The trademark OMC was filed by NOCTURNAL FLOW LTD, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on October 18, 2021, and received one opposition filed on December 26, 2021 by FERRER MARÍN, FRANCISCO JUAN on Likelihood of confusion. the opponent was represented by PADIMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 4 with following description of goods:
Gas propane
Coal
Firelighters
Firewood
Wood for use as fuel
Fuels
Gas cartridges
Gas fuels
Heating oil
Household fuel briquettes
Kindling
Kerosene
Peat [fuel]
Candles and wicks for lighting
Perfumed candles
Tapers.
The mark was filed in class 5 with following description of goods:
Mosquito repellent
Anti fly lotion
Disinfectants and antiseptics
Anti-viral agents
Anti-bacterial preparations
Anti-viral and anti-bacterial gels
Medicated and sanitising soaps and detergents
Sanitizing wipes
Pharmaceuticals and natural remedies
Veterinary preparations
Dietary supplements and dietetic preparations
Nutritional supplements.
The mark was filed in class 8 with following description of goods:
Cutlery
Knives
Hand tools and implements (hand operated)
Multi-function hand operated tools
Pocket knives with multi-purpose attachments
Fishing knives
Fishing line cutters
Harpoons for fishing
Fishing pliers
Bludgeons
Parts and fittings for the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Protective and safety equipment
Protective helmets, eyewear, and visors
Protective footwear, clothing and headwear for prevention of accident or injury
Mouth protectors (gum shields)
Mobile apps
Computer software
Electronic publications
Downloadable publications
CD Roms
DVDs
Audio and audio visual recordings
Recorded content
Podcasts
Media content
Sonars
Sonar apparatus
Safety, security, protection and signalling devices
Global positioning devices
Compasses
Binoculars
Cameras
Tripods for cameras and binoculars
Cases adapted for binoculars and cameras
Eyewear
Cases for eyewear
Goggles
Battery chargers
Emergency light bars for vehicles
Life buoys
Life jackets
Parts and fittings for the aforesaid goods.
The mark was filed in class 11 with following description of goods:
Camping stoves
Camping lanterns
Flashlights [torches]
Grills
Apparatus for cooking
Lighting
Parts and fittings for the aforesaid goods.
The mark was filed in class 12 with following description of goods:
Vehicles
Marine vehicles
Fishing trollies
Boats
Trolleys
Tow bars
Shaped covers for boats
Parts and fittings for the aforesaid goods.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Trunks and travelling bags
Bags
Luggage
Holdalls
Handbags
Rucksacks
Purses
Wallets
Umbrellas, parasols and walking sticks
Saddlery, harness, whips and apparel for animals
Parts and fittings for all the aforesaid goods
All of the aforesaid goods for fishing, water sports, country and outdoor sports.
The mark was filed in class 20 with following description of goods:
Camp beds
Sleeping mats
Fishing baskets
Fishing chairs
Fishing stools
Camping mattresses
Furniture
Mooring buoys
Parts and fittings for the aforesaid goods.
The mark was filed in class 21 with following description of goods:
Cleaning articles
Tableware, cookware and containers
Cosmetic and toilet utensils
Household or kitchen utensils and containers
Cups and mugs
Drinking utensils
Glassware
Crockery
Sponges
Brushes, combs
Toothbrushes
Buckets
Flasks
Bottles
Non-electric kettles
Parts and fittings for the aforesaid goods.
The mark was filed in class 22 with following description of goods:
Nets
Fishing nets
Nets for camouflage
Tents
Tarpaulins, awnings, and unfitted coverings
Parts and fittings for the aforesaid goods.
