The trademark Gipfelhero was filed by Torsten Kleint, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 30, 2022, and received one opposition filed on June 12, 2022 by Delivery Hero SE on Likelihood of confusion. the opponent was represented by Dentons Europe Dąbrowski i Wspólnicy sp. k. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 12, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
E-books
Downloadable electronic books
Mobile apps
None of the foregoing goods in relation to transport and delivery.
The mark was filed in class 14 with following description of goods:
Jewellery
Jewellery boxes and watch boxes
Time instruments
Key rings and key chains, and charms therefor
Bracelets.
The mark was filed in class 16 with following description of goods:
Books
Flyers
Printed matter, and stationery and educational supplies
Educational and instructional material
Educational equipment.
The mark was filed in class 21 with following description of goods:
Lunch boxes
Mugs
Household containers
Bread boards
Bread bins
Shakers for spices
Spice jars
Jars for household use
Glassware
Barbecue tongs
Mills for household purposes, hand-operated
Utensils for household purposes
Household or kitchen utensils
Thermally insulated flasks for household use
Vacuum flasks for holding food
Insulating flasks
Vacuum flasks for holding drinks
Heat-insulated containers
Rotary cheese graters
Coffee cups
Coffee mugs
Cooking pot sets
Cooking utensils, non-electric
Kitchen utensils
Refrigerating bottles
Knife blocks
Non-electric milk frothers
Skillets
Picnic crockery
Graters
Sandwich boxes
Dishes
Tea caddies
Teapots
Cups
Cups and mugs
Table plates
Pots
Portable pots and pans for camping
Woks
Vacuum flask cookers
Storage tins.
The mark was filed in class 22 with following description of goods:
Tents
Tents for mountaineering or camping
Tents for camping
Ropes, strings, slings, and bands
Bags and sacks for packaging, storage and transport.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Parts of clothing, footwear and headgear.
The mark was filed in class 28 with following description of goods:
Sporting and physical exercise equipment
Toys, games, and playthings
Face masks for sports
Machines for physical exercises
Harnesses for use in sports
Hand protectors adapted for sporting use
Climbers' harness.
The mark was filed in class 35 with following description of goods:
Organisation of exhibitions and events for commercial or advertising purposes
Conducting of commercial events
Business management consultancy
Business consultancy and advisory services
Business management
Retail services in relation to e-books
Online retail services in relation to e-books
Retail services in relation to downloadable electronic books
Online retail services in relation to downloadable electronic books
Retail services in relation to mobile apps
Online retail services in relation to mobile apps
Retail services in relation to jewellery
Online retail services in relation to jewellery
Retail services in relation to jewellery boxes and watch boxes
Online retail services in relation to jewellery boxes and watch boxes
Retail services in relation to time instruments
Online retail services in relation to time instruments
Retail services in relation to key rings and key chains, and charms therefor
Online retail services in relation to key rings and key chains, and charms therefor
Retail services in relation to bracelets
Online retail services in relation to bracelets
Retail services in relation to books
Online retail services in relation to books
Retail services in relation to flyers
Online retail services in relation to flyers
Retail services in relation to printed matter, and stationery and educational supplies
Online retail services in relation to printed matter, and stationery and educational supplies
Retail services in relation to educational and instructional material
Online retail services in relation to educational and instructional material
Retail services in relation to educational equipment
Online retail services in relation to educational equipment
Retail services in relation to lunch boxes
Online retail services in relation to lunch boxes
Retail services in relation to mugs
Online retail services in relation to mugs
Retail services in relation to household containers
Online retail services in relation to household containers
Retail services in relation to bread boards
Online retail services in relation to bread boards
Retail services in relation to bread bins
Online retail services in relation to bread bins
Retail services in relation to shakers for spices
Online retail services in relation to shakers for spices
Retail services in relation to spice jars
Online retail services in relation to spice jars
Retail services in relation to jars for household use
Online retail services in relation to jars for household use
Retail services in relation to barbecue tongs
Online retail services in relation to barbecue tongs
Retail services in relation to mills for household purposes, hand-operated
Online retail services in relation to mills for household purposes, hand-operated
Retail services in relation to utensils for household purposes
Online retail services in relation to utensils for household purposes
Retail services in relation to household or kitchen utensils
Online retail services in relation to household or kitchen utensils
Retail services in relation to thermally insulated flasks for household use
Online retail services in relation to thermally insulated flasks for household use
Retail services in relation to vacuum flasks for holding food
Online retail services in relation to vacuum flasks for holding food
Retail services in relation to insulating flasks
Online retail services in relation to insulating flasks
Retail services in relation to vacuum flasks for holding drinks
