The trademark HOFBURG was filed by Burghauptmannschaft Österreich, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 18, 2021, and received one opposition filed on September 15, 2021 by Josef Drathen GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PATENTANWALT DR.-ING. JÖRG WAGNER, TRIERPATENT and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 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 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Coin-operated mechanisms
Cash registers, calculating machines
Computers and computer peripherals
3D spectacles
Audiovisual teaching apparatus
Films, exposed
Downloadable image files
Spectacles
Spectacle cases
Spectacle frames
Compact disc players
Chips [integrated circuits]
Compact discs [read-only memory]
Compact discs [audio-video]
Smartglasses
Data processing apparatus
Decorative magnets
Transparencies [photography]
Digital photo frames
Digital signs
DVD players
Electronic book readers
Electronic notice boards
Earpieces for remote communication
Integrated circuits
Integrated circuit cards [smart cards]
Directional compasses
Headphones
Cosmographic instruments
Battery chargers
Laptop computers
Bags adapted for laptops
Lasers, not for medical purposes
Magic lanterns
Loudspeakers
Readers [data processing equipment]
Personal digital assistants [PDAs]
Periscopes
Apparatus and instruments for physics
Record players
Projection apparatus
Radios
Reflective articles for wear, for the prevention of accidents
Egg timers [sandglasses]
Satellite navigational apparatus
Cordless telephones
Head protection
Protective masks
Selfie sticks [hand-held monopods]
Transmitters [telecommunication]
Signalling whistles
Smartphones
Smartwatches
Sunglasses
Computer memory devices
Goggles for sports
Tripods for cameras
Tablet computers
Telecommunication apparatus in the form of jewellery
Audio- and video-receivers
Portable media players
Wearable activity trackers
Transponders
Video screens
Camcorders
Wearable computers.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Stationery and office requisites (except furniture)
Drawing materials and materials for artists
Teaching materials [except apparatus]
Arts, crafts and modelling equipment
Works of art and figurines of paper and cardboard, and architects' models
Photographs [printed]
Graphic prints and reproductions
Pictures
Paintings
Reproductions of paintings
Art prints
Lithographic prints and Works of art
Art mounts
Books
Prospectuses
Pamphlets
Periodicals
Newspapers
Calendars
Catalogues
Display binders
Events programmes
Flyers
Travel magazines, Art magazines
Printed event admission tickets
Gift cards, Postcards and picture postcards
Writing paper
Posters
Signboards of paper or cardboard
Advertisement boards of paper or cardboard
Printed advertising boards of paper
Bags, pouches, Foils and Goods For packaging, wrapping and storage purposes all made of paper, cardboard or plastics
Gift wrap paper.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Luggage and carrying bags
Umbrellas and parasols
Walking sticks
Whips, harness and saddlery
Collars, leashes and clothing for animals
Briefcases
Pouch baby carriers
Backpacks for carrying infants
Slings for carrying infants
Beach bags
Pocket wallets
Bags for campers
Shopping bags
Purses
Suitcases
Handbags
Vanity cases, not fitted
Travelling sets [leatherware]
Rucksacks
Key cases
Conference folders.
