The trademark qobra was filed by Benzy Markenprodukte GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 9, 2021, and received one opposition filed on October 24, 2021 by Cobra Golf Incorporated on Identity of marks and G&S. the opponent was represented by GÖHMANN RECHTSANWÄLTE ABOGADOS ADVOKAT STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on August 18, 2022.
The Opposition with reference B 003157122 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Industrial chemicals, Tanning substances
Dressings for restoring the leather of shoes [other than shoe polish]
Chemical sprays for stretching shoes
(additives), Motor oil additives, Additives, chemical, to motor fuel, drilling oils, cutting fluids, Antifreeze, Deicers
The aforesaid goods all being concentrates or sprays
Chemical welding preparations and solders, including all being concentrates or sprays
Waterproofing preparations, waterproofing chemicals for leather or textiles, waterproofing preparations for synthetic or cotton fabrics, waterproofing preparations for camping equipment, waterproofing for tents, waterproofing for cabriolet hoods
Including all the aforesaid preparations being concentrates or sprays
Adhesives for industrial purposes, adhesives for repairing broken objects, adhesives for repairing plastic foils, PVC adhesives, seam seals for coated and uncoated materials
The aforesaid goods being concentrates, sprays or pump sprays
Chemicals being auxiliary preparations for the manufacture, maintenance, repair and assembly of vehicles and machines, included in class 1
Including the aforesaid goods being sprays
Transmission oil
Mould-release preparations.
The mark was filed in class 2 with following description of goods:
Colorants
Mordants
Colorants
Shoe dyes
Coating compounds, lacquers, lacquers and paints, stripping lacquers
Sprays of the aforesaid lacquers and paints
The aforesaid goods for use in vehicles, motor vehicles or boats
Varnishes, varnishes for paintings, decorating paints, decorating sprays, spray products for model building, dipping paints, dipping plastic
Rust preventatives, anti-rust greases, anti-rust oils, corrosion preventatives, anti-rust primes, rust removers, rust converters, rust-stop primers, undercoat, priming fillers, priming paints, primers, undercoating for vehicle chassis, the aforesaid preparations being sprays or concentrates
The aforesaid goods for use in vehicles or motor vehicles
The aforesaid goods for the maintenance, repair and assembly of vehicles and machines, included in class 2
Including being sprays
Goods for removing rust, patina, paints and dirt, cleaning, maintenance, In relation to the following goods: vehicle parts, Machine parts, All the aforesaid goods included in class 2
Including the aforesaid goods being sprays
Goods of the aforesaid kind for objects, equipment, vehicles and machines for sporting, hobby and leisure purposes, in particular for outdoor use, included in class 2
Goods for bicycle maintenance and care, included in class 2
Including the aforesaid goods in spray form.
The mark was filed in class 3 with following description of goods:
Shoe sprays
Shoe polish
Shoe cream
Shoe black [shoe polish]
Cleansing and cleaning preparations
Leather and shoe cleaning and polishing preparations
Shoe cleaners [preparations]
Pastes for cleaning shoes
Shoe polish applicators containing shoe polish
Bleaching preparations
Laundry preparations
Furbishing preparations
Polishing preparations
Grease-removing preparations
Grinding preparations
Cosmetic goods, cosmetics, body hygiene preparations, shower and bath cosmetics, skin care products, perfume products, shaving preparations, skin care preparations, deodorants, hand cleaners
Including all the aforesaid goods being sprays or foams
Lip care preparations and cosmetics, nail care preparations and cosmetics, sunscreen preparations, tanning preparations, after-sun preparations
Including all the aforesaid goods being sprays
Oral care preparations (not for medical purposes), mouth sprays, mouthwash
Foot care preparations, foot sprays
All-purpose cleaners
Cleaning preparations for kitchen purposes, cleaning preparations for high-pressure cleaners, sanitary cleaners, including the aforesaid goods being concentrates or sprays
Goods for the cleaning and care of stone surfaces, furniture care products, goods for the cleaning and care of floors or carpets
Goods for the cleaning or care of leather goods, metal cleaners, glass cleaning products, glass and window cleaners, cleaning preparations for acrylic glass
Goods for the care, cleaning and repair of plastic articles, plastic surfaces, plastic tarpaulins or rubber, goods for the cleaning or care of textiles and down, stain removers, laundry care products, cleaning and care preparations for camping equipment, care and cleaning preparations for motor vehicles, trailers, caravans
Care and cleaning preparations for boats
Cleaning and care preparations for lacquered surfaces, in particular for vehicles
Care and cleaning preparations for vehicle interiors (cockpits), for motor vehicles, trailers, camper vans
Spray products for the cleaning and care of computer equipment
Care and cleaning preparations for sporting apparatus and equipment
Maintenance and care preparations for bicycles and motorcycles
The aforesaid goods being sprays or pump sprays
And concentrates of the aforesaid goods
Cleaning and care preparations for technical medical instruments and apparatus
Including being sprays.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Universal lubricants
Food-safe lubricants
Biodegradable lubricating grease
Lubricants
Synthetic lubricants
Adhesive lubricants
Adhesive greases
Synthetic adhesive lubricants
Lubricant grease
Lubricating oil
Silicone greases
Preparations for reducing wear on transmission belts
Belts (non-slipping preparations for -)
Anti-slide sprays
Anti-seize paste
Grease for leather
Lubricating metal
PTFE sprays
Conductive silver lacquer
Oil and grease-free synthetic lubricants
Industrial lubricants
Wood lubricants
Lubricating varnishes
Aluminium and copper lubricant pastes
Aluminium bronze sprays
Anti-stain
Bitumen-aluminium sprays
Ceramic pastes
Grease for chains
Chain care agents or oils
Nourishing oils, In relation to the following goods: Garden devices, hobby workshop apparatus, weapons, Sports equipment
The aforesaid preparations in spray form
The aforesaid goods for use with vehicles, motor vehicles, bicycles, sports equipment
Goods of the aforesaid kind for the manufacture, maintenance, repair and assembly of vehicles and machines, included in class 4.
The mark was filed in class 25 with Soles for footwear.