The trademark application BIRKE Wellness was filed by BIRKE-Wellness GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 29, 2022, and it was registered by office on January 6, 2023 without any oppositions.
The application was filed in German (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Wet wipes impregnated with cosmetics, face masks, face creams, body lotions, cream masks and other beauty masks, cosmetic oils
Perfumery
Fragrances (included in class 3), including spray fragrances and fragrance gels, Hair lotions
Shampoos
Cleaning preparations for saunas and cleaning preparations for swimming pools
Ethereal essences
Bath salts, not for medical purposes
Cosmetic preparations for baths
Deodorants for human use
Deodorants for human use, of salt stone
Body exfoliators
Face scrub
Saline alluvium
Scrubs, in particular of salts and/or essential oils and/or ethereal essences
Body scrubs/exfoliators, in particular of salts and/or essential oils and/or ethereal essences
Face scrubs, in particular of salts and/or essential oils and/or ethereal essences
Sauna salt
Make-up removing preparations
Bleaching salts
Smoothing stones
Polishing stones
Cleaning preparations
Beauty masks
Gel masks and cooling pads
Sauna infusions, Massage gels, other than for medical purposes
Herb compresses.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic substances adapted for medical or veterinary use, food supplements for animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying noxious animals
Fungicides, herbicides
Sauna infusions for medical purposes
Tissues impregnated with pharmaceutical lotions
Disinfectant wipes
Massage gels for medical purposes
Shaving stones (antiseptic).
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Sauna installations, saunas and parts therefor, consisting of sauna cubicles of wood and/or plastic and sauna stoves
Sauna rooms and parts therefor, in particular infrared sauna rooms, of wood and/or plastic
Steam baths and parts therefor
Solariums and parts therefor, including for medical purposes
Sauna heaters, specifically, Sauna heaters for heating with stones or by burning wood
Systems of coloured lights (lighting), in particular for use in saunas
Sauna lights
Soapstone lights, Showers
Steam showers
Splash showers for saunas
Baths foot baths
Filter installations for swimming pools, in particular sand filter installations, fountains, including ornamental fountains, water features, humidifiers
Sauna doors with windows, sauna windows
LED lamps and LED lights and parts therefor (included in class 11)
Heating apparatus for heating stones
Spa baths [vessels], Whirlpools, jet apparatus for whirlpools, Hot-tubs, hot-spas, jacuzzis, Toilets [water-closets] and/or Chemical toilets
Water supply equipment and sanitary installations
Sanitary fittings, hot water/cold water mixer fittings
Bath drainage and overflow fittings, self-closing water fittings, taps for washstands, tubs, showers and bidets
Sink units
Showers, hand-held and overhead showers, shower fittings, massage showers, shower systems, mainly consisting of surface-type and concealed fittings, hand-held showers, overhead showers, side showers, shower hoses, connection hoses, shower panels, shower arms and holders
Spray nozzles and spray heads
Holders, tubes and tube connections for showers
Shower partitions, Shower towers, Complete shower and washing cubicles
Bath linings
Handles, handrails, grab rails for bath tubs
Bath tub handles
Toilet seats
Parts and fittings of the aforesaid goods, all the aforesaid goods included in class 11.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retailing and wholesaling, also via internet, in relation to the following goods: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, Artificial resins, unprocessed, Plastics, unprocessed, Manure, Fire extinguishing compositions, Tempering and soldering preparations, Chemical substances for preserving food-stuffs
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Tanning substances, Adhesives used in industry, Chemical water treatment products, Water-purifying chemicals, Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, Colorants, mordants
Retailing and wholesaling, also via internet, in relation to the following goods: Raw natural resins, Metals in foil and powder form for painters, decorators, printers and artists, Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Cosmetics, Hair lotions, Dentifrices, Tissues impregnated with cosmetic lotions, exfoliants, facial creams, Body lotions, Cream and other beauty masks, Body and beauty care oils, Perfumery
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Hair lotions, Shampoos, Sauna cleaning preparations and Swimming pool cleaning preparations, Ethereal essences, Bath salts (not for medical purposes), Cosmetic preparations for baths, Deodorants, in particular For personal use, Deodorants made of salt stones, Body exfoliating preparations, face scrubs, Saline alluvium
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Exfoliants, in particular made of salts and/or essential oils and/or essential essences, body exfoliants, in particular made of salts and/or essential oils and/or essential essences, face scrubs, in particular made of salts and/or essential oils and/or essential essences
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Saline alluvium, bath preparations, in particular Precious stones for energising water, Sauna salt, Products for removing make-up, Bleaching salts, Smoothing stones, Polishing stones, Shaving stones (antiseptic), Detergent, Beauty masks, Gel masks and cooling pads, Sauna infusions
