The trademark was filed by Pummeleinhorn GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 29, 2022 by ALEXANDER TOWER, DIANA on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by López Aparicio, Lorenzo David and its proceedings were handled in German The second opposition filed on June 3, 2022 by ALEXANDER TOWER, DIANA on Likelihood of confusion. the opponent was represented by López Aparicio, Lorenzo David and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003173925 was rejected according to Article 8(1)(a) EUTMR with decision issued on June 19, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Lip balms [non-medicated]
Nail varnish
Cosmetics
Face powder
Toilet water
Body powder
Lotions for cosmetic purposes
Cosmetic preparations for baths
Lipsticks
Mascara
Cosmetic preparations for eyelashes
Hair lotions
Washing creams
Eau de parfum
Ethereal oils
Air fragrancing preparations
Shower gels
Perfumery
Shampoos
Lip glosses
Personal deodorants
Dentifrices.
The mark was filed in class 5 with following description of goods:
Dressings, medical
Babies' diapers
Plasters, materials for dressings
Food for babies
Dietetic preparations adapted for medical use.
The mark was filed in class 6 with following description of goods:
Nameplates of metal
Chests of metal
Doorplates of metal
Door scrapers.
The mark was filed in class 8 with following description of goods:
Fingernail polishers, electric or non-electric
Scissors
Disposable tableware [cutlery] made of plastics
Cutlery of precious metals.
The mark was filed in class 9 with following description of goods:
Computers
Mobile apps
Mouse pads
Cinematographic film, exposed
Videotapes
Cases adapted for mobile phones
DVDs
Radios
Sunglasses
MP3 players
Computer peripheral devices
Games software
Optical goods
Video cassettes
Phonograph records
Electronic game software for mobile phones
Decorative magnets
Cinematographic films
Pocket calculators
Cases for tablet computers
Magnetic data media
Computer software, recorded
Musical cassettes
Calculating devices
Covers for smartphones
Head protection
Sleeves for laptops
Animated cartoons
Pre-recorded cassettes
Sound recording carriers
Data processing apparatus
Parts and fittings for communications apparatus
Cameras [photography]
Electronic book reader covers
Compact discs
Electronic publications, downloadable
Spectacle cases
Computer programs, downloadable
Helmets for bicycles
Compact discs [read-only memory]
Telephone apparatus
Encoded magnetic cards
Headphones.
The mark was filed in class 10 with Dummies for babies.
The mark was filed in class 11 with following description of goods:
Heat pads for warming
Night lights [other than candles]
Hair dryers
Electric blankets
Lamp reflectors
Lamp shades
Chinese lanterns
Electric lamps
Electric torches
Electric fairy lights
Lamps.
The mark was filed in class 12 with following description of goods:
Seat covers for vehicles
Sun-blinds adapted for automobiles
Bicycle trailers
Bicycles.
The mark was filed in class 14 with following description of goods:
Earrings
Clocks
Precious stones
Key rings
Key rings [split rings with trinket or decorative fob]
Time instruments
Jewel cases
Rings [jewellery]
Wristwatches
Bracelets
Semi-precious stones
Brooches [jewellery]
Precious metals
Necklaces [jewellery]
Clocks and watches, electric
Key chains
Alarm clocks
Jewellery boxes and watch boxes
Pocket watches
Works of art of precious metal
Jewellery.
The mark was filed in class 15 with Musical boxes and Musical instruments..
