The trademark Scheffler was filed by JINMEI WU, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 16, 2021, and received one opposition filed on December 5, 2021 by Schaeffler Technologies AG & Co. KG on Likelihood of confusion. the opponent was represented by Ebner, Stefan and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 5, 2021
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 6 with following description of goods:
Common metals and their alloys
Ores of metal
Materials of metal for building and construction
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Metal containers for storage or transport
Safes.
The mark was filed in class 7 with following description of goods:
Power operated tools
Kitchen machines, electric
Kitchen knives (Electric -)
Electric kitchen tools
Vacuum cleaners.
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand operated) used in agriculture, horticulture and forestry, for the construction of machines, apparatus and vehicles, and for structural engineering
Hand tools, hand-operated
Hand implements, hand-operated
Cutting tools [hand tools]
Goffering irons
Cutters
Scissors
Scrapers [hand tools]
Mincing knives [hand tools]
Table cutlery (knives, forks and spoons)
Knives
Forks
Spoons
Side arms, other than firearms
Razors
Razors
Accessories for electric hair straighteners
Electric hair cutting apparatus
Flat irons
Polishing irons [glazing tools].
The mark was filed in class 11 with following description of goods:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
Cooking apparatus and installations
Cooking utensils, electric
Gas burners
Roasting apparatus
Kettles, electric
Microwave ovens [cooking apparatus]
Refrigerators
Desiccating apparatus
Air purifying apparatus and machines
Blankets, electric, not for medical purposes
Bakers' ovens
Ventilating fans
Electric toasters
Waffle irons
Sandwich makers
Frying machines
Baking machines
Air purifying apparatus
Air deodorizing apparatus
Ionization apparatus for the treatment of air or water
Hot plates
Hot plates
Cooking rings
Grill heating plates
Electric rotisseries
Heating apparatus
Apparatus for making foam while heating milk
Apparatus for making cocoa
Tea making machines
Electric coffee brewers
Electrical coffee pots incorporating percolators
Coffee percolators, electric
Sauce preparation equipment
Kettles
Hair dryers
Chocolate fountains, electric
Cooking, heating, cooling and preservation equipment, for food and beverages
Electric casseroles.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics and resins in extruded form for use in manufacturing processes
Sealing materials
Packing materials
Insulating materials
Flexible pipes, tubes and hoses, not of metal.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Rigid pipes, not of metal, for building
Asphalt
Pitch
Tar
Bitumen
Buildings, transportable, not of metal
Monuments, not of metal.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils
Containers for household or kitchen use
Cookware and tableware, except forks, knives and spoons
Combs
Sponges
Brushes
Material for brush-making
Cleaning articles
Glass, unworked or semi-worked, except building glass
Glassware
Porcelain ware
Earthernware
Steelwool
Household or kitchen utensils
Jars for household use
Cooking pots
Frying pans
Grills [cooking utensils]
Autoclaves, non-electric, for cooking
Glass flasks [containers]
Ceramics for household purposes, Cooking utensils, non-electric
Non-electric tea kettles
Coffeepots, non-electric
Vegetable brushes with peelers
Table plates
Stands for dishes
Insulated lids for plates and dishes
Dish drying racks
Draining trays
Woks
Pot lids
Frying pan lids
Ramekins
Sugar tongs
Knife blocks
Salt cellars
Pepper pots
Salt mills
Pepper mills, hand-operated
Spice grinders (Non-electric -)
Thermally insulated flasks for household use
Cruets
Cruet sets for oil and vinegar
Pie pans
Cake domes
Cake stands
Laundry baskets for household purposes
Drying racks for laundry
Waste paper baskets
Dustbins
Soap dispensers
Mugs
Soap containers
Soap brackets
Toothbrush containers
Containers for dentifrices
Utensil jars
Ironing boards
Ironing board covers, shaped.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes therefor
Linens
Curtains of textile or plastic
Bed and table covers.
The mark was filed in class 27 with following description of goods:
Carpets
Door mats
Mats
Linoleum
Floor coverings
Decorative wall hangings, not of textile.
