The trademark BERG. THE OUTDOORS IS YOURS was filed by Berg Toys Beheer B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 22, 2022, and received one opposition filed on May 22, 2022 by MODELO CONTINENTE HIPERMERCADOS, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 22, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 12 with following description of goods:
Go-karts
Moving vehicles for children
Small wagons for children
Electric vehicles
Push scooters
Pedal driven land vehicles
Wheels, seats and trailers for go-karts and moving vehicles for children
Bicycles
Push stunt scooters.
The mark was filed in class 28 with following description of goods:
Toys
Toy scooters
Toy vehicles
Ride-on toy vehicles
Motorised ride-on toy vehicles
Construction Toys
Trampolines
Soccer goals
Football equipment
Nets for ball games
Basketball nets
Basketball baskets
Playing balls
Volleyball nets
Volleyball game playing equipment
Climbing frames (play things)
Climbing slides being play apparatus for children
Slides [playthings]
Climbing units [playground equipment]
Playground apparatus
Swings
Sports equipment for recreational use
Outdoor toys
Scooters [toys]
Stunt scooters [toys].
The mark was filed in class 35 with Retail services in relation to outdoor toys, go-karts, moving vehicles for children, accessories for moving vehicles for children, push scooters, scooters, bicycles, toys, ride-on toys, trampolines, sports equipment for recreational use, playground apparatus, climbing unites, swings and climbing frames.
The mark was filed in class 41 with following description of goods:
Organisation of festivals for recreational and entertainment purposes
Sporting activities
Organising of sporting events, competitions and sporting tournaments