The mark was filed in class 16 with following description of goods:
Writing paper
Rubber erasers
Document holders [stationery]
Paint boxes and brushes
Bags made of paper for packaging
Artists' materials
Pencil boxes
Magnetic boards for scheduling activities and appointments
Ball pens
Appointment books
Comic books
Paperweights
Transfers [decalcomanias]
Rulers
Wrapping paper
Wrapping materials made of paper
Stamp pads
Sealing stamps
Vehicle bumper stickers
Paper signboards
Pencil leads
Envelope paper
Graphic prints
Holders for stamps [seals]
Photographs [printed]
School supplies [stationery]
Periodicals
Labels of paper
Desk mats
Blotters
Albums
Etching pens
Handkerchiefs of paper
Visiting cards
Calendars
Books
Note books
Fountain pens
Erasing products
Bookmarkers
Paper
Adhesives for stationery or household purposes
Colouring books
Stationery
Cabinets for stationery [office requisites]
Pens
Printed matter
Office binders
Fountain pen ink cartridges
Picture books
Index cards [stationery]
Paper crafts materials
Table napkins of paper
Paper sheets [stationery]
Flags of paper
Bookbindings
Pastels [crayons]
Bags [envelopes, pouches] of paper or plastics, for packaging
Tablemats of paper
School cones, empty
Stickers [stationery]
Bookends
Albums for stickers
Pen ink cartridges
Cases for stamps [seals]
Ring binders
Paper garlands
Plastic materials for packaging
School writing books
Crayons
Office perforators
Tear-off calendars
Teaching materials [except apparatus]
Photographic albums
Address books
Bookbinding material
Newspapers
Paper bows, other than haberdashery or hair decorations
Notepads
Greeting cards
Diaries
Document files [stationery]
Plastic film for wrapping
Price tags
Cardboard
Holiday cards
Postcards
Prospectuses
Posters
Pencils
Office requisites, except furniture
Invitation cards
File pockets for stationery use
Comics
Pencil sharpeners
Photograph stands
Typewriters, electric or non-electric
Gift wrap paper
Writing brushes
Musical greeting cards
Pictures
Refills for ballpoint pens
Gift cartons
Children's paint-boxes
Table linen of paper
Posters made of paper
Paper sacks
Files [office requisites]
Pads [stationery]
Drawing pads
Ink sticks
Document portfolios
Books for children
Pamphlets
Envelopes [stationery]
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Letter trays
Graphic representations.
The mark was filed in class 18 with following description of goods:
Clothing for pets
Bumbags
Horse blankets
Bridoons
Harnesses
School knapsacks
Slings for carrying infants
Cosmetic purses
Vanity cases, not fitted
Straps for luggage
Beach bags
Cross-body bags
Travelling bags
Walking sticks
Saddlery
Handbags
Covers for horse saddles
Parasols
Horse fly sheets
Saddlebags
Reusable shopping bags
Pocket wallets
Saddlecloths for horses
Equine boots
Reins
Straps for handbags
Trunks and suitcases
Purses
Sling bags for carrying infants
Fastenings for saddles
Umbrellas
Bags
School bags
Leather pouches
Dog leashes
Bags for sports
Riding saddles
Straps for coin purses
Gym bags
Straps of leather [saddlery]
Rucksacks
Bridles [harness]
Girths of leather
Roller bags
Bags for campers.
The mark was filed in class 20 with following description of goods:
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Coat hangers
Busts of wood, wax, plaster or plastic
Works of art of wood, wax, plaster or plastic
Hand-held mirrors [toilet mirrors]
Photograph frames
Bedding, except linen
Air mattresses
Nameplates, not of metal
Doorplates, not of metal
Temporary casters
Signboards of wood or plastics
Works of art made of wood
Model figures [ornaments] made of synthetic resin
Picture frames
Furniture
Cushions
Packaging containers of plastic
Boxes of wood
Mirrors (silvered glass)
Boxes of wood or plastic
Pillows.
The mark was filed in class 21 with following description of goods:
Busts of porcelain, ceramic, earthenware or glass
Candelabra [candlesticks]
Powder compacts
Cups
Beer mugs
Piggy banks of china
Porcelain
Napkin rings
Trays for household purposes
Flasks
Containers for dentifrices
Soap racks
Glasses [receptacles]
Fitted vanity cases
Containers for household or kitchen use
Sugar bowls
Combs
Table plates
Baking tins
Soap boxes
Oven mitts
Coin banks
Jugs
Cleaning articles
Pepper pots
Saucers
Bowls [basins]
Salt cellars
Cookie [biscuit] cutters
Toothbrushes
Brushes
Boxes of glass
Powder compacts of precious metal
Signboards of porcelain or glass
Glassware for household purposes
Drinking glasses
Coasters (tableware)
Potholders
Egg cups
Straws for drinking
Sponges
Butter dishes
Tea caddies
Flower pots
Toothbrushes, electric
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Mugs
Tableware, other than knives, forks and spoons
Soap dispensers
Tealight holders
Earthenware
Lunch boxes
Cookie jars
Dustbins.
