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EUTM file information

018500822

June 24, 2021

Trademark Summary

The trademark was filed by ClimatePartner GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 24, 2022, and received one opposition filed on April 21, 2022 by Rudolf Riester GmbH on Likelihood of confusion. the opponent was represented by LEINWEBER & ZIMMERMANN Patentanwalts-PartG mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 21, 2022

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 2 with following description of goods:
    1. Colorants
    2. Colorants
    3. Paint preparations
    4. Varnishes
    5. Thinners for coatings
    6. Preservatives against rust and against deterioration of wood
    7. Mordants
    8. Raw natural resins
    9. Metals in foil and powder form for painters, decorators, printers and artists
    10. Inks
    11. Toners
    12. Pigments.
  • The mark was filed in class 3 with following description of goods:
    1. Washing, cleaning and bleaching preparations
    2. Cleaning, polishing, scouring and abrasive preparations
    3. Soap
    4. Fragrant preparations
    5. Non-medicated oils
    6. Perfumery
    7. Ethereal oils
    8. Cosmetics
    9. Shampoo
    10. Hair lotions
    11. Hair preparations and treatments
    12. Hair colouring preparations
    13. Body cleaning preparations
    14. Skin, eye and nail care preparations
    15. Dentifrices
    16. Facial masks
    17. Cosmetics
    18. Preparations for sun protection
    19. Creams
    20. Make-up.
  • The mark was filed in class 4 with following description of goods:
    1. Industrial oils and greases
    2. Lubricants
    3. Dust controlling compositions
    4. Fuels (including motor spirit) and illuminants
    5. Mazut
    6. Non- chemical fuel additives
    7. Waxes and fluids
    8. Candles and wicks for lighting.
  • The mark was filed in class 5 with following description of goods:
    1. Medical, pharmaceutical and veterinary preparations and articles
    2. Pharmaceuticals and natural remedies
    3. Sanitary preparations for medical purposes
    4. Dietetic preparations adapted for medical use
    5. Food for babies
    6. Babies' diapers
    7. Beverages for infants
    8. Nutritional supplements
    9. Plasters, materials for dressings
    10. Disinfectants
    11. Preparations for destroying noxious animals
    12. Fungicides, herbicides
    13. Dental preparations and articles, and medicated dentifrices
    14. Material for stopping teeth, dental wax
    15. Alloys of precious metals as dental implants
    16. Sanitary preparations and articles
    17. Paper diapers.
  • The mark was filed in class 6 with following description of goods:
    1. Common metals and their alloys
    2. Building materials of metal
    3. Pipes, tubes and hoses, and fittings therefor, including valves, of metal
    4. Advertising material of metal, in particular, Signs, Advertising/notice boards, Goods of metal, namely
    5. Doors, gates, windows and window coverings of metal
    6. Buildings and transportable buildings of metal, including being climate-neutral
    7. Unprocessed and semi-processed materials of metal
    8. Non-electric cables and wires of common metal
    9. Ironmongery, small items of metal hardware
    10. Metal products, Namely metal components for building, Metal hardware, Statues and works of art of common metals
    11. Metal products, Namely aluminium ribs, Aluminium foil, Sheets of aluminium, boxes, Metal for tins, Containers of metal [storage, transport], Casks of metal, Barrel hoops of metal, Taps of metal for casks
    12. Ores of metal
    13. Heat sinks being construction elements
    14. Statues and works of art of common metals
    15. Containers, and transportation and packaging articles, of metal
    16. Staircases, frames, beams and scaffolding of metal for buildings
    17. Chimney parts of metal
    18. Chim-neys of metal.
  • The mark was filed in class 7 with following description of goods:
    1. Machine tools, and individual parts and fittings therefor
    2. Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
    3. Motors and engines (except for land vehicles)
    4. Machine coupling and transmission components (except for land vehicles)
    5. Pumps, compressors and fans
    6. Industrial robots
    7. Agricultural implements, other than hand-operated
    8. Incubators for eggs
    9. Printing machines
    10. Sweeping, cleaning, washing and laundering machines
    11. Moving and handling equipment
    12. Food and beverage processing and preparation machines and apparatus
    13. Vending machines
    14. Coffee dispensing machines
    15. Passenger elevators for buildings
    16. Vending machines.
  • The mark was filed in class 8 with following description of goods:
    1. Hand tools and implements [hand-operated]
    2. Cutlery
    3. Cutlery
    4. Side arms, razors.
  • The mark was filed in class 9 with following description of goods:
    1. Computers and computer hardware
    2. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
    3. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
    4. Data storage devices
    5. Apparatus for recording, transmission or reproduction of sound or images
    6. Information technology and audio-visual, multimedia and photographic devices
    7. Magnetic data media
    8. Coin-operated mechanisms
    9. Cash registers
    10. Fire extinguishers
    11. Software
    12. Amplifiers, in particular digital and electric amplifiers for use with musical instruments
    13. Interfaces
    14. Interface programs for computers, Software and other electronic databases for participation in climate protection programmes and for taking part in CO2 emissions accounting
    15. Software and software connections for computers, cloud and other electronic media, for CO2 calculation for businesses, for CO2 management and CO2 compensation
    16. Mobile telephone cases of leather or imitation leather
    17. Cases adapted for mobile phones, of the following materials: Cow hide, imitation letter
    18. Goods of plastic, namely RFID cards
    19. Mobile telephone cases of animal skins and hides
    20. Office and household printers.
  • The mark was filed in class 10 with following description of goods:
    1. Surgical, medical, dental and veterinary apparatus and instruments
    2. Physical therapy equipment
    3. Massage apparatus
    4. Foam massage rollers
    5. Massage rollers
    6. Physiotherapy and rehabilitation equipment
    7. Hearing protection devices
    8. Feeding aids and pacifiers
    9. Diagnostic, examination, and monitoring equipment
    10. Medical furniture and bedding, equipment for moving patients
    11. Medical clothing
    12. Prosthetics and artificial implants
    13. Orthopaedic aids
    14. Mobility aids
    15. Artificial organs and implants
    16. Dental implants
    17. Dental prostheses
    18. Hearing aids.
  • The mark was filed in class 14 with following description of goods:
    1. Precious metals and their alloys
    2. Jewellery
    3. Precious metals
    4. Horological and chronometric instruments, and parts and straps therefor
    5. Clock cases
    6. Advertising material of metal, Namely key rings.
  • The mark was filed in class 15 with following description of goods:
    1. Musical instruments
    2. Music accessories, in particular cases, trunks and bags for musical instruments
    3. Tuning apparatus
    4. Stands and dampers for musical instruments.
  • The mark was filed in class 16 with following description of goods:
    1. Paper, cardboard and products made from these materials, Namely pouches, bags, Carrier bags, Waste bags, Bibs, Flags, Tapes, Tissues, Table pads, napkins, paper coasters, kitchen roll, hand towels, Handkerchiefs, Toilet paper, Signs, Posters, Tag labels, Cases, cartons, Filtering materials, Coffee filters, Bathroom tissue
    2. Paper, cardboard and products made from these materials, Namely writing pads, Document portfolios, Note books, Pamphlets, Postcards Newspapers, Periodicals, Legal pads and Adhesive note sets, Till rolls, File covers, Garlands, Flower-pot covers, furniture throws, Visiting cards, Paper for making bags and sacks, Industrial packaging containers of paper, Cardboard packaging, Printing paper, Papers for use in the graphic arts industry
    3. Advertising materials of paper and cardboard, in particular Advertising pamphlets, Promotional publications, Printed promotional material, Advertisement boards made of paper or cardboard, Signboards of paper or cardboard, Carrier bags, Notepads and Writing or drawing books, Postcards, calendars
