The trademark application was filed by XXXLutz Marken GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 22, 2024, and still open for oppositions.
The application was filed in German (English was selected as the second language).
The Appeal with reference B R1770/2023-5 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on December 10, 2023 by the EUIPO. The Refusal with reference B 018745762 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on June 20, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Bookbinding material
Office requisites, except furniture
Paper garlands
Adhesives for stationery or household purposes
Artists' materials
Paper and cardboard
Plastic materials for packaging
Whiteboards having magnetic properties
Newspapers
Visiting cards
Stickers [stationery]
Printed coupons
Gift vouchers
Wrapping materials made of paper
Cardboard.
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Computerized file management
Carrying out auction sales
Rental of advertising space
Distribution of samples
Sponsorship search
Marketing research
Opinion polling
Rental of office machines and equipment
Retail services in relation to the following goods: Paints, Varnish, Lacquers, anticorrosive substances, Wood preservatives
Retail services in relation to the following goods: Cosmetics and Beauty products, fragrant preparations, toilet articles, cleaning articles, washing preparations
Retail services in relation to the following goods: Candles, Fuels, And illuminants, Industrial oils
Retail services in relation to the following goods: articles of metal hardware, Containers of metal, Safes (strong boxes), Statues and works of art of common metal
Retail services in relation to the following goods: domestic electrical appliances, household electric machines
Retail services in relation to the following goods: Cutlery, Cutlery, Garden article
Retail services in relation to the following goods: Computer hardware, Computer software, audio-visual apparatus, Headphones, Batteries, Batteries, Sockets, plugs and other contacts (electric connections), Spectacles
Retail services in relation to the following goods: lighting, Kitchen tools, refrigerating apparatus, Freezing apparatus, Cookers, Heaters, Tanning apparatus, Sanitary installations
Retail services in relation to the following goods: Vehicles, Bicycles, Bicycle accessories, Prams, Recreational boats, Scooters, Electric scooters
Retail services in relation to the following goods: Jewellery, Clocks, Chronometric instruments
Retail services in relation to the following goods: Stationery, Paper, Cardboard, Disposable paper goods, Decorative materials and artists' materials
Retail services in relation to the following goods: Briefcases (leatherware), Luggage, Bags, Furs, Walking sticks, Pet goods, Umbrellas and parasols
Retail services in relation to the following goods: Building materials, construction machines, Construction implements, Building tools, Flooring (parquet -)
Retail services in relation to the following goods: Mirrors (looking glasses), Picture frames, Containers, Mattresses, Blinds (indoor) and Indoor curtains (roller blinds), statues, Figurines and works of art
Retail services in relation to the following goods: Containers, Cooking pot sets, Cooking utensils, Crockery, Cups, glasses, Brushes, paint brushes, Combs, objects d'art, Non-electric kitchen appliances, Non-electric domestic appliances, Non-electric cleaning apparatus
Retail services in relation to the following goods: textiles, house ware, drapery, Interior blinds, webbings, bed clothes and blankets
Retail services in relation to the following goods: Clothing, Footwear and headwear, Fashion accessories
Retail services in relation to the following goods: clothing accessories, sewing articles, artificial plants, Hair ornaments and hair fastening apparatus
Retail services in relation to the following goods: Floor coverings, Carpets, rugs, mats, Wall hangings, Wall coverings
Retail services in relation to the following goods: Games, toys, Sporting articles, Decorations for Christmas trees.
The mark was filed in class 43 with Providing of food and drink and temporary accommodation.