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EUTM file information

018673355

NIGHTKILLER

March 16, 2022

Trademark Summary

The trademark NIGHTKILLER was filed by Toufic Hafez El Riz, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 3, 2022, and received one opposition filed on November 3, 2022 by Brasserie Mynsbrughen et de Silly, en abrégé "Brasserie de Silly" (Sociéte Anonyme) on Likelihood of confusion. the opponent was represented by THALES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2022

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Change of name and address of the trademark registration was recorded on March 28, 2023.

Goods And Services

  • The mark was filed in class 3 with following description of goods:
    1. Toiletries
    2. Essential oils and aromatic extracts
    3. Abrasives
    4. Cleaning and fragrancing preparations.
  • The mark was filed in class 4 with following description of goods:
    1. Charcoal for hookahs and/or shishas
    2. Fuels and illuminants
    3. Electrical energy.
  • The mark was filed in class 9 with following description of goods:
    1. Computers, computer programs (recorded)
    2. Software
    3. Computer programs and software (downloadable)
    4. Computer programs, in particular computer, video, online and browser games, and games programs for mobile telephones
    5. Spectacles, spectacle frames, sunglasses, correction spectacles, lenses for the aforesaid spectacles, contact lenses, packaging for the aforesaid goods, namely spectacle cases and contact lens containers
    6. Parts and fittings included in class 9 for all the aforesaid goods.
  • The mark was filed in class 12 with Vehicles and conveyances and Parts and accessories for all the aforesaid goods, included in this class..
  • The mark was filed in class 14 with following description of goods:
    1. Pearls and precious metals, and imitations thereof
    2. Jewellery
    3. Time instruments
    4. Other articles of precious metals and precious stones, and imitations thereof, Namely statues and figurines made from precious metals or semi-precious metals or stones or imitations thereof, or coated therewith
    5. Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof, Coins and tokens, works of art of precious metal
    6. Key rings and key chains, and charms therefor
    7. Jewellery boxes and watch boxes
    8. Parts and accessories for all the aforesaid goods, included in this class.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Headgear
    3. Footwear
    4. Parts of clothing, footwear and headgear.
  • The mark was filed in class 28 with following description of goods:
    1. Sporting articles and equipment
    2. Festive decorations, party novelties and artificial Christmas trees
    3. Toys, games and playthings, and novelties for parties, dances (party favours)
    4. Parts and accessories for all the aforesaid goods, included in this class.
  • The mark was filed in class 29 with following description of goods:
    1. Meat
    2. Fish, seafood and molluscs, not live
    3. Dairy products and dairy substitutes
    4. Birds eggs and egg products
    5. Edible oils and fats
    6. Processed fruits, fungi and vegetables (including nuts and pulses)
    7. Soups and stocks, meat extracts
    8. Sausage casings, natural or artificial
    9. Prepared insects and larvae.
  • The mark was filed in class 30 with following description of goods:
    1. Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla foodstuffs
    2. Salts, seasonings, flavourings and condiments
    3. Chocolate
    4. Bakery goods
    5. Confectionery
    6. Desserts
    7. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    8. Ice, ice creams, frozen yogurts and sorbets
    9. Coffee, teas and cocoa and substitutes therefor
    10. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    11. Sweets (candy), candy bars and chewing gum
    12. Flavoured popcorn
    13. Sweetmeats [candy] being flavoured with fruit
    14. Starch-based candies (ame)
    15. Sweetmeat made of sesame oil
    16. Red ginseng candy
    17. Candy with cocoa
    18. Mints for breath freshening
    19. Sherbets [confectionery]
