The trademark TEAM BEVERAGE was filed by Team Beverage AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 6, 2023, and received one opposition filed on February 9, 2023 by Zurich Deutscher Herold Lebensversicherung Aktiengesellschaft on Likelihood of confusion. the opponent was represented by GESKES PATENT- UND RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 9, 2023
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 003190164 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on April 4, 2024 by the EUIPO. The Appeal with reference B R1076/2024-2 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on November 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Wholesaling and retailing of foodstuffs
Wholesaling and retailing in the field of alcoholic and non-alcoholic beverages
Retail and wholesale services in relation to: Household or kitchen utensils, Household linen, Household knives, Household brushes, Household textile articles, Gloves for household purposes, household cleaning substances, home appliances, Namely of, strainers, colanders, graters, bowls, Domestic containers, Trays, Sponges, Disinfectants, graters for household purposes, Scissors for household use, Squeegees for household purposes, Disinfectants for household purposes, Washing preparations for household purposes, rubber gloves for domestic use, Adhesives for household purposes, scale removing preparations for household purposes, Soaps for household use, Cleaning preparations in spray form for household purposes, paper for household purposes, Laundry balls for use as household utensils, Cleansers for household purposes, Bleaching preparations for household use, Plastic bags and Bags of paper For household purposes, Garbage bags of vinyl for household use, household plastic gloves, Degreasing preparations for household purposes, Household cleaning articles, Brushes and Brush-making materials, Napkins of cellulose for household purposes
Retailing and wholesaling in the field of clothing
Aggregation of goods, Namely of, The bringing together, in relation to the following goods: Foodstuffs, Alcoholic and non-alcoholic drinks, Articles of clothing, Non-medicated cosmetics and toiletry preparations, Tobacco and tobacco substitutes, cigarettes and Cigar and, electronic cigarettes and oral vaporizers for smokers, Coffee, tea, cocoa and artificial coffee, rice, pasta and noodles, Tapioca and sago, flour and preparations made from cereals, Bread, pastry and confectionery, Chocolate, Ice cream, sorbets and other kinds of edible ices, sugar, honey, treacle, yeast, baking-powder, Salt, condiments, spices, preserved herbs, Vinegar, sauces and other condiments, Ice (frozen water), The aforesaid services not relating to transport, for the benefit of others, in a supermarket, enabling consumers to view and purchase these goods
Computerised data processing
Management of computerised databases [office functions], Computerized file management
Compilation of statistics relating to accessing data in computer databases, and the analysis thereof by means of systemisation of information into computer databases
Collection of data and information
Professional business analysis of data, Business management analysis of information
Retrieval of professional business data and information
Business consulting
Advice and assistance on the running of business
Provision of business information, commercial information, business research and statistical information
The provision of advertising space including the provision of advertising space online
Professional business consultancy in the fields of networking, storage, security, telephony, wireless communications and electronic commerce
Information and advisory services, all relating to the aforesaid, including the provision of such services on-line from a computer network or via the Internet or extranets
Marketing of printed matter, including in electronic form, for others
Retail services, Including via the internet and teleshopping programmes, in relation to the following goods: Foodstuffs, Alcoholic beverages, Non-alcoholic drinks, Party poppers [party novelties], party favor boxes, Plastic party favor boxes, Festive decorations, party novelties and artificial Christmas trees, Decorative articles
Wholesaling services Including via the internet and teleshopping programmes, in relation to the following goods: Foodstuffs, Alcoholic beverages, Non-alcoholic drinks, Party poppers [party novelties], party favor boxes, Plastic party favor boxes, Festive decorations, party novelties and artificial Christmas trees, Decorative articles
Mail order retail services, Including via the internet and teleshopping programmes, in relation to the following goods: Foodstuffs, Alcoholic beverages, Non-alcoholic drinks, Party poppers [party novelties], party favor boxes, Plastic party favor boxes, Festive decorations, party novelties and artificial Christmas trees, Decorative articles
Collection of goods, for others, for presentation purposes
Presentation of goods in communications media for retail
Import-export agencies
Arranging of trade fairs and/or exhibitions for commercial and/or advertising purposes
Arranging and conducting of trade fairs and/or exhibitions for business and/or advertising purposes
Advertising agency services
Planning services for advertising
Presentation of companies on the Internet and/or in other media
Publication of printed matter (including in electronic form), for advertising purposes
Direct marketing
Direct mail advertising
Creating advertisements
Preparing advertisements for others
Radio and television advertising
