulation means Including vibrators and artificial penises, love toys, Massage equipment, Vibration-generating apparatus for massage and sexual stimulation, Love dolls [sex dolls]
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, and sanitary purposes, electric warmers, Of fans, electrical refrigeration apparatus, Apparatus for lighting, Lamps, Lighting objects
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: decorative lights, Strings of lights for decorative purposes, Decorative festive lighting, Paper lanterns Projector lamps, Garden lighting, outdoor lighting
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Apparatus for heating, cooking, cooling and processing foodstuffs and beverages, including the following goods: Grills, electric pans, Frying machines, ovens, micro-wave ovens, coffee percolators, Kettles, Kitchens, toasters, Ice-cream makers, Gourmet sets and Fondue sets
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Popcorn makers, machines for making candy floss, Apparatus for refrigerating and freezing equipment, including refrigerators and freezers, Barbecue cooking apparatus and Barbecue installations
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: leather and Imitation leather, animal skins and hides, Trunks and carrying bags, Panniers, Including shoulder bags and sports bags, luggage and carrying bags, Umbrellas and parasols, walking sticks, Whips, Harness and saddlery, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Collars for animals, Lead for animals and covers for animals, Valises, Shopping bags, Rucksacks, Wallets, Exchanges and change purses, Card holders, Cases, Luggage labels, Luggage covers, carriers for clothing, Make-up pouches, vanity cases, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Household or kitchen utensils and containers, Kitchen and table utensils, Other than table forks, Knives and spoons, Combs and spongers, Brushes (except paint brushes), Brush-making materials, articles for cleaning purposes, un-worked or semi-worked glass, Except glass used in building
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Glassware, Porcelain ware and earthware, Bowls (basins), Mugs, glasses, Decanters, drinking bottles, Decanters, Cutting boards, Cutting boards for kitchen use, Non-electric blenders for foodstuffs
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: skillets, Wire wool, Barbecue brushes, Barbecue spatulas, barbecue brushes, oil brushes and sauce brushes, barbecue mitts and gloves, For household purposes
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: games, Toys and Toys, video game apparatus, developmental toys, Toys of wood, metal and plastic, stress relief exercise balls, outdoor toys, Swings, slides (playthings), Swings, Inflatable toys, Inflatable swimming floats, inflatable swimming pools
Business intermediary services in the purchase and sale, import and export, Retailing and wholesaling in relation to the following goods: cuddly toys, Gymnastic and sporting articles, soccer goals, basketball nets, Sporting articles, equipment, devices and apparatus for power training, Fitness and training apparatus, Body training apparatus, Exercise bicycles, aerobic step machines, benches for sporting use
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: dumb-bells [for weight lifting], Kettle bells for weightlifting and Dumbbells for weightlifting, Balls, including the following goods: soccer balls, field hockey balls, Basket balls and volley balls, Walking globes, swiss balls, jump ropes, Springboards, Punching bags, Inflatable punching bags, Gloves (boxing)
Business intermediary services in the purchase and sale, import and export, Wholesaling and retailing in relation to the following goods: Hockey sticks and Hockey gloves, football equipment, Gloves, Knee guards, shin guards, arm guards guards and protective wrist pads specifically for sports, Bags for sports and cases adapted for carrying sports articles, Sports games, masquerade masks, Festive decorations, party novelties and artificial Christmas trees, Christmas decoration
Blenders, Articles of clothing, Dressing up costumes, Furniture, Cusions, Bed blankets and Underwater scooters
Provision of commercial information
Merchandising
Compiling, managing and processing data files
Arranging of events for promotional, publicity and/or commercial purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.