    4. Printed matter
    5. Books
    6. Bookbinding material
    7. Photographs [printed]
    8. Photographic albums
    9. Stationery and instructional and teaching material (except apparatus)
    10. Adhesives for stationery or household purposes
    11. Artists' materials
    12. Typewriters and office requisites (except furniture)
    13. Correcting and erasing implements
    14. Plastic and paper materials for packaging (not included in other classes)
    15. Works of art and figurines of paper and cardboard, and architects' models
    16. Packaging containers of regenerated cellulose
    17. Packaging of paper, cardboard and cellulose
    18. Plastic films (flexible and adhesive)
    19. Advertising pamphlets
    20. Printing blocks
    21. Type [numerals and letters]
    22. Pencil cases and writing cases of leather or imitation leather.
  • The mark was filed in class 18 with following description of goods:
    1. Leather and imitations of leather and goods made therefrom, Namely handbags, Travelling bags, Pouches, Purses, Rucksacks, Folio cases, Suitcases, Exhibition bags
    2. Bags, purses of animal skins and hides
    3. Faux fur
    4. Trunks and suitcases
    5. Bags
    6. Satchels and other holders
    7. Cases
    8. Umbrellas and parasols
    9. Walking sticks and canes
    10. Saddlery
    11. Clothing and covers for animals
    12. Nose bags [feed bags]
    13. Bridle.
  • The mark was filed in class 19 with following description of goods:
    1. Building and construction materials and elements (not of metal), including being climate-neutral
    2. Pipes and ducts (not of metal) for building
    3. Coatings (building materials)
    4. Plaster of paris
    5. Asphalt, pitch, tar and bitumen
    6. Wood and artificial wood
    7. Stone, rock, clay and minerals
    8. Non-metallic transportable buildings, including being climate-neutral
    9. Chimneys, not of metal
    10. Components and building materials of glass
    11. Statues, figurines and works of art of materials including stone, concrete and marble, included in this class
    12. Gravestones
    13. Monuments, not of metal
    14. Doors, gates, windows and window coverings, not of metal
    15. Damp proof membranes of synthetic plastics materials
    16. Trade fair stands, not of metal.
  • The mark was filed in class 20 with following description of goods:
    1. Furniture
    2. Items of furniture
    3. Mirrors (silvered glass)
    4. Frames
    5. Goods of wood, namely wine boxes
    6. Goods of plastic materials, Namely cards, business cards, identity cards
    7. Bolsters
    8. Animal housing and beds
    9. Statues, figurines and works of art, and ornaments and decorations, of materials including wood, horn, wax, plaster or plastic, included in this class
    10. Containers, and closures and holders therefor, non-metallic
    11. Displays, stands and signage, non-metallic.
  • The mark was filed in class 21 with following description of goods:
    1. Household or kitchen utensils and containers (not of precious metal or coated therewith)
    2. Crockery and cookware, including of plastic, cardboard and paper
    3. Cosmetic and toilet utensils, and bathroom articles, in particular Tooth mugs, Soap racks, Toothbrushes, Toothbrush containers, Toothbrush holders, Oral care kits comprising toothbrushes and floss, Towel racks, Toilet brushes
    4. Brushes
    5. Material for brush-making
    6. Articles for cleaning purposes, cleaning instruments and furbishing preparations
    7. Unworked or semi-worked glass and glassware, except building glass
    8. Porcelain and earthenware not included in other classes
    9. Articles for the care of clothing and footwear
    10. Advertising material of metallic materials, in particular Drinking bottles of metallic materials, Lunch boxes and Decappers of metal.
  • The mark was filed in class 22 with following description of goods:
    1. Ropes, string, nets, tents, tarpaulins, sails, sacks, cords, not included in other classes
    2. Flock stuffing
    3. Filler material
    4. Padding materials (other than of rubber, paper, cardboard, gum or plastics)
    5. Packaging materials of textile
    6. Bags and sacks for packaging, storage and transport
    7. Raw textile fibers and substitutes
    8. Raw fibrous textile
    9. Fibres being semi-processed and unprocessed synthetic materials for textile purposes
    10. Straw, wadding, feathers and down being stuffing materials
    11. Hemp fibres
    12. Moisture-resistant fibres for textile purposes
    13. Wind-resistant fibres for textile purposes
    14. Elastic fibres for textile purposes
    15. Breathable fibres for textile purposes
    16. Insulating fibres for textile purposes.
  • The mark was filed in class 23 with Yarns and threads for textile use.