    20. Bubble gum
    21. Cachou [confectionery], other than for pharmaceutical purposes
    22. Lollipops
    23. Dragees [non-medicated confectionery]
    24. Clear gums [confectionery]
    25. Ice confectionery in the form of lollipops
    26. Fruit drops [confectionery]
    27. Fruit gums [other than for medical use]
    28. Sweetmeats [candy] containing fruit
    29. Boiled sugar sweetmeats
    30. Filled sweetmeats
    31. Filled chocolate
    32. Filled chocolate bars
    33. Boiled sweets
    34. Jelly beans.
  • The mark was filed in class 32 with following description of goods:
    1. Non-alcoholic brewery preparations
    2. Non-alcoholic beverages
    3. Non-alcoholic preparations for making beverages
    4. Non-alcoholic beverages
    5. Flavoured carbonated beverages
    6. Non-alcoholic soda beverages flavoured with tea
    7. Non-alcoholic flavored carbonated beverages
    8. Bitter lemon
    9. Cola
    10. Colas [soft drinks]
    11. Cream soda
    12. Fruit flavored soft drinks
    13. Low-calorie soft drinks
    14. Cola drinks
    15. Aerated juices
    16. Carbonated non-alcoholic drinks
    17. Lemonades
    18. Tonic water [non-medicated beverages]
    19. Maple water
    20. Aloe vera drinks, non-alcoholic
    21. Aperitifs, non-alcoholic
    22. Cocktails, non-alcoholic
    23. Soft drinks
    24. Non-alcoholic fruit cocktails
    25. Non-alcoholic fruit punch
    26. Fruit-based soft drinks flavored with tea
    27. Non-alcoholic dried fruit beverages
    28. Non-alcoholic beverages containing fruit juices
    29. Non-alcoholic beverages flavoured with coffee
    30. Non-alcoholic beverages flavoured with tea
    31. Non-carbonated soft drinks
    32. Non-alcoholic cocktail bases
    33. Non-alcoholic honey-based beverages
    34. Non-alcoholic malt drinks
    35. Non-alcoholic punch
    36. Alcohol free wine
    37. Non-alcoholic beverages containing vegetable juices
    38. Non-alcoholic sparkling fruit juice drinks
    39. Non-alcoholic rice punch (sikhye)
    40. Green vegetable juice beverages
    41. Guarana drinks
    42. Isotonic beverages
    43. Isotonic beverages [not for medical purposes]
    44. Energy drinks containing caffeine
    45. Carbohydrate drinks
    46. Nutritionally fortified beverages
    47. Vitamin fortified non-alcoholic beverages
    48. Vitamin enriched sparkling water [beverages]
    49. Non-alcoholic drinks enriched with vitamins and mineral salts
    50. Whey beverages
    51. Mung bean beverages
    52. Non-alcoholic malt free beverages [other than for medical use]
    53. Orange barley water
    54. Protein-enriched sports beverages
    55. Protein drinks
    56. Ramune (Japanese soda pops)
    57. Rice-based beverages, other than milk substitutes
    58. Sarsaparilla [non-alcoholic beverage]
    59. Smoothies
    60. Sherbets [beverages]
    61. Sorbets in the nature of beverages
    62. Sports drinks
    63. Sports drinks containing electrolytes
    64. Part frozen slush drinks
    65. Frozen fruit-based beverages
    66. Frozen carbonated beverages
    67. Beverages containing vitamins
    68. Lemon barley water
    69. Soya-based beverages, other than milk substitutes
    70. Non-alcoholic fruit extracts
    71. Non-alcoholic fruit juice beverages
    72. Fruit nectars, non-alcoholic
    73. Non-alcoholic vegetable juice drinks
    74. Non-alcoholic grape juice beverages
    75. Aloe vera juices
    76. Aloe juice beverages
    77. Pineapple juice beverages
    78. Apple juice beverages
    79. Beverages consisting of a blend of fruit and vegetable juices
    80. Organic fruit juice
    81. Cranberry juice
    82. Condensed smoked plum juice
    83. Iced fruit beverages
    84. Fruit drinks
    85. Fruit juice beverages
    86. Fruit juice concentrates
    87. Fruit squashes
    88. Vegetable smoothies
    89. Vegetable juices [beverages]
    90. Vegetable drinks
    91. Fruit-based beverages
    92. Coconut-based beverages
    93. Fruit-flavoured beverages
    94. Orange juice drinks
    95. Orange juice
    96. Orange squash
    97. Red ginseng juice beverages
    98. Blackcurrant juice
    99. Mixed fruit juice
    100. Tomato juice [beverage]
