The trademark AWAVE was filed by WARIMEX Waren-Import Export Handels-GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 11, 2022, and received one opposition filed on October 3, 2022 by Leatherman Tool Group, Inc. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 3, 2022
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 003180076 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 5, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Refrigerating containers, Refrigerating apparatus, Refrigerators, Refrigerating installations and refrigerating machines
Lamps, Lighting apparatus and installations
Disinfectant apparatus
Ice-making equipment and ice machines
Ice boxes
Air filtering installations
Cooling installations for water, Cooling installations for liquids, Refrigerating cabinets
Water purification installations, Water purifying apparatus and machines
Refrigerating appliances and Freezers, Drying apparatus and drying installations, Cryogenic freezers and Freezers
Water sterilizers
Air cooling apparatus
Cooking, heating, cooling and preservation equipment, for food
Extractor units [ventilation]
Room deodorant dispensing systems
Range hoods [extractor hoods, for household purposes]
Installations for cooking
Lighting installations
Air purifying apparatus
Air cleaning apparatus
Water softening apparatus
Baby bottle warmers
Baby food warmers
Lighting installations
Lighting apparatus
Lighting fittings
Sun tanning appliances
Shower roses
Bread-making machines
Bread toasters
Camping stoves
Steam sterilizers
Uplighters
Ceiling lights
Egg cookers
Inset cooking tops
Inset cooking tops
Ice cream makers
Ice machines
Ice machines and apparatus
Ice cube making machines
Electric coffee filters
Light bulbs, electric
Electric incandescent lamps
Electric broilers
Hand-held electric hair dryers
Electric towel warmers
Electric domestic cooking appliances
Electric radiant heating apparatus
Electric cooktops
Cooking pots, electric
Cool boxes, electric
Refrigerating containers
Flaming torches
Espresso coffee machines
Grates
Filters for refrigeration systems
Filters for air purifiers
Filters for use with apparatus for ventilating
Filters for use with torches
Filters for drinking water
Filters for sanitary water distribution apparatus
Dust filters
Filters for cleaning air
Frying machines
Frying machines for food
Garden lighting
Appliances for cooking foodstuffs
Appliances for smoking foodstuffs
Apparatus for keeping hot drinks warm
Air cleaning apparatus
Apparatus for dispensing chilled beverages
Ice dispensing apparatus
Ice dispensing apparatus
Air cleaning apparatus
Air purifying apparatus
Steam facial apparatus [saunas]
Barbecues
Hair dryers
Hand held showers
Handwarmers [other than clothing]
Hoods for air conditioning apparatus
Heating apparatus
Heating apparatus
Electric coffee brewers
Refrigerating machines
Cold air blowing apparatus
Air-conditioning installations
Air-conditioning apparatus
Air-conditioning apparatus
Cooking apparatus and installations
Kilns
Cooking hobs
Cooking appliances
Kitchen ranges [ovens]
Cooking rings
Cooling appliances and installations
Refrigerating containers
Ice boxes
Cooling elements
Refrigerating apparatus
Strings of lights
Strip lights
Humidifiers
Air humidifying installations
Air humidifying installations
Air handling installations
Air handlers
Air deodorizing apparatus
Dehumidifiers
Air filters
Filters for air conditioning
Air heating installations
Air freezing installations
Air conditioning fans
Air purifiers
Barbecue smokers
Solar lamps
Solar lamps
Solar furnaces
Electric torches
Pocket warmers
Ventilating fans
Induction hobs, Tea or filter apparatus (electrically operated)
Hob cover plates (made from glass, plastic or wood)
Sterilizers for toothbrushes.
The mark was filed in class 14 with following description of goods:
Bracelets made of leather
Badges of precious metal
Agates
Agate as jewellery
Alarm clocks
Amulets [jewellery, jewelry (Am.)]
Amulets [jewellery]
Amulets [jewellery, jewelry (Am.)]