Online retail services in relation to vacuum flasks for holding drinks
Retail services in relation to heat-insulated containers
Online retail services in relation to heat-insulated containers
Retail services in relation to rotary cheese graters
Online retail services in relation to rotary cheese graters
Retail services in relation to coffee cups
Online retail services in relation to coffee cups
Retail services in relation to coffee mugs
Online retail services in relation to coffee mugs
Retail services in relation to cooking pot sets
Online retail services in relation to cooking pot sets
Retail services in relation to cooking utensils, non-electric
Online retail services in relation to cooking utensils, nonelectric
Retail services in relation to kitchen appliances
Online retail services in relation to kitchen utensils
Retail services in relation to refrigerating bottles
Online retail services in relation to refrigerating bottles
Retail services in relation to knife blocks
Online retail services in relation to knife blocks
Retail services in relation to non-electric milk frothers
Online retail services in relation to non-electric milk frothers
Retail services in relation to skillets
Online retail services in relation to skillets
Retail services in relation to picnic crockery
Online retail services in relation to picnic crockery
Retail services in relation to graters
Online retail services in relation to graters
Retail services in relation to sandwich boxes
Online retail services in relation to sandwich boxes
Retail services in relation to dishes
Online retail services in relation to dishes
Retail services in relation to tea caddies
Online retail services in relation to tea caddies
Retail services in relation to teapots
Online retail services in relation to teapots
Retail services in relation to cups
Online retail services in relation to cups
Retail services in relation to cups and mugs
Online retail services in relation to cups and mugs
Retail services in relation to table plates
Online retail services in relation to table plates
Retail services in relation to pots
Online retail services in relation to pots
Retail services in relation to portable pots and pans for camping
Online retail services in relation to portable pots and pans for camping
Retail services in relation to woks
Online retail services in relation to woks
Retail services in relation to vacuum flask cookers
Online retail services in relation to vacuum flask cookers
Retail services in relation to storage tins
Online retail services in relation to storage tins
Retail services in relation to tents
Online retail services in relation to tents
Retail services in relation to tents for mountaineering or camping
Online retail services in relation to tents for mountaineering or camping
Retail services in relation to tents for camping
Online retail services in relation to tents for camping
Retail services in relation to ropes, strings, slings, and bands
Online retail services in relation to ropes, strings, slings, and bands
Retail services in relation to bags and sacks for packaging, storage and bands
Retail services in relation to bags and sacks for packaging, storage and transport
Online retail services in relation to bags and sacks for packaging, storage and transport
Retail services in relation to clothing
Online retail store services relating to clothing
Retail services in relation to headgear
Online retail services in relation to headgear
Retail services in relation to footwear
Online retail services in relation to footwear
Retail services in relation to parts of clothing, footwear and headgear
Online retail services in relation to parts of clothing, footwear and headgear
Retail services in relation to sporting and physical exercise equipment
Online retail services in relation to sporting and physical exercise equipment
Retail services in relation to toys, games, and playthings
Online retail services in relation to toys, games, and playthings
Retail services in relation to face masks for sports
Online retail services in relation to face masks for sports
Retail services in relation to machines for physical exercises
Online retail services in relation to machines for physical exercises
Retail services in relation to harnesses for use in sports
Online retail services in relation to harnesses for use in sports
Retail services in relation to hand protectors adapted for sporting use
Online retail services in relation to hand protectors adapted for sporting use
Retail services in relation to climbers' harness
Online retail services in relation to climbers' harness
None of the foregoing services in relation to transport and delivery.
The mark was filed in class 41 with following description of goods:
Arranging of lectures
Organising of educational lectures
Arranging and conducting of lectures
Lecture services relating to management skills
Arranging and conducting of lectures for training purposes
Presentation of live performances
Organisation of sporting events
Sports officiating
Sporting activities
Tuition in sports
Coaching services for sporting activities
Sports training
Instruction services relating to sports
Entertainment, sporting and cultural activities
Education, entertainment and sports
Education, entertainment and sport services
Management education services
Courses (Training -) relating to management
Tuition in management
Training services relating to management consultancy
Coaching in economic and management matters
Consultancy services relating to the education and training of management and of personnel
Personal development training
Personal development courses
Personal trainer services
Personnel training
Coaching
Career counselling and coaching
Publication of instructional literature
None of the foregoing services in relation to education in field of computing and technology.