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 and bitumen
Buildings, transportable, not of metal
Monuments, not of metal
Aquaria [structures]
Building materials, not of metal
Building stone
Buildings, not of metal
Rock crystal
Tile floorings, not of metal
Flagpoles [structures], not of metal
Figurines of stone, concrete or marble
Memorial plaques, not of metal
Manufactured timber
Geotextiles
Foundry moulds, not of metal
Gypsum [building material]
Latticework, not of metal
Tombs [monuments], not of metal
Gravestones
Wood for making household utensils
Wood veneers
Wooden floor boards
Fireplace mantles, not of metal
Stained-glass windows
Works of art of stone, concrete or marble
Artificial stone
Marble
Wall claddings, not of metal, for building
Mosaics for building
Building paper
Paperboard for building
Parquet flooring
Parquet floor boards
Pillars, not of metal, for building
Statues of stone, concrete or marble
Wainscotting, not of metal
Potters' clay
Aviaries [structures], not of metal
Ceilings, not of metal.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Glass, unworked or semi-worked, except building glass
Glassware, porcelain and earthenware
Dustbins
Mugs
Basins [receptacles]
Containers for household or kitchen use
Brooms
Beer mugs
Holders for flowers and plants [flower arranging]
Syringes for watering flowers and plants
Window-boxes
Flower pots
Candy boxes
Bread baskets for household purposes
Busts of porcelain, ceramic, earthenware, terra-cotta or glass
China ornaments
Decorative glass spheres
Plates for diffusing aromatic oil
Egg cups
Buckets
Chopsticks
Figurines of porcelain, ceramic, earthenware, terra-cotta or glass
Bottles
Containers for household or kitchen use
Watering cans
Mosaics of glass, not for building
Coffee services [tableware]
Comb cases
Jugs
Decanters
Candle jars [holders]
Candelabra [candlesticks]
Cooking utensils, non-electric
Baskets for household purposes
Make-up brushes
Cosmetic utensils
Cosmetic spatulas
Crystal [glassware]
Cake moulds
Kitchen containers
Kitchen utensils
Kitchen utensils
Basting brushes
Isothermic bags
Works of art of porcelain, ceramic, earthenware, terra-cotta or glass
Powder compacts, empty
Candelabra [candlesticks]
Chamber pots
Place mats, not of paper or textile
Fruit bowls
Cups of paper or plastic
Cookie [biscuit] cutters
Powder puffs
Salt cellars
Brushes for footwear
Soap holders
Table napkin holders
Piggy banks
Statues of porcelain, ceramic, earthenware, terra-cotta or glass
Boot jacks
Trays for household purposes
Services [dishes]
Cups
Teapots
Table plates
Fitted vanity cases
Pottery
Oven mitts
Potholders
Pie servers
Drinking bottles for sports
Drinking vessels
Drinking glasses
Straws for drinking
Tankards
Vases
Sugar bowls
Sugar tongs.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees
Fishing tackle
Rattles [playthings]
Building games
Building blocks [toys]
Drones [toys]
Electronic targets
Fencing weapons
Remote-controlled toy vehicles
Fidget toys
Amusement machines, automatic and coin-operated
Machines for physical exercises
Apparatus for games
Conjuring apparatus
Parlour games
Golf gloves
Golf clubs
Golf bags, with or without wheels
Golf bag trolleys
Appliances for gymnastics
Playing cards
Confetti
Spinning tops [toys]
Party balloons
Matryoshka dolls
Toy mobiles
Scale model kits [toys]
Marbles for games
Paper party hats
Stuffed toys
Plush toys
Dolls
Dolls' houses
Dolls' clothes
Dolls' rooms
Jigsaw puzzles
Ring games
Roller skates, in-line skates
Trading cards for games
Chess games
Rocking horses
Novelty toys for playing jokes
Snow globes
Novelty toys for parties
Balls for games
Dice
Play tents
Toys for pets
Toy vehicles
Toy figures
Toy models
Toy robots
Teddy bears
Table-top games
Darts
Discuses for sports
Flying discs [toys].
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice cream, sorbets and other kinds of edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, condiments, spices, preserved herbs
Vinegar, sauces and other condiments
Ice [frozen water]
Candy
Buns
Burritos
Petit-beurre biscuits
Cheeseburgers [sandwiches]
Chow-chow [condiment]
Chutneys [condiments]
Couscous [semolina]
Crème brûlée
Croissants
Croûtons
Iced tea
Peanut confectionery
Potato-based flatbreads
Spring rolls
Pastries
Fruit jellies [confectionery]
Tea-based beverages
Chips [cereal products]
Cereal preparations
Cereal bars
Cereal-based snack food
Honey
Caramels [candy]
Chewing gum for breath freshening
Biscuits
Cakes
Liquorice [confectionery]
Gingerbread
Macaroni
Macaroons [pastry]
Marzipan
Rice pudding
Muesli
Nougat
Pains au chocolat
Pâtés en croûte
Lozenges [confectionery]
Pancakes
Pizzas
Popcorn
Puddings
Ramen [Japanese noodle-based dish]
Sandwiches
Chocolate mousses
Bread rolls
Spaghetti
Sushi
Tacos
Tarts
Waffles
Confectionery.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic drinks, mineral and aerated water
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Aloe vera drinks, non-alcoholic
Cocktails, non-alcoholic
Soft drinks
Non-alcoholic fruit juice beverages
Cider, non-alcoholic
Energy drinks
Vegetable juices [beverages]
Isotonic beverages
Lemonades
Syrups for lemonade
Whey beverages
Non-alcoholic essences for making beverages
Preparations for making aerated water
Shandy
Smoothies
Soya-based beverages, other than milk substitutes
Sherbets [beverages]
Tomato juice [beverage]
Grape must, unfermented.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beers)
Preparations for making alcoholic beverages
Alcoholic essences
Alcoholic beverages containing fruit
Cocktails
Distilled beverages