Cases [fitted] for jewels
Fitted jewelry pouches
Clock cases
Cases [fitted] for jewels
Fitted covers for rings (jewellery) for protection against impact
Pendants
Charms [jewellery] of common metals
Pendants of precious metal
Key rings [split rings with trinket or decorative fob]
Pendants for watch chains
Anchors [clock- and watchmaking]
Bracelets
Pins [jewellery]
Watchstraps
Wristwatches
Watches made of precious metals or coated therewith
Watches made of precious metals
Watches made of gold
Watches made of rolled gold
Watches for outdoor use
Sports watches
Watches containing an electronic game function
Watches with the function of wireless communication
Watches containing a game function
Wristwatches with GPS apparatus
Watches bearing insignia
Watches incorporating a telecommunication function
Watches incorporating a memory function
Wristwatches with pedometers
Clocks and watches
Jewellery, clocks and watches
Parts for clockworks
Charity bracelets
Bracelets
Bracelets [jewellery]
Bracelets [jewellery]
Bracelets of precious metal
Wooden bead bracelets
Bracelets for watches
Bracelets
Jewels
Atomic clocks
Jewelry rolls for storage: Jewellery made of bronze
Cuff links made of precious metals with semi-precious stones
Key fobs of precious metals
Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Jewellery fashioned of cultured pearls
Automatic watches
Hoop earrings
Ingots of precious metals
Gold alloy ingots
Platinum alloy ingots
Silver alloy ingots
Gold bullion
Silver bullion
Clothing ornaments of precious metals
Jewellery of yellow amber
Brooches [jewellery]
Dress watches
Watch bands
Busts of precious metal
Cabochons for making jewellery
Chalcedony
Chalcedony
Chronographs [watches]
Chronographs [watches]
Chronographs for use as timepieces
Time instruments
Chronometers
Chronoscopes
Earrings
Clips of silver [jewellery]
Cloisonne pins: Cloisonné jewellery
Hoop earrings
Metal expanding watch bracelets
Decorative pins [jewellery]
Decorative pins of precious metal
Decorative boxes made of precious metal
Decorative brooches [jewellery]
Decorative brooches [jewellery]
Decorative articles [trinkets or jewellery] for personal use
Decorative cuff link covers
Diadems
Diamonds
Diamond [unwrought]
Digital watches with automatic timers
Digital clocks
Digital clocks incorporating radios
Digital time indicators having temperature displays
Digital watches with automatic timers
Boxes of precious metal
Threads of precious metal [jewellery]
Wire thread of precious metal
Precious and semi-precious gems
Metal badges for wear [precious metal]
Metal wire [precious metal]
Precious metals
Precious metals, unwrought or semi-wrought
Precious metals and their alloys
Tie clips of precious metal
Jewel cases of precious metal
Precious metal alloys [other than for use in dentistry]
Key fobs of precious metals
Decorative pins of precious metal
Precious stones
Jewellery made of precious metals
Gemstones, pearls and precious metals, and imitations thereof
Paste jewellery
Wedding rings
Electronically operated movements for watches
Electronically operated movements for watches
Clocks and watches, electric
Clocks and watches, electric
Electronic alarm clocks
Electronically operated movements for watches
Electronically operated movements for watches
Digital clocks being electronically controlled
Clocks and watches, electric
Clocks and watches, electric
Electronic alarm clocks
Clocks and watches, electric
Ivory jewellery
Enamelled jewellery
Commemorative shields
Commemorative shields of precious metal
Cases [fitted] for clocks
Cases [fitted] for jewels
Cases [fitted] for jewels
Cases [fitted] for clocks
Cases of precious metals for horological articles
Jewel cases of precious metal
Cases of precious metals for horological articles
Cases of precious metals for horological articles
Cases for watches and clocks
Cases [fitted] for jewels