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: massage gels, other than for medical purposes, Herb compresses, Industrial oils and greases, lubricants, Dust absorbing, wetting and binding compostions, Fuels (including motor spirit) and illuminants, Candles and wicks for lighting
Retailing and wholesaling, also via internet, in relation to the following goods: Candles, Nightlights (candles), Perfumed candles, Pharmaceutical and veterinary preparations, Sanitary preparations for medical purposes, Dietetic foodstuffs and substances for medical or veterinary purposes, food for babies, Food supplements for humans and animals, Plasters, materials for dressing
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Materials for stopping teeth, dental wax, Disinfectants, preparations for destroying vermin, Fungicides, herbicides, Sauna infusions for medical purposes, Tissues impregnated with pharmaceutical lotions, Disinfectant wipes, Massage gels for medical purposes
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Common metals and their alloys, Metal building materials, transportable buildings of metal, materials of metal for railway tracks, Metal cables and wires (not for electrical purposes), ironmongery, small items of metal hardware, pipes and tubes of metal, safes, ores
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Pipe chucks Goods of metal, namely, Namely of Flue tube through hole chucks, Bath grips, Catches (door-) of metal, Latches of metal, Fixed towel dispensers of metal, Machine tools, Motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), Agricultural implements other than hand-operated, Incubators for eggs
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: automatic vending machines, Pumps (machines and parts of machines), Pumps, for use in the following fields: Liquids, ) slurry, Pumps, for use in relation to the following goods: Fountains, swimming pools, Whirlpools, Plunge pools, Water treatment installations and Sprinkling devices, Immersed pumps, Universal pumps, industrial pumps
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Pumps for chemicals, in particular Acid proof pumps, related parts, Hand tools and implements, cutlery, Side arms, Shaving equipment
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: manicure sets, Scissors, Nail files, Scientific apparatus, Scientific instruments, Nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Apparatus and instruments for conducting, switching, transforming accumulating, regulating or controlling electricity, Apparatus for recording, transmission or reproduction of sound or images
Retailing and wholesaling, also via internet, in relation to the following goods: Magnetic data carriers, Recording discs, Compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, Cash registers, calculating machines, data processing equipment
Retailing and wholesaling, also via internet, in relation to the following goods: Computers, Computer software, Fire extinguishers, electrical and electronic controllers, in particular, for use in relation to the following goods: Sauna bath installations, Sauna stoves, Steam baths and Bronzing apparatus, Egg timers [sandglasses]
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Hydrometers, Climate analysers and Parts and fittings for the aforesaid goods, LED displays, in particular for displays in saunas, silicon cables (for electric applications), Thermometers, not for medical purposes, Meteorological stations
Retailing and wholesaling, also via internet, in relation to the following goods: Meteorological sensors, Namely of, Air sensors, humidity sensors, Temperature sensors, Spectacle holders, Weighing scales, Scales for personal use, Speakers, in particular, for use in the following fields: saunas, Surgical, medical, dental and veterinary instruments and apparatus
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Artificial limbs, eye and teeth, Orthopaedic articles, surgical sutures, Massage gloves, Massage apparatus, aesthetic massage apparatus
Retailing and wholesaling, also via internet, in relation to the following goods: vibromassage apparatus, Massage pads, Netballs, Namely of, Plastic nets in the form of balls for use as massage sponges
Retailing and wholesaling, also via internet, in relation to the following goods: Apparatus for massage, in particular Massage rods with and without motors and Massage balls
Retailing and wholesaling, also via internet, in relation to the following goods: Sexual partnership aids, Made from the following materials: Silicones and Other plastics, Erection- and orgasm-enhancing articles
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Massage rods, massage belts, massage balls, Massage rollers, hand-held massage devices, Large massage apparatus, massage cushions
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Gloves for medical use, Disposable and multiple use items of working clothing for medical staff and clothing for patients, Namely of Clothes especially for operating rooms and Disposable underwear, Surgical textiles, in particular Perforated sheets, Covers, Split sheets, Healthcare trousers, Ward coats, facial masks, Protective mattress covers, Protective covers for knee pads, protective covers for positioning pillows
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Fitted covers For medical purposes, Patient clothing, Medical garments and apparel, sleepwear, headwear for medical purposes, Boots for medical purposes, hoods, Namely of, disposable clothing For medical purposes, antimicrobial clothing, cloths for washing the body for medical use
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Disposable clothing for medical use, disposable sheeting for medical use, Gloves for medical use, socks for medical use, Surgical gowns, Films For medical purposes, in particular Fango foil, fleece or textile cloths for medical purposes, single or multiple layer, including being tear-off notebooks or compress blocks