  • The mark was filed in class 24 with following description of goods:
    1. Fabrics, textile goods and substitutes for textile goods
    2. Filtering materials of textile, not included in other classes
    3. Furnishing fabrics and Textiles for furnishings
    4. Curtains
    5. Textile wall and ceiling coverings, Linens
    6. Banners of textile
    7. Printed textile piece goods
    8. Functional textiles of chemical and/or natural fibres.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Work clothes
    3. Gym suits
    4. Bathing suits
    5. Footwear
    6. Headgear
    7. Functional clothing.
  • The mark was filed in class 27 with following description of goods:
    1. Carpets, rugs and mats
    2. Floor coverings, including being artificial
    3. Wall and ceiling coverings, not of textile.
  • The mark was filed in class 28 with following description of goods:
    1. Toys, Games
    2. Video game apparatus
    3. Video games accessories
    4. Fairground and playground apparatus
    5. Gymnastic and sporting articles and equipment, not included in other classes
    6. Equipment for hunting and fishing
    7. Medicine balls
    8. Festive decorations and artificial Christmas trees.
  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game
    2. Seafood and shellfish
    3. Meat extracts
    4. Preserved, processed, dried and cooked fruits
    5. Vegetable
    6. Nuts
    7. Fungi
    8. Salads
    9. Potato products
    10. Jellies, jams, compotes
    11. Soups and broths
    12. Eggs, milk, milk products and substitutes therefor
    13. Cheese
    14. Edible oils and fats
    15. Sausage casings, natural or artificial
    16. Prepared insects, algae and larvae
    17. Ready meals and frozen food based on meat
    18. Ready meals and frozen meals consisting predominantly of fish
    19. Ready meals and frozen meals consisting predominantly of seafood
    20. Ready meals and frozen meals consisting predominantly of vegetables
    21. Ready meals and frozen meals consisting predominantly of poultry
    22. Ready meals and frozen meals consisting predominantly of kebabs
    23. Ready meals and frozen meals consisting predominantly of eggs.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, teas and cocoa and substitutes therefor
    2. Sugar
    3. Natural sweeteners
    4. Rice
    5. Tapioca
    6. Sago
    7. Flour and preparations made from cereals
    8. Pastry and confectionery
    9. Bread
    10. Chocolate and goods made therefrom
    11. Desserts
    12. Confections, in particular, Candy, Fruit gums, Liquorice [confectionery], Chewing gum
    13. Ices, Edible ices, frozen yoghurt and sherbets
    14. Cereal bars and energy bars
    15. Batter and baking mixtures therefor
    16. Honey and bee products for food
    17. Syrups and treacles
    18. Sweet glazes and fillings
    19. Cereals
    20. Yeast, baking-powder and other leavening agents
    21. Salt
    22. Mustard
    23. Vinegar
    24. Sauces, chutneys and pastes
    25. Seasonings
    26. Flavouring for beverages
    27. Ready meals and frozen meals based on rice
    28. Ready meals and frozen meals in the form of pizzas
    29. Dry and liquid ready-to-serve meals, mainly consisting of pasta
    30. Frozen meals consisting primarily of pasta
    31. Fresh and dried pasta.
  • The mark was filed in class 31 with following description of goods:
    1. Agricultural, horticultural and forestry products and grains, not included in other classes
    2. Eggs for hatching, fertilized
    3. Live animals
    4. Fish, live
    5. Animal foodstuffs
    6. Bedding and litter for animals
    7. Algae for human or animal consumption
    8. Fresh fruits and vegetables
    9. Fresh nuts and herbs
    10. Berries
    11. Malts and unprocessed cereals
    12. Natural plants and flowers
    13. Seeds, bulbs and seedlings for plant breeding
    14. Trees and forestry products
    15. Plant residues (raw materials)
    16. Fungi
    17. Food for animals.
  • The mark was filed in class 32 with following description of goods:
    1. Beers and brewery products
    2. Imitation beer
    3. Shandy
    4. Mineral and aerated waters and other non-alcoholic beverages
    5. Juices and spritzers (fruit juices)
    6. Syrups and other preparations for making beverages.
  • The mark was filed in class 33 with following description of goods:
    1. Alcoholic beverages (except beers)
    2. Preparations for making alcoholic beverages
    3. Alcoholic mixed beverages, other than beer-based mixed beverages
    4. Spirits [beverages]
    5. Wine spritzers.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Business management
    3. Marketing and promotion services
    4. Providing of professional business information and consultancy in relation to e-commerce
    5. Business consultancy and advisory services
    6. Business administration
    7. Office functions
    8. Book-keeping
    9. Administrative data processing
    10. Personnel management
    11. Head hunting
    12. Placement of staff
    13. Business analysis, research and information services
    14. Professional business consultancy in relation to environmental pollution prevention, climate neutrality, climate protection and climate-neutral businesses
    15. Drafting and proposal of professional business climate protection strategies
    16. Accounting with emission certificates
    17. Drawing up of business expert reports
    18. Production of advertising matter and commercials
    19. Public relations services
    20. Trade show and commercial exhibition services
    21. Loyalty, incentive and bonus program services
    22. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to chemicals, substances for laundry use, toiletry preparations, industrial oils and lubricants, medical, pharmaceutical and veterinary preparations and articles
    23. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to common metals and building materials of metal, machine tools, hand tools and implements, hand-operated
    24. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to computers and computer hardware, software
    25. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to scientific instruments, cameras (photography), cinematographic apparatus, measuring apparatus, signalling apparatus, checking (supervision) instruments, teaching apparatus
    26. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to surgical, medical, dental and veterinary instruments and apparatus
    27. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to musical instruments, music accessories, stationery, printed matter, leather and imitations of leather, building materials and construction elements, furniture, furnishings, household or kitchen utensils and containers
    28. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to ropes, string, nets, tents, tarpaulins, sails, sacks, yarns and threads, for textile use, textile goods, textiles and substitutes for textiles, filtering materials of textile, clothing, footwear, headgear
    29. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to carpets, wall and ceiling coverings, toys, video game apparatus, video games accessories, gymnastic and sporting articles, and sports equipment
    30. Retailing and/or wholesaling, including via the internet or other telecommunications media, in relation to meat, fish, poultry, game, dried and cooked fruits, vegetables, fresh and processed foodstuffs, coffee, tea, cocoa, agricultural, horticultural and forestry products, beers, mineral waters and other non-alcoholic beverages, alcoholic beverages
    31. Auctioneering services
    32. Rental of vending machines and office machines, Computerized file management, Drafting of professional business strategies and reports in relation to climate protection
    33. Professional business consultancy in relation to climate protection strategies.
  • The mark was filed in class 36 with following description of goods:
    1. Insurance underwriting
    2. Insurance underwriting and appraisals and assessment for insurance purposes
    3. Finance services and Bill paying services
    4. Provision of prepaid cards and tokens
    5. Loan and credit, and lease-finance services
    6. Financial services in the field of emissions certificate trading
    7. Fundraising and financial sponsorship
    8. Valuation services
    9. Real estate affairs
    10. Trade in CO2 emission certificates
    11. Trading in emissions certificates
    12. Emission rights trading and mediation of emission rights.
  • The mark was filed in class 37 with following description of goods:
    1. Construction
    2. Repair, installation, cleaning and maintenance in the field of technical apparatus and machines
    3. Cleaning in the field of buildings
    4. Glazier services
    5. Extermination, disinfection and pest control
    6. Climate-neutral construction works
    7. Services provided by chimney sweeps
    8. Construction of chimneys
    9. Installation of cellular communications systems.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Communications by cellular phones
    3. Broadcasting services
    4. Telephone and mobile telephone services
    5. Information, consultancy and advisory services relating to telecommunications
    6. Provision of communications via radio
    7. Computer communication and Internet access
    8. Providing of access to content, websites and internet portals, and e-commerce platforms
    9. Provision and rental of telecommunications facilities and equipment.
  • The mark was filed in class 39 with following description of goods:
    1. Transport
    2. Messenger courier services
    3. Delivery of letters and goods by courier
    4. Moving services
    5. Mail delivery and courier services
    6. Rental of means of transport
    7. Navigation (positioning, and route and course plotting)
    8. Arranging for visas, passports and travel documents for persons travelling abroad
    9. Distribution by pipeline and cable
    10. Packaging, distribution and storage of goods, including in a climate-neutral manner
    11. Organisation, arranging and conducting of sightseeing tours, travel tours and excursions, and escorting of travellers
    12. Rescue, recovery, towing and salvage services
    13. Transport services in the field of travel tours
    14. Airline ticket services
    15. Travel arrangement
    16. Cruises and ship travel
    17. Climate-neutral travel arrangement and mediation.
  • The mark was filed in class 40 with following description of goods:
    1. Customised manufacture and production, namely production of glasses and bottles
    2. Energy production
    3. Material treatment information
    4. Printing
    5. Recycling and waste treatment
    6. Printing, and photographic and cinematographic development
    7. Duplication of audio and video recordings
    8. Air and water conditioning and purification
    9. Slaughtering
    10. Food and beverage treatment
    11. Services provided by cheese dairies.
  • The mark was filed in class 41 with following description of goods:
    1. Training and education
    2. Arranging and conducting of conferences, congresses, exhibitions, seminars and training, and competitions
    3. Event management
    4. Services provided by event planners
    5. Gambling services
    6. Publishing and reporting
    7. Sporting and cultural activities
    8. Audio, film, television and multimedia productions, and photography
    9. Publishing services
    10. Sports and fitness services
    11. Organization of sports competitions
    12. Lending library services
    13. Translation and interpretation, Driving instruction.
  • The mark was filed in class 42 with following description of goods:
    1. Services in the field of science and technology and research and development related thereto
    2. Industrial analysis and research services
    3. Laboratory services in relation to foodstuffs
    4. Technical and scientific consultancy in relation to climate protection strategies
    5. IT services
    6. Data duplication and conversion services
    7. Data coding services
    8. Software development, programming and implementation
    9. Design and development of computer hardware
    10. Hosting of e-commerce platforms, including on the internet
    11. Analysis in relation to hardware and software
    12. Hosting, software as a service (SaaS) and rental of software and computer hardware
    13. Data security services
    14. Hosting computer sites [web sites]
    15. Hosting web portals
    16. Hosting of online shops and e-commerce platforms on the internet
    17. Hosting of databases
    18. Cloud hosting provider services
    19. Medical and pharmacological research services
    20. Engineering services
    21. Surveying, architecture and urban planning
    22. Calculation of emissions
    23. Testing, authentication and quality control
    24. Technical monitoring, inspection and certification of vehicles, machines and installations
    25. Drafting of scientific strategies and scientific reports, and surveying
    26. Drafting of scientific strategies and reports and surveying in relation to climate protection
    27. Certification [quality control]
    28. Quality testing of products for certification purposes
    29. Testing, analysis and evaluation of the goods and services of others for the purpose of certification.
  • The mark was filed in class 43 with following description of goods:
    1. Providing of food and drink and temporary accommodation
    2. Boarding for animals
    3. Rental of furniture, linens and table settings
    4. Food and drink catering
    5. Nurseries, day-care and elderly care facilities
    6. Event facilities and temporary office and meeting facilities.