Jewellery boxes
Cases for watches [presentation]
Cases [fitted] for clocks
Cases [fitted] for jewels
Cases [fitted] for horological articles
Collets being parts of jewellery
Barrels [clock- and watchmaking]
Barrels [clock- and watchmaking]
Figurines of precious metal
Figures of precious metal
Figurines of precious metal
Figurines of precious stones
Figurines made from gold
Figurines made from silver
Figurines for ornamental purposes of precious stones
Model figures [ornaments] coated with precious metal
Rings [jewellery]
Flexible wire bands for wear as a bracelet
Floor clocks
Women's watches
Friendship bracelets
Friendship rings
Jewellery findings
Ankle bracelets
Threads of precious metals
Jet, unwrought or semi-wrought
Imitation jet
Imitation jet
Ornaments of jet
Commemorative medals
Commemorative coins
Commemorative statuary cups made of precious metal
Jewels
Cases for clock- and watchmaking
Cameos [jewelry]
Horological articles
Apparatus for timing sports events
Presentation boxes for horological articles
Presentation boxes for watches
Presentation boxes for horological articles
Presentation boxes for watches
Presentation cases for horological articles
Cut diamonds
Prize cups of precious metals
Watch glasses
Gold
Gold, unwrought or beaten
Gold alloys
Gold, unwrought or beaten
Gold bullion coins
Gold bracelets
Gold ingots
Gold alloys
Gold thread [jewellery]
Imitation gold
Gold chains
Square gold chain
Gold alloys
Gold medals
Gold bullion coins
Gold earrings
Gold rings
Gold jewellery
Clocks and parts therefor
Parts for clocks
Semi-precious stones
Semi-precious articles of bijouterie
Semi-finished articles of precious metals for use in the manufacture of jewellery
Semi-finished articles of precious stones for use in the manufacture of jewellery
Necklaces [jewellery]
Necklaces [jewellery]
Necklaces of precious metal
Gold necklaces
Imitation pearls
Wedding rings
Hat jewellery
Identification bracelets [jewelry]
Identification bracelets [jewelry]
Paste jewellery
Paste jewellery
Jewellery made of precious metals
Industrial clocks
Badges of precious metal
Iridium
Iridium and its alloys
Iridium alloys
Jade [jewellery]
Jades
Jet
Jet
Jewels
Cases [fitted] for jewels
Jewellery being articles of precious metals
Jewellery being articles of precious stones
Jewellery containing gold
Jewellery fashioned from non-precious metals
Jewellery for personal adornment
Pearls [jewellery]
Jewellery, clocks and watches
Jewels
Jewellery made of bronze
Jewellery made of precious metals
Gold jewellery
Jewellery made of crystal
Jewellery made from silver
Personal jewellery
Jewellery
Cameos [jewelry]
Mantle clocks
Chains [jewellery]
Chains of precious metals
Jewel chains
Chains in precious metals or coated therewith
Watch chains
Chain mesh of precious metals [jewellery]
Chain mesh of semi-precious metals
Dress ornaments in the nature of jewellery
Small jewellery boxes of precious metals
Small jewelry boxes, not of precious metal
Small clocks
Jewellery findings
Watch clasps
Cuff links
Bracelets and watches combined
Timing clocks
Time clocks [master clocks] for controlling other clocks
Tie clips
Tie bars
Tie chains of precious metal
Tie bars
Tie pins
Tie clips of precious metal
Tie bars
Tie bars
Crosses [jewellery]
Cubic zirconia
Cubic zirconia
Works of art of precious metal
Works of art of precious metal
Works of art of precious metal
Copper tokens
Boxes of precious metal
Jewel cases of precious metal
Clock cases
Body-piercing rings
Body-piercing studs
Objet d'art made of precious stones
Objet d'art of enamelled gold
Objet d'art of enamelled silver
Artificial stones [precious or semi-precious]
Beads for making jewellery
Bib necklaces
Watchstraps made of leather
Alloys of precious metal
Cuff links
Cuff links of precious metal
Cuff links made of precious metals with precious stones
Cuff links made of precious metals with semi-precious stones