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Physical exercise apparatus, for medical purposes, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply and Sanitary installations, Sauna bath installations, Saunas and parts therefor, consisting of sauna cubicles of wood and/or plastic and sauna heaters
Retailing and wholesaling, also via internet, in relation to the following goods: Sauna rooms, related parts, in particular, Infrared saunas, Made from the following materials: wood, plastic, Steam baths, related parts, The aforesaid goods consisting predominantly of steam generators
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Electrical controlling devices, Playhouses, in relation to the following goods: wood, plastic, Bronzing apparatus, related parts, Including for medical purposes, sauna heaters, in particular for heating with stones or by burning wood, colour light installations (lighting), in particular, for use in the following fields: saunas, Sauna lights, Soapstone lights, showers, steam showers, Splash showers for saunas, nebulisers, in particular Aromatic nebulisers, Bathtubs, Foot baths
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Filtering installations for swimming pools, in particular, Sand filtering installations, Fountains, Ornamental fountains, Water features, air humidifiers, Sauna doors with windows, sauna windows, LED lamps and LED lights, related parts, Heating apparatus for heating stones, Spa baths (vessels), Whirlpools, Whirlpool-jet apparatus, Hot-tubs, hot-spas, jacuzzis, Toilets and/or Chemical toilets, Water supply and sanitary installations
Retailing and wholesaling, also via internet, in relation to the following goods: Fittings for sanitary purposes, Hot/cold water mixing taps, Water self-closing fittings, Washstand taps, Bath mixers, Shower mixers, bidet mixers, Washbasins, Shower units, Hand-held and overhead showers, Show accessories, Massage showers, Shower systems, mainly consisting of surface-type and concealed fittings, hand-held showers, overhead showers, side showers, shower hoses, connection hoses, shower panels
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Shower arms, Shower mounts, Spray nozzles and spray heads, Holders, tubes and tube connections for the aforesaid showers, enclosures for showers, Shower seats, Shower columns, complete shower and washing cabins, Bath linings, Bath grab bars, Hand railings, Support rails for bathrooms, Bathtub handles, toilet seats, Parts and fittings for the aforesaid goods, Vehicles
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Apparatus for locomotion by land, air or water, Gymnastic equipment, sport equipment, Namely of Trolleys for mats, trolleys for ball trays, marking trolleys, Firearms, Ammunition and projectiles, Explosives, fireworks
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: precious metals and alloys thereof, Jewellery
Retailing and wholesaling, also via internet, in relation to the following goods: Precious stones, Horological and chronometric instruments, Clocks for saunas, Musical instruments, Paper
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Cardboard, Printed matter, bookbinding material, Photographs, Stationery, Adhesives for stationery or household purposes, Artists' materials, Paint brushes, Typewriters and office requisites (other than furniture), Instructional and teaching material (other than apparatus), Plastic materials for packaging, Printers' type
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Printing blocks, Pamphlets, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Rubber, gutta-percha, gum, asbestos, mica, Plastic substances, semi-processed
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Packing, stopping and insulation materials, Flexible pipes, not of metal, leather and imitation leather, Animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Sport bags, Construction materials (not of metal), Non-metallic rigid pipes for building, asphalt, pitch and bitumen, Non-metallic transportable buildings, monuments, not of metal, cabanas, related parts, Made from the following materials: wood, plastic
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Refreshing pools and Plunge pools, Swimming pools (metal structures), Non-metal tubes, Including parts and accessories, Sun decks, Namely of, Terraces, platforms, Non-metal tubes, Windows, not of metal
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Roofs, Non-metal tubes, Non metallic decking, in particular roofing shingles, Transportable constructions, not of metal, in particular Log cabins, Pavilions and Roll log houses, in particular Log cabins, Including parts and accessories, in particular furniture partitions of word, Counter walls and counter entrances, Namely of, Doors, Non-metal tubes
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Tool sheds and Gazebos, Non-metal tubes, In particular of wood, roofing shingles, Patio canopies, stones, Sauna stones, In particular granite, Plunge pools, Non-metal tubes, Towels of paper, Sports floors, Bamboo flooring, scaffolding (not of metal)
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Partitions and System walls, Non-metal tubes, Furniture, mirrors, picture frames
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Sauna fittings of wood Namely of Tuns, Ladles, Foot grilles, Foot mats and benches, back supports, lumbar supports, Head supports, Wooden pillows, wide birch brushes, heater fireguards, towel hooks, Towel rails, Sauna trays, Furniture, in particular, for use in the following fields: Saunas