The mark was filed in class 24 with following description of goods:
Bath mitts
Printed textile labels
Bed linen and blankets
Kitchen linen
Table napkins of textile
Textiles and substitutes for textiles
Mattress covers
Sleeping bags
Place mats of textile
Covers for cushions
Household linen, including face towels
Bath linen, except clothing
Shower curtains of textile or plastic
Bed blankets
Table linen
Flags of textile or plastic
Towels of textile
Curtains
Curtains of textile or plastic
Terry linen
Textile goods, and substitutes for textile goods
Printed textile piece goods
Bed linen
Household textile articles.
The mark was filed in class 25 with following description of goods:
Trousers
Socks
Shawls
Headscarves
Neck warmers
Ladies' dresses
Evening wear
Jumper dresses
Overalls
Outerclothing
Sports shoes
Men's underwear
Tee-shirts
Clothing for gymnastics
Children's wear
Caps being headwear
Costumes
Ladies' underwear
Nighties
Tights
Sweaters
Bandanas [neckerchiefs]
Headgear
Combinations [clothing]
Bibs, not of paper
Swim wear for gentlemen and ladies
Bath robes
Scarves
Baseball caps
Neckties
Sportswear
Ladies' clothing
Cycling shorts
Bathing suits
Coats
Headbands [clothing]
Footwear
Pyjamas
Bathing trunks
Ear muffs [clothing]
Waist belts
Stockings
Menswear
Gloves [clothing]
Bikinis
Jackets [clothing]
Raincoats
Bathing caps
Underwear
Bath sandals
Layettes [clothing]
Clothing
Knitted caps.
The mark was filed in class 26 with following description of goods:
Bows for the hair
Hair bands
Ribbons of textile materials
Hair pins
Belt clasps
Decorative articles for the hair
Shoe buckles
Shoe laces
Fastenings for clothing
Hair barrettes
Buckles [clothing accessories]
Hair grips
Zip fasteners
Heat adhesive patches for repairing textile articles
Ornamental novelty badges [buttons]
Artificial flowers.
The mark was filed in class 27 with following description of goods:
Door mats
Floor coverings
Wallpaper
Carpets, rugs and mats.
The mark was filed in class 28 with following description of goods:
Collectable toy figures
Swimming belts
Bathtub toys
Toy animals
Gymnastic and sporting articles
Flippers for swimming
Teddy bears
In-line roller skates
Inflatable toys resembling air vehicles
Dolls
Halloween masks
Face masks being playthings
Carnival masks
Stuffed toys
Games
Fantasy character toys
Hand puppets
Jigsaw puzzles
Plush toys
Ice skates
Dolls' clothes
Parlour games
Water wings
Clothing for toy figures
Roller skates
Toy furniture
Decorations for Christmas trees
Toys
Toy clocks and watches
Snow globes
Toy figures
Scooters [toys]
Masks [playthings]
Dolls' clothing accessories
Puppets
Hand-held units for playing electronic games
Playing cards
Party balloons.
The mark was filed in class 30 with following description of goods:
Chocolate-based beverages
Confectionery items coated with chocolate
Chocolate
Bakery goods
Gingerbread
Chewing gum
Pizzas
Tea
Rusks
Cocoa products
Liquorice [confectionery]
Non-medicated confectionery candy
Rolled wafers [biscuits]
Ice for refreshment
Spaghetti
Bread
Dairy confectionery
Honey
Coffee
Waffles
Biscuits
Edible ices
Tarts
Cocoa-based beverages
Chocolate based products
Muesli
Boiled sweets
Cocoa
Sugar
Candy
Pastries
Sugar candy [for food].
The mark was filed in class 32 with following description of goods:
Aerated water
Syrups for making beverages
Mineral water [beverages]
Fruit drinks
Juices
Non-alcoholic beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 38 with following description of goods:
Audio, video and multimedia broadcasting via the Internet and other communications networks
News agency services
Telecommunication services
Provision of access to content, websites and portals.
The mark was filed in class 41 with following description of goods:
Organising of entertainment
Directing of theatrical shows
Organisation of shows
Providing amusement arcade services
Musical entertainment
Gaming machine entertainment services
Entertainment services
Cultural activities
Performance of dance, music and drama
Rental of motion pictures
Sporting activities
Entertainment, education and instruction services
Film production services
Theatrical floor shows provided at performance venues