Cuff links made of gold
Cuff links made of imitation gold
Cuff links made of porcelain
Cuff links and tie clips
Marcassites
Marcassites
Custom jewelry
Mechanical watch oscillators
Mechanical watches with automatic winding
Mechanical watches with manual winding
Mechanical watches
Medals
Medals made of precious metals
Medallions
Medallions
Lockets [jewellery]
Medallions made of precious metals
Medallions made of non-precious metals
Metal tokens used for mass transit
Miniature figurines [coated with precious metal]
Miniature clocks
Jewellery incorporating diamonds
Figurines coated with precious metal
Articles of jewellery coated with precious metals
Cuff links coated with precious metals
Medals coated with precious metals
Rings coated with precious metals
Key charms coated with precious metals
Trinkets coated with precious metal
Jewellery made of crystal coated with precious metals
Trophies coated with precious metals
Jewellery coated with precious metal alloys
Trophies coated with precious metal alloys
Jewellery incorporating precious stones
Watches made of plated gold
Gold plated bracelets
Gold plated brooches [jewellery]
Gold plated chains
Gold plated earrings
Gold plated rings
Gold plated brooches [jewellery]
Ornamental figurines made of precious metal
Model animals [ornaments] made of precious metal
Model animals [ornaments] coated with precious metal
Paste jewellery
Fancy keyrings of precious metals
Musical jewelry boxes
Coins
Non-monetary coins
Commemorative boxes of precious metal
Monetary coin sets for collecting purposes
Ornamental pins
Tie pins
Identity plates of precious metal
Natural gem stones
Imitation precious stones
Earrings
Drop earrings
Earrings
Earrings of precious metal
Pierced earrings
Olivine [gems]
Olivine [gems]
Opal
Ear ornaments in the nature of jewellery
Osmium
Osmium and its alloys
Osmium alloys
Oscillators for watches
Oscillators for clocks
Oscillators for timepieces
Palladium
Palladium and its alloys
Palladium alloys
Olivine [gems]
Pearl
Pearls [jewellery]
Pearl
Pearls made of ambroid [pressed amber]
Beads for making jewelry
Platinum [metal]
Platinum and its alloys
Platinum ingots
Platinum alloys
Platinum rings
Paste jewellery
Presentation boxes for jewellery
Presentation boxes for watches
Quartz watches
Quartz watches
Travel clocks
Lapel pins [jewellery]
Lapel pins of precious metals [jewellery]
Lapel pins of precious metals [jewellery]
Lapel pins [jewellery]
Lapel badges of precious metal
Rhodium
Rhodium and its alloys
Rhodium alloys
Rings [jewellery]
Rings [jewellery]
Rings [jewellery]
Rings [jewellery] made of precious metal
Rings [jewellery] made of non-precious metal
Rings [jewellery]
Ring holders of precious metal
Precious metals, unwrought or semi-wrought
Jet, unwrought or semi-wrought
Gold, unwrought or beaten
Ruby
Ruthenium
Ruthenium and its alloys
Ruthenium alloys
Collectable coins
Sapphires
Sapphires
Scarf clips being jewelry
Cases [fitted] for horological articles
Cases for chronometric instruments
Cases for horological and chronometric instruments
Caskets for storing watches and precious stones
Ship's chronometers
Key rings [split rings with trinket or decorative fob]
Key fobs of precious metals
Key rings [split rings with trinket or decorative fob]
Key fobs [rings] coated with precious metal
Key rings [split rings with trinket or decorative fob]
Key chains as jewellery [trinkets or fobs]
Leather key fobs
Key fobs of imitation leather
Metal key fobs
Key fobs of common metal
Key fobs, not of metal
Key rings [trinkets or fobs] of precious metal
Key rings of precious metal
Key rings and key chains
Personal ornaments of precious metal
Pet jewelry
Paste jewellery
Jewellery boxes and watch boxes
Jewellery charms
Trinkets of bronze
Jewellery, clocks and watches
Jewelry boxes of precious metal
Jewelry clips for adapting pierced earrings to clip-on earrings
