The trademark ILLYRIAN was filed by Arian Arifi, a national of the Federal Republic of Germany (the "Applicant") and Filise Arifi, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 9, 2022, and received one opposition filed on April 11, 2022 by Rajku, Rigels on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 11, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 24, 2022.
The Opposition with reference B 003167789 was partially refused EUTMA/IR according to Article 8(1)(a) CTMR with decision issued on June 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Abrasives
Tailors' and cobblers' wax
Animal grooming preparations.
The mark was filed in class 14 with following description of goods:
Jewellery
Gemstones, pearls and precious metals, and imitations thereof
Key rings and key chains, and charms therefor
Jewellery boxes and watch boxes
Time instruments
Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Sew-on tags of precious metal for clothing
Gold bullion
Decorative boxes made of precious metal
Decorative articles [trinkets or jewellery] for personal use
Commemorative shields
Prayer beads
Commemorative coins
Commemorative statuary cups made of precious metal
Gold bullion coins
Grave markers of precious metal
Identification bracelets [jewelry]
Iridium alloys
Ceramic discs for use as tokens of value
Works of art of precious metal
Copper tokens
Boxes of precious metal
Objet d'art made of precious stones
Objet d'art of enamelled gold
Objet d'art of enamelled silver
Meditation beads
Metal tokens used for mass transit
Misbaha [prayer beads]
Trophies coated with precious metals
Trophies coated with precious metal alloys
Fancy keyrings of precious metals
Coins
Non-monetary coins
Commemorative boxes of precious metal
Monetary coin sets for collecting purposes
Identity plates of precious metal
Osmium alloys
Palladium alloys
Rhodium alloys
Rosaries
Ruthenium alloys
Collectible coins
Trinkets of bronze
Prize cups made of precious metal
Silver objets d'art
Silver alloys
Trophies made of precious metals
Trophies made of precious metal alloys
Tourmaline gemstones.
The mark was filed in class 33 with following description of goods:
Alcoholic essences and extracts
Alcoholic preparations for making beverages
Preparations for making alcoholic beverages.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Matches
Tobacco and tobacco products (including substitutes)
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.
The mark was filed in class 39 with following description of goods:
Vehicle parking and storage
Rental services relating to vehicles, Distribution by pipeline and cable
Parking and vehicle storage, mooring.
The mark was filed in class 41 with following description of goods:
Entertainment and sporting activities
Ticket reservation and booking services for education, entertainment and sports activities and events
Reporting of texts, Writing of texts
Translation and interpretation
Entertainment and sporting activities.
The mark was filed in class 43 with following description of goods:
Boarding for animals
Information, advice and reservation services for the provision of food and drink
Temporary accommodation information, advice and reservation services
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Provision of food and drink
Temporary accommodation
Services for providing food and drink
Providing temporary accommodation.
The mark was filed in class 44 with following description of goods:
Animal healthcare services
Human healthcare services
Human hygiene and beauty care
Agriculture, aquaculture, horticulture and forestry services
Animal grooming services
Pet grooming.
The mark was filed in class 45 with following description of goods:
Safety, rescue, security and enforcement services
Legal services
Political services
Astrological and spiritual services
Funerary services
Dating services
Detective services
Religious services
Rental of clothing
Crime prevention consultancy services
Personal introduction services
Social escort agency services
Dating agency services
Concierge services
Hotel concierge services
Wedding chapel services
Maintaining lists of wedding presents for selection by others
Online social networking services
Preparation of customized gift boxes
Online social networking services accessible by means of downloadable mobile applications
Providing and conducting non-denominational, non-religious civil marriage ceremonies