The trademark Hagen was filed by Constantin Film Produktion GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 17, 2022, and received one opposition filed on May 12, 2022 by Waas, Christian on Likelihood of confusion. the opponent was represented by MAS & P: MIESS ALTHERR SIBINGER UND PARTNER RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Refusal with reference B 018648499 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 20, 2024 by the EUIPO. The Opposition with reference B 003170784 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 30, 2023 by the EUIPO. The Appeal with reference B R2023/2024-2 was Other according to Article 66 EUTMR with decision issued on December 16, 2024 by the EUIPO. The Appeal with reference B R2172/2023-2 was Trade mark application partially refused according to Article 66(1) EUTMR with decision issued on January 12, 2025 by the EUIPO. The Appeal with reference B R2172/2023-2 was Other according to Article 7(1)(b) EUTMR with decision issued on March 12, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations.
The mark was filed in class 5 with following description of goods:
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Vermin destroying preparations
Fungicides, herbicides.
The mark was filed in class 8 with following description of goods:
Hand tools and implements, hand-operated
Cutlery
Side arms, except firearms
Razors.
The mark was filed in class 9 with following description of goods:
Nautical apparatus and instruments, Photographic apparatus and instruments, Cinematographic apparatus and instruments, Audiovisual apparatus and instruments, Life-saving apparatus and instruments and teaching apparatus and instruments
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, not in relation to the following fields: Science, Medicine, Pharmaceutical fields, Veterinary medicine, Cosmetology, Agriculture and/or Ecological business
Blank digital or analogue recording and storage media
None of the aforesaid goods for electrical installation, none for alarm systems, none for intercoms
Including the aforesaid goods, other than the following goods: Alarm system goods and intercom goods
Coin-operated mechanisms
Cash registers, calculating machines
Computers and computer peripherals
Diving suits, diving masks, earplugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
Fire extinguishing apparatus.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Jewellery, precious and semi-precious stones
Horological and chronometric instruments.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Stationery and office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paintbrushes
Instructional and teaching materials
Plastic sheets, films and bags for wrapping and packaging
Printers' type, printing blocks.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins and hides
Luggage and carrying bags
Umbrellas and parasols
Walking sticks
Whips, harness and saddlery
Collars, leashes and clothing for animals.
The mark was filed in class 20 with following description of goods:
Furniture, excluding the following goods: Mattresses, Parts for mattresses, Cushions and bolsters, Beds, Bed bases, Mattress toppers
Bedding articles [other than bed linen]
Mirrors, picture frames
Containers, not of metal [storage, transport]
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes, except paintbrushes
Brush-making materials
Articles for cleaning purposes
Unworked or semi-worked glass, except building glass
Glassware, porcelain and earthenware.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Household linen
Curtains of textile or plastic.
The mark was filed in class 25 with Clothing, footwear, headwear.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yogurt and other milk products
Oils and fats for food.
The mark was filed in class 30 with following description of goods:
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice [frozen water].
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages, except beers and alcoholic preparations for making beverages..
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities.
The mark was filed in class 43 with Services for providing food and drink and temporary accommodation..