Retailing and wholesaling, also via internet, in relation to the following goods: Goods of wood, for use in the following fields: Saunas, Swinging recliners, Sauna loungers, Sauna cushions, Massage tables, candelabras, Informational signs, Caution signs, Non-metal tubes, Wooden blinds, window shades, Non-metal tubes
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Installation and assembly materials (fastening material, not of metal) for electric and electronic installations, signs and signboards of plastic, coated and uncoated, Sauna cabins, Sauna cabins, Sauna parts and Sauna fittings of wood, in particular Sauna doors
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Sauna roll closures, Sauna furniture of wood, Wooden shelving, in particular, for use in the following fields: saunas, Cabinets of wood, in particular, for use in the following fields: saunas, couches, in particular, Health and wellness couches, for use in the following fields: saunas, related parts, in particular Head supports, Support stockings, lumbar supports
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Seat backs, Lounge screens, Refreshing pools, Sauna fitting sets, comprising infusion buckets and ladles, Floor grills for saunas
Retailing and wholesaling, also via internet, in relation to the following goods: Terraces of wood, Fitted sheds, Cupboard units, Equipment cabinets
Retailing and wholesaling, also via internet, in relation to the following goods: door handles, Non-metal tubes, Furniture fittings, not of metal, Towel closets (furniture)
Retailing and wholesaling, also via internet, in relation to the following goods: Towel dispensers [fixed], Non-metal tubes, massage chairs, Couches for massage, Massage tables, Massage benches, Household or kitchen utensils and containers, combs and sponges, Brushes (other than for painting)
Retailing and wholesaling, also via internet, in relation to the following goods: Brush-making materials, Articles for cleaning purposes steel-wool, Unworked or semi-worked glass (except glass used in building), glassware, porcelain and earthenware
Retailing and wholesaling, also via internet, in relation to the following goods: Scoops for sauna stoves, Sauna brushes, bowels, Including hamam bowls, Sponges, Sponge massagers, Abrasive sponges for scrubbing the skin, Brushes, Massaging brushes, hair brushes, Nail brushes
Retailing and wholesaling, also via internet, in relation to the following goods: bath accessories, Bathroom articles, wholly or mainly of plastic and/or metal and/or earthenware, Namely towel holders, towel rings, Hook and eyes, Sauna infusion and herbal bowls, sauna pans, Ropes, string
Retailing and wholesaling, also via internet, in relation to the following goods: Nets, Awnings, tarpaulins, sails, sacks, Padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials, Yarns and threads, for textile use
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: textiles and textile products, Bed blankets, Table blankets, textile products, in particular Fabrics, Bath linen (except clothing), Towels of textile, turkish towels, Lingerie fabric, Including the aforesaid goods being processed
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Toilet gloves, Flannels, Foam bag for massages, manufactured from textile goods, Sauna towels, Sauna products, Sitting towels for saunas, sauna infusion cloths, towels and face cloths, Sauna cushions
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Breathable waterproof fabrics, coated fabrics, Clothing, footwear, headgear, Clothing adapted for medical use, Smocks For medical purposes, headwear for medical purposes
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Sauna robes, Bath robes, Sauna kilts (sauna skirts of towelling), sauna loin cloths, Sauna hats, Lace and embroidery, ribbons and braid
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: buttons, hooks andeyes, Needles, Artificial flowers, Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, Wall coverings (non-textile), Foot mats, Gymnasium mats, activity mats, Exercise mats, yoga mats, Judo mats, Martial arts mats, jumping mats, floor mats for gymnastics, trampoline mats, soft floors For athletic use, Gymnastic wedges, games, Playthings, Gymnastic and sporting articles, Decorations for Christmas trees, Medicine balls, weighted balls, Skipping ropes
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Power and endurance equipment, Meat, Fish, poultry and Game, Meat extracts, Preserved, frozen, dried and cooked fruits and vegetables, Jellies, Jams, Fruit sauces, Eggs, Milks and Milk products, Edible oils and fats, Coffee, tea, cocoa and artificial coffee, rice, Tapioca and sago, flour and preparations made from cereals, Bread, pastry and confectionery
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Ices, sugar, honey, treacle, yeast, baking-powder, Salt, mustard, vinegar, sauces (condiments), spices, Ice, Grains and agricultural, horticultural and forestry products, Live animals, Fresh fruits and vegetables, Seeds, Natural plants and flowers, Foodstuffs for animals, malt, Beers, Mineral and aerated waters, and other non-alcoholic drinks, fruit drinks and fruit juices
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Syrups or other preparations for making beverages, Fruit drinks and fruit juices, Non-alcoholic drinks, in particular Isotonic beverages, soft drinks without alcohol
Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Energy drinks, Lemonades and Soft drinks Without alcohol, soft drinks, concentrates and powders for making beverages, namely flavoured water, mineral water [beverages] and aerated water, soda pop, energy drinks, sports drinks and juices, premixed beer-based drinks, Alcoholic beverages (except beer), Tobacco, smoker's articles and matches.