The mark was filed in class 34 with following description of goods:
Tobacco
Tobacco substitutes
Cigarettes
Cigars
Electronic cigarettes
Oral vaporizers for smokers
Articles for use with tobacco
Matches.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services, Wholesaling services, in relation the following goods: Common metals and their alloys, Ores, Metal materials for building and construction, Transportable constructions of metal, Non-electric cables and wires of common metal, articles of metal hardware, Metal containers for storage or transport, Safes (strong boxes)
Retail services and Wholesaling services, in relation the following goods: Machine tools, Electric power tools, Motor and engines (except for land vehicles)
Retail services and Wholesaling services, in relation the following goods: propellers, Except for land vehicles
Retail services and Wholesaling services, in relation the following goods: Couplings and transmission components except for land vehicles
Retail services and Wholesaling services, in relation the following goods: Strumenti agricoli, Other than hand-operated hand tools
Retail services, Wholesaling services, in relation the following goods: Incubators for eggs, automatic vending machines, Electric kitchen machines, Electric kitchen knives, Electric kitchen tools, Vaacum cleaners, Robotic vacuum cleaners, Parts and attachments for all the aforesaid goods
Retail services and Wholesaling services, in relation the following goods: Hand tools and implements (hand operated) used in agriculture, horticulture and forestry, for the construction of machines, apparatus and vehicles, and for structural engineering
Retail services, Wholesaling services, in relation the following goods: Hand tools, hand-operated, Hand implements (hand-operated), Cutting tools, Goffering irons, Cutters, Scissors, Scrapers (hand tools), Mincing knives (hand tools), Cutlery, Knives, forks, spoons, Side arms, Razors, Shaving equipment, Accessories for electric hair straighteners, Electric hair cutting apparatus, Irons, Polishing irons [glazing tools]
Retail services, Wholesaling services, in relation the following goods: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Retail services and Wholesaling services, in relation the following goods: apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Retail services and Wholesaling services, in relation the following goods: Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded media, Downloadable media
Retail services, Wholesaling services, in relation the following goods: Computer software, Blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, Cash registers, Calculating devices, Computers, computer peripherals, Diving suits, Divers' masks, Ear plugs for divers, Nose clips for divers and swimmers, Gloves for divers, Breathing apparatus for diving, Fire extinguishers
Retail services and Wholesaling services, in relation the following goods: Weighing scales, motion detecting equipment, Fittings for motion sensors
Retail services, Wholesaling services, in relation the following goods: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes, Cooking apparatus and installations, Electric cooking utensils, Gas blowlamps, Roasting apparatus, Electric kettles, Microwave ovens [cooking apparatus], Refrigerators, drying apparatus, Air purifying apparatus and machines, Electric blankets, not for medical purposes
Retail services and Wholesaling services, in relation the following goods: Oven, fans, Electric toasters, Waffle maker, Sandwich makers, Frying utensils, Baking machines, Air purifying apparatus, Air-deodorising apparatus, air ionization apparatus, Warming dishes, Warming tray, Boiling tops, Grill heating plates, Electric rotisseries
Retail services and Wholesaling services, in relation the following goods: Heaters, Apparatus for making foam while heating milk, Apparatus for making cocoa, tea making machines, Electric coffee machines, Electrical coffee pots incorporating percolators, electric coffee percolators, Sauce preparation equipment, Water boilers, hair dryers, Electric chocolate fountains, Cooking, heating, cooling and preservation equipment, for food and beverages, electric pans
Retail services and Wholesaling services, in relation the following goods: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, Plastics and resins in extruded form for use in manufacturing processes, Sealing material, stopping materials, Insulating materials, Flexible pipes, tubes and hoses, not of metal
Retail services and Wholesaling services, in relation the following goods: Materials, Not of metal, for building, Non-metallic rigid pipes for building, asphalt, pitch, tar, bitumen, Transportable constructions, not of metal, Monuments, not of metal
Retail services and Wholesaling services, in relation the following goods: Household or kitchen utensils, Household or kitchen containers, Kitchen utensils and tableware, other than forks, knives and spoons
Retail services and Wholesaling services, in relation the following goods: Combs, Sponges, Brushes and paintbrushes, Except paintbrushes
Retail services and Wholesaling services, in relation the following goods: Brush-making materials, Articles for cleaning purposes, Unworked or semi-worked glass (except glass used in building)
Retail services and Wholesaling services, in relation the following goods: Glassware, Articles of porcelain, earthware, Wire wool
Retail services, Wholesaling services, in relation the following goods: Household or kitchen utensils, Receptacles for household purposes, saucepans, skillets, Grills (cooking utensils), Pressure cookers (autoclaves), other than electric, Glass flasks (containers), Household ceramics
Retail services and Wholesaling services, in relation the following goods: Bake ware, Non-electric tea makers, Non-electric coffeepots, Combs, Sponges, Vegetable brushes with integrated peelers, Crockery, Dish racks, Insulated lids for plates, dish drainers, draining trays, woks, Pot lids, pot covers, Pan covers, gratin dishes, Sugar tongs, knife blocks, dispensers for salt, pepper pots, salt mills, pepper mills, Non-electric spice mills
Retail services, Wholesaling services, in relation the following goods: Insulated bottles for household use, Cruets, Cruet sets for oil and vinegar, pie tins, Cake domes, Cake stands, laundry hampers for domestic or household use, Clothes horses, Waste paper baskets, Rubbish bins, Dispensers for soap, Bowls (basins), soap containers, Soap holders, Toothbrush containers, Containers for dentifrices, Utensil jars, Ironing boards, Ironing board covers [shaped]
Retail services and Wholesaling services, in relation the following goods: Textiles and substitutes therefor, Household linen, Curtains of textile or plastic, Bed and table cloths
Retail services and Wholesaling services, in relation the following goods: Mats, Foot mats, Mats, Linoleum, Floor coverings, Wall hangings not of textile
Retail services and Wholesaling services, in relation the following goods: Tobacco, Tobacco substitute, Cigarettes, cigars, electronic cigarettes, oral vaporizers for smokers, Smokers' articles, matches.