    101. Grape juice beverages
    102. Grape juice
    103. Must
    104. Beverages consisting principally of fruit juices
    105. Watermelon juice
    106. Lemon squash
    107. Flavoured waters
    108. Flavoured mineral water
    109. Distilled drinking water
    110. Preparations for making aerated water
    111. Functional water-based beverages
    112. Purified drinking water
    113. Water-based beverages containing tea extracts
    114. Glacial water
    115. Bottled drinking water
    116. Aerated water
    117. Carbonated mineral water
    118. Aerated water [soda water]
    119. Coconut water as a beverage
    120. Lithia water
    121. Mineral water [beverages]
    122. Mineral and aerated waters
    123. Mineral enriched water [beverages]
    124. Nutritionally fortified water
    125. Mineral water (Non-medicated -)
    126. Spring water
    127. Seltzer water
    128. Soda water
    129. Still water
    130. Table waters
    131. Drinking water
    132. Drinking water with vitamins
    133. Waters [beverages]
    134. Fruit flavoured waters
    135. Non-alcoholic fruit extracts used in the preparation of beverages
    136. Cordials
    137. Powders for effervescing beverages
    138. Pastilles for effervescing beverages
    139. Essences for making beverages
    140. Essences for making flavoured mineral water [not in the nature of essential oils]
    141. Extracts of unfermented must
    142. Extracts for making beverages
    143. Blackcurrant cordial
    144. Hop extracts for use in the preparation of beverages
    145. Unfermented preserved must
    146. Concentrates for use in the preparation of soft drinks
    147. Concentrates for making fruit drinks
    148. Lime juice cordial
    149. Lime juice for use in the preparation of beverages
    150. Syrups for lemonade
    151. Malt syrup for beverages
    152. Malt wort
    153. Orgeat
    154. Mixes for making sorbet beverages
    155. Nonalcoholic essences for making beverages
    156. Powders used in the preparation of coconut water drinks
    157. Powders for making soft drinks
    158. Syrups for making soft drinks
    159. Syrups for beverages
    160. Syrups for making beverages
    161. Syrups for making whey-based beverages
    162. Syrups for making fruit-flavored drinks
    163. Syrups for making flavoured mineral waters
    164. Syrups for making non-alcoholic beverages
    165. Syrups and other non-alcoholic preparations for making beverages
    166. Squashes [non-alcoholic beverages]
    167. Grape must, unfermented
    168. Dilutable preparations for making beverages
    169. Lemon juice for use in the preparation of beverages
    170. Kvass [non-alcoholic beverage]
    171. All these goods excluding beer and beer-based products.
  • The mark was filed in class 34 with following description of goods:
    1. Hookahs
    2. Hookahs
    3. Shishas
    4. Electronic hookahs
    5. Flavourings for tobacco
    6. Flavourings, other than essential oils, for tobacco
    7. Ashtrays
    8. Ashtrays of precious metal
    9. Ashtrays for smokers made of non-precious metals
    10. Humidifiers for tobacco
    11. Tobacco containers and humidors
    12. Tobacco pouches
    13. Electronic cigarettes
    14. Lighters of precious metal
    15. Lighters for smokers
    16. Gas containers for cigar lighters
    17. Herbs for smoking
    18. Articles for use with tobacco
    19. Smoking tobacco
    20. Snuff
    21. Match holders
    22. Matches
    23. Tobacco
    24. Tobacco tins
    25. Tobacco pouches
    26. Tobacco jars
    27. Tobacco substitutes
    28. Pocket machines for rolling cigarettes
    29. Pocket lighters not of precious metal
    30. Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
    31. Oral vaporizers for smokers
    32. Hookah tobacco
    33. Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
    34. Leaf tobacco
    35. Tobacco products
    36. Tobacco and tobacco substitutes
    37. Tobacco and tobacco products (including substitutes)
    38. Smokeless tobacco
    39. Flavored tobacco
    40. Manufactured tobacco
    41. Raw tobacco
    42. Snuff with tobacco
    43. Snus with tobacco
    44. Japanese shredded tobacco (kizami tobacco)
