The trademark NETPRIS.DK was filed by Cross Border Supermarkets Group GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 16, 2022, and received one opposition filed on August 31, 2022 by BrandHouse UG (haftungsbeschränkt) on Likelihood of confusion. the opponent was represented by JEP Rechtsanwälte Jensen Emmerich PartG mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2022
The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003177849 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing the goods and services of others
Marketing studies
Marketing
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics, manures, fire extinguishing compositions, tempering and soldering preparations, chemical substances for preserving foodstuffs, tanning substances, adhesives used in industry
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery sores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to industrial oils and greases, lubricants, dust absorbing, wetting and binding compositions, fuels (including motor spirit) and illuminants, candles and wicks for lighting
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to material for stopping teeth, dental wax, fungicides, herbicides
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to common metals and their alloys, metal building materials, transportable buildings of metal, materials of metal for railway tracks, non-electric cables and wires of common metal, ironmongery, small items of metal hardware, pipes and tubes of metal, safes, ores
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to machine tools, motors and engines, machine coupling and transmission components, agricultural implements, incubators for eggs, automatic vending machines
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to hand tools and implements, cutlery, side arms, razors
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, 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, computers, computer software, fire-extinguishing apparatus
Retailing in shops, department store retailing services, Retailing in internet-based department stores, retailing in convenience stores, retailing in internet-based convenience stores, On-line retailing, Online marketing, Wholesale distribution, internet-based search databases, internet-based retail and wholesale, relating to the following goods: Surgical, medical, dental and veterinary instruments and apparatus, Artificial limbs, Artificial, Eyes, artificial teeth, Orthopaedic articles, suture materials
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to vehicles, apparatus for locomotion by land, air or water
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to firearms, ammunition and projectiles, explosives, fireworks
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to precious metals and their alloys, jewellery, precious stones, horological and chronometric instruments
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to musical instruments
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to paper, cardboard, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites, instructional and teaching material, plastic materials for packaging, printers' type, printing blocks
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to rubber, gutta-percha, gum, asbestos, mica, plastics in extruded form for use in manufacture, packing, stopping and insulating materials, flexible pipes
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to leather and imitations of leather, animal skins, hides, trunks and travelling bags, umbrellas and parasols, walking sticks, whips, harness and saddlery
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to building materials, rigid pipes for building, asphalt, pitch and bitumen, transportable buildings, monuments
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to furniture, mirrors, picture frames
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to household or kitchen utensils and containers, combs and sponges, brushes, brush-making materials, articles for cleaning purposes, steelwool, unworked or semi-worked glass, glassware, porcelain and earthenware
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials, raw fibrous textile materials
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to yarns and threads, for textile use
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to textiles and textile goods, bed covers, table covers
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to clothing, footwear and headgear
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to games and playthings, gymnastic and sporting articles, decorations for Christmas trees
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to live animals
Retailing in retail outlets, department stores, internet-based department stores, grocery stores, internet-based grocery stores, online retailing, online marketing, wholesale distribution, internet-based searchable databases and internet-based retailing and wholesaling, all of the aforesaid relating to tobacco, smokers' articles, matches
Invoicing.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Finance services
Monetary affairs
Real estate brokerage
Clearing and reconciling financial transactions via a global computer network
Online banking and financial services
Debit card services, Processing of invoices, Payment of bills, Insurance of financial transactions
Funds transfer
Transmission of funds by electronic means for others
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Storage and delivery of goods
Packaging services
Delivery of goods by cycle, car, lorry or van
Providing online services which afford customers the ability to select a distribution point for goods purchased on the internet, via a global communications network.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Application Service Provider, in particular Providing (temporary use of), hosting, management, development and maintenance of applications and software within e-commerce, online payment, order queues, website design, data storage and scaling of shared computing capacity and messaging services
Application Service Provider, in particular, Designing, hosting, managing, development, maintenance of websites and databases, Relating to the following sectors: E-commerce, On-line payment services, order queuing, Website design, Data storage services and Scaling of shared computing capacity, messaging services
Providing of online, non-downloadable software for the selection of local destinations as targets for goods transport
Hosting an online website featuring software which affords customers the ability to select a distribution point for goods purchased on the Internet.