Publication of publicity texts
Layout services for advertising purposes
Marketing
Public relations services
Online advertising on a computer network
Bill-posting
Placing advertisements for others
Dissemination of advertising matter
Dissemination of advertising for others via the Internet
Writing of publicity texts
Sales promotion for others
Publication of publicity texts
Advertising by mail order
Direct mail advertising
Demonstration of goods
Good and service presentations
Advertising and marketing
Marketing research
Arranging and conducting of advertising events
Sponsorship search
Sponsoring in the form of advertising
Providing of contact data for advertising purposes
Advertisement for others on the Internet
Rental of advertising space, including on the Internet
Updating of advertising material
Advertising agency services
Publication of publicity texts
Modelling for advertising and sales promotion
Marketing
Marketing, including on digital networks
Marketing research
Opinion polling
Merchandising, Public relations services
Arranging and conducting of advertising events
Organization of exhibitions for commercial or advertising purposes
Placement of staff
Employment agency services
Personnel recruitment
Bill-posting
Planning and design of advertising activities
Presentation of companies on the Internet and other media
News clipping services
Sponsoring in the form of advertising
Telemarketing services
Organization of trade fairs for commercial or advertising purposes
Dissemination of advertising matter
Sales promotion for others
Rental of advertising space
Rental of advertising space, including on the Internet (banner exchange)
Publicity material rental
Rental of advertising time on communication media
Providing of addresses
Arranging of trading and economical contacts, also over the Internet
Arranging advertising and promotional contracts for others
Dispatch of advertisments
Direct mail advertising
Providing of samples for advertising purposes
Direct mail advertising
Demonstration of goods
Merchandise demonstrations and Service presentations
Advertising
Publicity columns preparation
Advertisement for others on the Internet
Operational management
Professional business consultancy
Business management consultancy
Business organization consultancy
Organisational consultancy
Planning and/or monitoring of business developments with regard to organisational matters
Development of usage concepts for real estate with regard to professional business matters (facility management)
Placement of staff
Employment agency services
Personnel recruitment
Personnel consultancy
Personnel management
Personnel management consultancy
Psychological testing for the selection of personnel
Support for employees with regard to business matters
Procurement services, for others (purchasing goods and/or services for other businesses)
Auctioneering, including on the Internet
Arranging and/or concluding of commercial transactions, for others, including within the framework of e-commerce
Arranging of contracts for the buying and selling of goods and/or the providing of services, for others, Especially, Brokerage of telecommunications contracts, Arranging of contracts relating to the supplying of ring tones for telephones, Arranging of contracts for providing repair and maintenance services, Arranging of contracts relating to the delivery of flowers and/or plants, arranging of contracts relating to the supply of electricity
Arranging of contracts, for others, for the providing of training services
Arranging of subscriptions for the publications of others, in particular newspaper subscriptions
Arranging subscriptions to telecommunication services for others
Arranging of commercial and/or business contacts, including on the Internet
Arranging of business introductions
Cost price analysis
Price comparison services
Compiling, systemising, maintenance and/or updating of data in computer databases
Computerized file management
Data processing services
Data management
Providing business information and consultancy for consumers (consumer consultancy)
Providing business information
News clipping services
Systemization of information into computer databases
Administration and/or compilation of computer databases
Administrative processing of purchase orders
Compiling and providing of price and statistical information for trade and commerce
Providing information on organisational and/or professional business matters in connection with retail services
Providing information on advertising markets
Consumer consultancy
Photocopying services
Shop window dressing
Rental of office machines and office equipment
Rental of photocopying machines
Rental of vending machines
Rental of sales stands
Planning, arranging and/or conducting of measures for attracting customers and customer loyalty initiatives, in particular mailing, discount, voucher and/or reward schemes
Conducting lotteries and/or competitions, being advertising initiatives
Conducting of bonus schemes and/or reward schemes being customer loyalty schemes For marketing purposes
Attracting customers and customer care by means of mail advertising
Call centre services, Namely of Service support via hotlines in the context of the administrative processing of purchase orders, the receiving of customer inquiries and/or customer complaints by telephone
Organisational consultancy via call centres
Operating call centres, Namely of Administrative processing of orders
Operating call centres, Namely administrative processing of purchase orders
Operating call centres, Namely of Administrative handling of bookings
Operating call centres, Namely of Administrative processing of complaints