    45. Tobacco pouches
    46. Roll-your-own tobacco
    47. Snuff without tobacco
    48. Snus without tobacco
    49. Spittoons for tobacco users
    50. Tobacco products for the purpose of being heated
    51. Cigarettes containing tobacco substitutes
    52. Absorbent paper for tobacco
    53. Asian long tobacco pipes (kiseru)
    54. Roll-your-own tobacco
    55. Devices for heating tobacco for the purpose of inhalation
    56. Tea for smoking as a tobacco substitute
    57. Tobacco substitutes not for medical purposes
    58. Devices for heating tobacco substitutes for the purpose of inhalation
    59. Tobacco tar for use in electronic cigarettes
    60. Tobacco free cigarettes, other than for medical purposes
    61. Mu'assel
    62. Flavorings, other than essential oils, for tobacco substitutes
    63. Hand held machines for injecting tobacco into paper tubes
    64. Devices for extinguishing cigarettes and heated tobacco sticks
    65. Cigarettes containing tobacco substitutes, not for medical purposes
    66. Cigars for use as an alternative to tobacco cigarettes
    67. Inhalers for use as an alternative to tobacco cigarettes
    68. Loose, rolling and pipe tobacco
    69. Tobacco free oral nicotine pouches [not for medical use].
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing and promotional services
    2. Commercial trading and consumer information services, Namely of Retail and wholesale services in relation to: Foodstuffs, Alcoholic or non-alcoholic beverages, Clothing, Jewellery, toys, Vehicles, Computer software, Cosmetics, Smokers' articles, Tobacco and tobacco substitutes, electronic cigarettes
    3. Auctioneering, rental of automatic vending machines, brokerage, organising business contacts, collective buying, commercial evaluation, preparation of competitions, agency business, import and export agencies, negotiation and brokerage, ordering, price comparison, procurement services, for others, subscription services
    4. Business assistance, management and administrative services
    5. Business analysis, research and information services
    6. Rental of objects in connection with the providing of the aforesaid services, included in this class
    7. Consultancy and information in relation to the aforesaid services, included in this class.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Provision and rental of telecommunications facilities and equipment
    3. Rental of objects in connection with the providing of the aforesaid services, included in this class
    4. Consultancy and information in relation to the aforesaid services, included in this class.
  • The mark was filed in class 41 with following description of goods:
    1. Publishing and reporting
    2. Education, entertainment and sports
    3. Translation and interpretation
    4. Rental of objects in connection with the providing of the aforesaid services, included in this class
    5. Consultancy and information in relation to the aforesaid services, included in this class
    6. Games on the Internet
    7. Entertainment, in particular in the form of computer, video, online and browser games, games programs for mobile telephones, and in the form of information, portals and platforms on the Internet
    8. Provision of on-line computer games.
  • The mark was filed in class 43 with following description of goods:
    1. Providing of food and drink and temporary accommodation
    2. Bar services
    3. Bars
    4. Hookah lounge services
    5. Bar services
    6. Cocktail lounge services
    7. Self-service cafeterias
    8. Café services
    9. Cocktail lounge services
    10. Tea rooms
    11. Wine bar services
    12. Cafeteria services
    13. Cafeterias
    14. Food and drink catering
    15. Cocktail lounge services
    16. Cocktail lounge services
    17. Tea rooms
    18. Services for providing food and drink and accommodation in pubs with the offer of mobile catering
    19. Restaurants
    20. Fast-food restaurants [snack-bars] (fast-food restaurant services, snack-bar services)
    21. Club services for the provision of food and drink
    22. Night club services [provision of food]
    23. Tea rooms.