The mark was filed in class 24 with following description of goods:
Sleeping bags
Sleeping bag liners
Bivouac sacks being covers for sleeping bags
Bed linen and blankets
Mosquito nets.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
All of the aforesaid goods for fishing, water sports, country and outdoor sports.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Fishing equipment
Fishing tackle
Fishing lines
Floats for fishing
Gut for fishing
Reels for fishing
Fish hooks
Artificial fishing bait
Rods for fishing
Holders for fishing rods
Fishing tackle boxes
Fishing rod cases
Landing nets for anglers
Fishing tackle bags
Toys, games and playthings
Parts and fittings for the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and sales promotions
Online ordering services
Retail services and wholesale services connected with the sale of gas propane, coal, firelighters, firewood, wood for use as fuel, fuels, gas cartridges, gas fuels, heating oil, household fuel briquettes, kindling, kerosene, peat [fuel], candles and wicks for lighting, perfumed candles, tapers, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of mosquito repellent, anti fly lotion, disinfectants and antiseptics, anti-viral agents, anti-bacterial preparations, anti-viral and anti-bacterial gels, medicated and sanitising soaps and detergents, sanitizing wipes, pharmaceuticals and natural remedies, veterinary preparations, dietary supplements and dietetic preparations, nutritional supplements
Retail services and wholesale services connected with the sale of cutlery, knives, hand tools and implements (hand operated), multi-function hand operated tools, pocket knives with multi-purpose attachments, fishing knives, fishing line cutters, harpoons for fishing, fishing pliers, bludgeons, protective and safety equipment, protective helmets, eyewear, and visors, protective footwear, clothing and headwear for prevention of accident or injury, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of mouth protectors (gum shields), mobile apps, computer software, electronic publications, downloadable publications, CD Roms, DVDs, audio and audio visual recordings, recorded content, podcasts, media content, sonars, sonar apparatus, safety, security, protection and signalling devices, global positioning devices, compasses, binoculars, cameras, tripods for cameras and binoculars, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of cases adapted for binoculars and cameras, eyewear, cases for eyewear, goggles, battery chargers, emergency light bars for vehicles, life buoys, life jackets, camping stoves, camping lanterns, flashlights [torches], grills, apparatus for cooking, lighting, vehicles, marine vehicles, fishing trollies, boats, trolleys, tow bars, shaped covers for boats, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of leather and imitations of leather, trunks and travelling bags, bags, luggage, holdalls, handbags, rucksacks, purses, wallets, umbrellas, parasols and walking sticks, saddlery, harness, whips and apparel for animals, camp beds, sleeping mats, fishing baskets, fishing chairs, fishing stools, camping mattresses, furniture, mooring buoys, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of cleaning articles, tableware, cookware and containers, cosmetic and toilet utensils, household or kitchen utensils and containers, cups and mugs, drinking utensils, glassware, crockery, sponges, brushes, combs, toothbrushes, buckets, flasks, bottles, non-electric kettles, nets, fishing nets, nets for camouflage, tents, tarpaulins, awnings, and unfitted coverings, parts and fittings for the aforesaid goods
Retail services and wholesale services connected with the sale of sleeping bags, sleeping bag liners, bivouac sacks being covers for sleeping bags, bed linen and blankets, mosquito nets, clothing, footwear, headgear
Retail services and wholesale services connected with the sale of sporting articles and equipment, fishing equipment, fishing tackle, fishing lines, floats for fishing, gut for fishing, reels for fishing, fish hooks, artificial fishing bait, rods for fishing, holders for fishing rods, fishing tackle boxes, fishing rod cases, landing nets for anglers, fishing tackle bags, toys, games and playthings, parts and fittings for the aforesaid goods
Consultancy, information and advisory services relating to all the aforesaid services.
The mark was filed in class 38 with following description of goods:
Providing online forums
Communication by online blogs
Chat room services
Podcasting
Telecommunications
Broadcasting services
Electronic exchange of data, video, audio, text via computer and telecommunication networks
Consultancy, information and advisory services to all the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education
Training
Coaching
Sporting and cultural activities
Publishing
Arranging and conducting conferences, seminars, exhibitions, awards and competitions
Entertainment
Television and radio production
Film and video production
Organization and hosting of awards and award ceremonies
Consultancy, information and advisory services to all the aforesaid services.