Liqueurs
Sake
Rum
Sake
Spirits [beverages]
Digestifs [liqueurs and spirits]
Brandy
Wine
Whisky
Vodka
All the aforesaid goods Other than sparkling wines and mulled wines.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration services
Office functions
Updating and maintenance of data in computer databases
Updating of advertising material
Cost price analysis
Business inquiries
Outdoor advertising
Business management and organization consultancy
Consultancy regarding public relations communication strategies
Consultancy regarding advertising communication strategies
Business management consultancy
Provision of an online marketplace for buyers and sellers of goods and services
Commercial information and advice for consumers in the choice of products and services
Providing business information via a web site
Professional business consultancy
Business project management services for construction projects
Book-keeping
Computerized file management
Data search in computer files for others
Advertising agency services
Auctioneering services
Retail services for works of art provided by art galleries
Development of advertising concepts
Compilation of statistics
Invoicing
Business management of performing artists
Commercial or industrial management assistance
Commercial administration of the licensing of the goods and services of others
Marketing
Market intelligence services
Market research
Market studies
Media relations services
Opinion polling
Public relations services
Online retail services for downloadable and pre-recorded music and movies
Online advertising on a computer network
Organization of exhibitions for commercial or advertising purposes
Business organization consultancy
Outsourced administrative management for companies
Presentation of goods on communication media, for retail purposes
Production of advertising films
Sponsorship search
Systemization of information into computer databases
Telemarketing services
Corporate communications services
Dissemination of advertising matter
Writing of publicity texts
Negotiation of business contracts for others
Sales promotion for others
Rental of billboards [advertising boards]
Rental of vending machines
Rental of sales stands
Rental of advertising space
Rental of advertising time on communication media
Advertising by mail order
Direct mail advertising
Competitive intelligence services
Commercial lobbying services
Targeted marketing
Compilation of information into computer databases.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities
Operation, Services, In relation to the following fields: Museums, Art galleries, Movie theatres, theatre, Concert halls
Providing leisure and recreation facilities
Providing of visitor attractions for entertainment and cultural purposes
Organising, conducting, In relation to the following fields: Presentation of exhibitions, festivals, Concerts, execution of live performances, Musical and cultural events, Events for cultural or educational purposes
Arranging, conducting, In relation to the following fields: Study meetings, Workshops, Colloquiums, Electronic desktop publishing, Conferences, Congresses, Competitions
Information relating to cultural activities
Education information
Lending library services
Box office services
Ticket reservation and booking services for events
Theatrical booking agencies
Publishing, reporting, and writing of texts
Publication of books
Providing online electronic publications, not downloadable
Online museum and art gallery services via telecommunications connections
Online publication of electronic books and journals
Online ticket booking services, for cultural purposes, For entertainment purposes
Providing user rankings for entertainment or cultural purposes
Audio, video and multimedia production, and photography
Production of radio and television programmes
Video editing services for events
Translation and interpretation
Rental of audio equipment
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Rental of artwork.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis, industrial research and industrial design
Quality control and authentication services
Design and development of computer hardware and software
Updating of computer software
Architectural consultancy
Consultancy in the design and development of computer hardware
Web site design consultancy
Providing of information relating to computer technology and programming via websites
Architectural services
Design of interior decor
Engineering services
Conducting technical project studies
Authenticating works of art
Electronic data storage
Research and development of new products for others
Creating and maintaining web sites for others
Graphic design of promotional materials
Graphic arts design
Hosting computer sites [web sites]
Construction drafting
Urban planning
Technological consultancy
Technological research
Rental of computers and computer software
Computer rental
Rental of web servers
Maintenance of computer software.
The mark was filed in class 43 with following description of goods:
Providing of food and drink and temporary accommodation
Services, in relation to the following fields: Bars, Restaurants, Self-services restaurant services
Take-away food and drink services
Food and drink catering
Banqueting services
Information services, advisory, consultation,, Booking services, in relation to the following fields: Provision of food and drink, Temporary accommodation
Rental, in relation to the following fields: Meeting rooms, Seating, Tables, table wear, Glasses, Cooking appliances.