The trademark Thomas Philipps was filed by Thomas Philipps GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 1, 2022, and received one opposition filed on October 11, 2022 by Filippo's Früchte & Getränke OHG on Likelihood of confusion. the opponent was represented by STUMPF PATENTANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 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 June 2, 2022.
The Opposition with reference B 003180654 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 8, 2024 by the EUIPO. The Appeal with reference B R0820/2024-2 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on December 3, 2024 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 395374057 registered on April 29, 1996 and filed on September 12, 1995 which was abandoned by the office.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services in relation to: Foodstuffs, Alcoholic and non-alcoholic beverages, Housewares, Namely of, Cleaning products, Crockery and Bake ware, Practical household utensils, house ware, Pharmacy articles, Namely of, body care products, Perfumes, remedies, Cosmetology, Articles for housekeeping and gardening, Candles, Garden article, DIY articles, Camping articles, Household electrical articles, Toys, Articles of clothing, Stationery
Wholesale services in relation to: Foodstuffs, Alcoholic and non-alcoholic beverages, Housewares, Namely of, Cleaning products, Crockery and Bake ware, Practical household utensils, house ware, Pharmacy articles, Namely of, body care products, Perfumes, remedies, Cosmetology, Articles for housekeeping and gardening, Candles, Garden article, DIY articles, Camping articles, Household electrical articles, Toys, Articles of clothing, Stationery
Online mail order relating to the following goods: Foodstuffs, Alcoholic and non-alcoholic beverages, Housewares, Namely of, Cleaning products, Crockery and Bake ware, Practical household utensils, house ware, Pharmacy articles, Namely of, body care products, Perfumes, remedies, Cosmetology, Articles for housekeeping and gardening, Candles, Garden article, DIY articles, Camping articles, Household electrical articles, Toys, Articles of clothing, Stationery
Business management of wholesale and retail outlets.