Operating call centres, Namely of Administrative processing of cancellations and information requests
Providing business intelligence services, Providing information relating to goods and service offers, price comparison services
Rental and Lease-purchase financing, in relation to the following goods: Shop fittings, as far as the aforesaid services are included in international class 35, Namely of, Office machines and Office equipment, Photo-copying machines, Automatic dispensers, Cash room systems, Cash desks, commercial stands, Advertising space
Services provided via telecommunications networks, namely secretarial services
Rental and Lease-purchase financing, in relation to the following goods: Shop fittings, Namely of, Push trolleys [shopping trolleys], sales tables, shelves for goods presentation.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Finance services
Monetary affairs
Real estate affairs
Insurance brokerage
Monetary affairs
Finance services
Consultancy and advisory services relating to insurance, finance and pensions
Provision of financial advice and information
Arranging banking services, in particular giro, savings, finance and insurance agreements
Credit bureaux and financing of credit for wholesale and retail purposes
Real estate administration, real estate agencies, rental of real estate, in particular shop premises
Leasing of real estate, in particular shop premises
Land leasing services
Hire-purchase financing
Leasing agencies
Leasing of space in retail premises
Rental of offices [real estate]
Rental of apartments
Apartment house management
Management of land
Financing of purchases
Issue of phone card services
Management of bonus and/or reward schemes for customer loyalty purposes by means of issuing vouchers, discount tickets, tokens of value and/or customer cards with payment functions
Issuing data carriers for entering bonus and reward transactions (included in class 36)
Issuing of credit cards, service or bonus cards with payment functions
Charitable fundraising, for others.
The mark was filed in class 38 with following description of goods:
Provision of internet access services
Providing access to and leasing access time to computer databases and networks
Providing access to electronic communications networks and electronic databases
Transferring and disseminating information and data via computer networks
Providing access to information on the Internet
Providing access to platforms and portals on the Internet
Arranging access to computer databases
Telecommunication services
Providing online information in the field of telecommunications and telephony systems
Telephony system and telecommunication network security consultancy
Communications via electronic platforms
Electronic data interchange services
Telecommunications services for file creation, maintenance and document and information exchange services
Communications services via the intranet, extranet, internet and other electronic means
Provision of telecommunications access to databases and the internet
Providing and leasing of access time relating to computer mailboxes
Information, consultancy and advisory services relating to all the aforesaid services including such services provided on-line or via the Internet or extranets.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Arranging of transportation for travel tours
Storage services
Wrapping and packaging services
Parcel delivery
Logistical services, as far as the aforesaid services are included in class 39, namely, Storage logistics, Distributions logistics [transport]
Forwarding services
Tracking the location of goods for logistical purposes
Transportation information
Packaging and storage of goods
Storage information
Arranging the storage and/or packaging of goods
Arranging transport services for passengers and/or goods by land, water and/or air vehicles
Providing and/or organising transport services
Messenger courier services
Arranging the transport of goods, passengers and/or travellers by land and/or water
Arranging and conducting the delivery of mail order goods
Transport and delivery of goods by road, rail, sea and/or air
Flower delivery
Travel agency services (included in class 39)
Operating travel agencies
Tour operators
Information and consultancy in relation to trave and transport
Information in the field of tourism, transport and/or travel
Traffic information
Travel information
Flight arrival and departure information
Airline ticket services
Travel arrangement and/or organisation
Transport of persons by road, rail, sea and/or air
Organising, arranging, booking and/or providing of travel, holiday travel, tours, cruises, excursions, day trips, outings and/or sightseeing
Accompaniment of travellers and/or luggage
Porterage
Providing of parking facilities and/or parking place services
Rental, booking and/or arranging of motor vehicles, trailers, bicycles
Rental of parking places and/or warehouses
Transport reservation
Reservation of flight tickets, tickets for cruises and/or railway tickets
Rental, leasing and/or chartering of land vehicles, aeroplanes or ships
Arrangement of transport
Refrigerator rental
Rental of storage containers
Rental of warehouses
Parking place rental
Garage rental
Rental and Lease-purchase financing, in relation to the following goods: Refrigerators, Cooling installations, Refrigerating machines and Refrigerators, Storage container, Transport and storage pallets, Transport container, Storage containers, motor vehicles, Shelves for goods storage
Services provided by means of telecommunications networks, namely travel agency services.