Jewellery boxes
Jewelry boxes of precious metal
Ornamental figurines made of precious metal
Paste jewellery
Jewellery rope chain for bracelets
Jewellery rope chain for necklaces
Jewellery rope chain for anklets
Jewel chains
Rope chain [jewellery] made of common metal
Rope chain made of precious metal
Jewellery chain of precious metal for bracelets
Jewellery chain of precious metal for anklets
Jewellery chain of precious metal for necklaces
Jewel cases
Jewelry boxes of precious metal
Jewel cases
Cases [fitted] for jewels
Jewelry cases [caskets or boxes]
Jewelry boxes of precious metal
Wooden jewellery boxes
Leather jewelry boxes
Jewelry boxes of metal
Jewelry boxes, not of precious metal
Jewelry boxes not of metal
Ornamental pins
Jewellery hat pins
Ornamental lapel pins
Jewellery rolls
Jewelry organizer rolls for travel
Jewellery boxes
Jewelry boxes of precious metal
Jewelry cases not of precious metal
Ornamental sculptures made of precious metal
Gems
Trinkets jewellery
Jewellery made of precious metals
Jewellery made of precious stones
Jewellery of precious metal
Jewellery made of glass
Jewellery made of semi-precious materials
Jewellery made of plastics
Articles of jewellery coated with precious metals
Jewellery fashioned from non-precious metals
Clothing ornaments of precious metals
Ornaments [jewellery, jewelry (Am.)]
Corporate recognition jewelry
Articles of jewellery made of precious metal alloys
Jewellery made of precious metals
Jewellery fashioned of semi-precious stones
Alarm clocks, of plastic
Amulets [jewellery, jewelry (Am.)], of plastic
Amulets [jewellery], of plastic
Cases [fitted] for jewels, of plastic
Fitted jewelry pouches, of plastic
Clock cases, of plastic
Cases [fitted] for jewels, of plastic
Fitted covers for rings (jewellery) for protection against impact, of plastic
Abrasion and damage to ring's bands and stones of plastic
Pendants, of plastic
Key rings [split rings with trinket or decorative fob], of plastic
Pendants for watch chains, of plastic
Watchstraps, of plastic
Wristwatches, of plastic
Watches for outdoor use, of plastic
Sports watches, of plastic
Bracelets [jewellery], of plastic
Bracelets, of plastic
Jewelry rolls for storage, of plastic
Hoop earrings, of plastic
Decorations for clothing, of plastic
Brooches [jewellery], of plastic
Earrings, of plastic
Statuettes, of plastic
Friendship bracelets, of plastic
Friendship rings, of plastic
Ankle bracelets, of plastic
Presentation boxes for horological articles, of plastic
Presentation boxes for watches, of plastic
Presentation boxes for horological articles, of plastic
Presentation boxes for watches, of plastic
Presentation cases for horological articles, of plastic
Trophy cups, of plastic
Necklaces [jewellery], of plastic
Wedding rings, of plastic
Hat ornaments, of plastic
Paste jewellery, of plastic
Cases [fitted] for jewels, of plastic
Jewellery findings, of plastic
Tie pins, of plastic
Key rings of plastic
Pet jewelry, of plastic
Paste jewellery, of plastic
Jewellery boxes, of plastic.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Handkerchiefs of paper
Packaging of cardboard or paper
Cases of cardboard and paper
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Visiting card holders
Note books
Gift wrap paper and flat gift wrap, roll
Pencils
Ink sticks
Ball pens
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packing (not included in other classes)
Type [numerals and letters]
Printing blocks
Packaging of plastic
Stationery, Of plastic materials
Visiting card holders, Of plastic materials
Gift wrap, Of plastic materials
Pencils, Of plastic materials
Ink sticks, Of plastic materials
Ball pens, Of plastic materials
Plastic materials for packaging
Desk mats, made of the follwing materials: Leather or Imitation leather
Document portfolios, made of the follwing materials: Leather, Canvas, Imitation leather