The trademark was filed by FamilyMart Co., Ltd., a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on April 19, 2022, and received one opposition filed on July 10, 2022 by Hessenwasser GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KLINKERT PARTNERS RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 10, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Office functions services
Wholesaling services, Retail services and On-line retailing, in relation to the following fields: Sale, in relation to the following goods: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Wholesaling services, Retail services and On-line retailing, in relation to the following fields: Sale, in relation to the following goods: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Shop and supermarket retail services and electronic, online/Internet shopping retail services, all the aforesaid services, in relation to the following fields: Sale, in relation to the following goods: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Shop and supermarket retail services and electronic, online/Internet shopping retail services, all the aforesaid services, in relation to the following fields: Sale, in relation to the following goods: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Retail services in relation to: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Retail services in relation to: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Convenience store services, in relation to the following goods: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Convenience store services, in relation to the following goods: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Business assistance relating to the establishment of franchises
Providing assistance in the management of franchised businesses
Online retail services in relation to: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Online retail services in relation to: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Retail department stores and wholesale department stores, in relation to the following fields: Sale, in relation to the following goods: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Retail department stores and wholesale department stores, in relation to the following fields: Sale, in relation to the following goods: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Supermarkets, in relation to the following fields: Sale, in relation to the following goods: Foodstuffs, drinks, Tobacco products, Toiletries, Household cleaners, Household or kitchen utensils, Beauty products, machines for household use, hand tools, DIY products, Vegetable products, Optical goods, Cameras, domestic electrical and electronic equipment, including white goods, jeweler goods, Clocks, Watches
Supermarkets, in relation to the following fields: Sale, in relation to the following goods: Leather straps, leather laces, Cases,of leather or leatherboard, key cases of leather, Leather coin purses, leather bags and wallets, leather card holders, Luggage, Furniture, furnishings, Clothing, footwear, headgear, Playthings, games, Sports equipment, Fireworks, oils and Fuels, Stationery and printed publications
Organisation, operation and supervision of loyalty schemes and incentive schemes
Promoting the goods and services of others by means of a loyalty rewards card scheme or preferred customer program
Sales promotion for others
Sales promotion
Marketing research
Provision of information concerning commercial sales
Business auditing Namely of Preparation, auditing or certification of financial statements
Import-export agency services
Auctioneering services
Employment agency services
Rental of vending machines
Shop window dressing
Promotion of goods and services through sponsorship.