The mark was filed in class 41 with following description of goods:
Publication of printed publications, books, newspapers and periodicals
Publishing printed matter (including in electronic form and on the Internet), other than for advertising purposes
Educational and entertainment services
Tuition, education and providing of training
Educational services in the form of classroom training, workshops, conferences, seminars for computer networking, broadband networks, computer systems, telecommunications systems, IP telephony
Website editing (support services)
Entertainment services in the form of broadcasting across broadband networks
Testing to determine technical skills, in relation to the followings fields: networking, computer systems, Telecommunication systems, IP telephony
Providing on-line publications, The aforesaid services via online commerce, computer networks, broadband networks, tests, computer systems, telecommunication systems, IP telephony systems, except for publicity texts
Arranging and conducting educational and training conferences and seminars
Production of educational sound and video recordings
Lease, hire and rental of instructional and teaching materials
Provision of education on-line from a computer database or via the Internet or extranets
Conducting courses, seminars and workshops
Administration of qualification and certification programmes relating to notifications and data transferred by means of telecommunications
Design, setting, administering and marking examinations
Testing of people, for training purposes
Employment and career advice
Information, consultancy and advisory services relating to all the aforesaid services including such services provided on-line or via the Internet or extranets.
The mark was filed in class 42 with following description of goods:
Electronic storage services for archiving electronic data
Data processing and/or Data management, Namely electronic data storage
Science and technology services
Providing of search engines for databases on the internet
Conversion of computer programs (other than physical alteration)
Providing of electronic memory space (webspace) on the Internet
Computer software design
Software creation and development
Consultancy with regard to the design of homepages and Internet pages
Homepage and webpage design
Graphic-design services
Rendering of computer graphics (digital imaging services)
Computer service, namely, Digital data processing
Scientific testing services
Research and development (for others)
Creation of web pages
Creation of computer animations
Website design and maintenance, for others
Installation of computer software
Webpage design
Styling [industrial design]
Technical consultancy
Computer consulting and support services
Technical customer support in connection with computer hardware, computer software, computer networking equipment and services, telecommunications equipment, IP telephony, transmission over broadband networks
Computer programming for telecommunications
Provision of technical consultancy (advice) in the field of telecommunications
Technical design and planning of telecommunications equipment
Design of computer networks, storage design, Design of security networks
Design and development of wireless computer networks
Leasing and hiring of computer hardware and/or computer software
Computer services
Consultancy, design, testing, engineering, research and advisory services, all relating to computers, computer networks, computer software and computer programming
Web site design services
Programming
Computer systems analysis
Computer timesharing
Research and development of computer hardware and software
Technological services relating to computers
Rental and leasing of computers
Maintenance and updating of computer software
Computer software design
Computer database leasing
Hosting web sites
Computer-network services
Computer services for the compilation, storage, compression, analysis and retrieval of audio files, documents, images, videos, photographs, medical records, business information, digital images, digital video files, digital music, digital audio files, digital photographs and archived emails
Computer help-line services
Technical support services relating to computer hardware, computer software, computer networks and the Internet
Computer network configuration services, Updating of computer networks, design of computer networks, Design of computer networks, for others, Integration of computer systems and networks, Administration of user rights in computer networks, rental of operating software for computer networks, Providing of consultancy relating to computer networks, Providing of security services relating to computer networks
Online computer services for the searching, retrieval, indexing and organisation of data on electronic communication networks and for enhancing the performance and function of such networks
Computer programming services for electronic data security
Computer systems integration services, Computer systems integration services, Integration of computer systems, Relating to the following sectors: Telecommunications
Information, consultancy and advisory services relating to all the aforesaid services including such services provided on-line or via the Internet or extranets.