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EUTM file information

018763875

FRANKLIN

September 15, 2022

Trademark Summary

The trademark FRANKLIN was filed by Franklin Sports, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on October 20, 2022, and received one opposition filed on January 22, 2023 by Franklin & Marshall Holding Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 22, 2023

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

The application claimed as seniority of "BX" trademark 725220 and filed on February 13, 1989 which was accepted by the office.

Goods And Services

  • The mark was filed in class 4 with following description of goods:
    1. Industrial oils and greases
    2. Lubricants
    3. Dust controlling compositions
    4. Fuels (including motor spirit) and illuminants
    5. Candles and wicks for lighting
    6. Oil for baseball gloves.
  • The mark was filed in class 9 with following description of goods:
    1. Scientific, nautical, surveying and electrical apparatus and instruments not included in other classes, photographic, cinematographic, optical, weighing, measuring, signaling, control (inspection), assistance (rescue) and teaching apparatus and instruments
    2. Apparatus for recording, transmission or reproduction of sound or images
    3. Magnetic data carriers
    4. Recording discs
    5. Mechanisms for coin-operated apparatus
    6. Cash registers
    7. Calculators
    8. Data processing equipment
    9. Computers
    10. Fire extinguishing apparatus
    11. Mouth, lip and teeth protectors
    12. Protection helmets for sports
    13. Headwear for sporting activities for protection against injury
    14. Face guards for protection against accident or injury
    15. Protection for teeth, jaws and lips
    16. Protective spectacles
    17. Spectacles for sports
    18. Sunglasses
    19. Sunglasses with flip-up lenses
    20. Folding sunglasses
    21. Software
    22. Game software
    23. Downloadable computer game software for use on mobile and cellular phones
    24. Downloadable game software
    25. Virtual clothing and sporting equipment authenticated by non-fungible tokens (NFTs) and other application tokens
    26. Downloadable software for creating digital collectibles
    27. Downloadable software for creating digital collectibles authenticated by non-fungible tokens.
  • The mark was filed in class 16 with following description of goods:
    1. Paper
    2. Cardboard
    3. Printed matter
    4. Bookbinding material
    5. Photographs [printed]
    6. Stationery
    7. Adhesives for stationery or household purposes
    8. Artists' materials
    9. Brush pens
    10. Typewriters and office requisites [except furniture]
    11. Teaching materials [except apparatus]
    12. Plastic materials for packaging (not included in other classes)
    13. Print letters
    14. Printing blocks
    15. Score books.
  • The mark was filed in class 18 with following description of goods:
    1. Bags
    2. Sports bags
    3. Suitcases
    4. Luggage bags
    5. Wallets
    6. Key wallets
    7. Travel bags
    8. School bags
    9. All-purpose sports bags
    10. Duffel bags
    11. Backpacks
    12. Shoulder bags
    13. Messenger bags and briefcases for athletic coaches.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Footwear
    3. Headgear
    4. T-shirts
    5. Sweatshirts
    6. Suits
    7. Jackets
    8. Wristbands (clothing accessories)
    9. Headbands (clothing accessories)
    10. Sports shoes
    11. Leisure shoes
    12. Hats
    13. Baseball caps
    14. Socks
    15. Gloves
    16. Mittens
    17. Scarves
    18. Undergarments
    19. Molded grips (type of gloves)
    20. Sauna clothing
    21. Special belts and garments, by which, by wearing them, a better result during slimming can be obtained.
  • The mark was filed in class 28 with following description of goods:
    1. Games, toys and playthings
    2. Tabletop games
    3. Gymnastic and sporting articles
    4. Sports equipment and accessories
    5. Basketball, badminton, baseball, boxing, rugby, field hockey, skiing, softball, tennis, pickleball, American football, soccer, volleyball and archery equipment
    6. Sports balls, including balls for baseball, softball, pickleball, basketball, American football, soccer, rugby, tennis and table tennis
    7. Cricket and baseball bats and rackets
    8. Miniature tabletop games
    9. Electronic game devices other than those designed for use only with a television receiver
    10. Sport gloves
    11. Boxing gloves
    12. Boxing training bag
    13. Body protectors for sports use, especially American football, baseball, volleyball, soccer and hockey
    14. Hand-held exercise equipment, including fitness training equipment
    15. Dumbbell sets and storage devices for that purpose
    16. Soft dumbbells
    17. Wrist and ankle weights
    18. Sit-up exercise rods
    19. Chest stretchers
    20. Jump ropes
    21. Bending bars
    22. Triceps bars
    23. Boxing equipment, including boxing gloves, training bags, leather fast-boxing bags
    24. Rugby accessories not included in other classes
    25. Kickoff tees
    26. Gloves for batting and fielding
    27. Baseball bats
    28. Bags for baseball bats
    29. Bowling sets
    30. Baseball sets
    31. Baseball wall games
    32. Baseball gloves
    33. Tees
    34. Goals for basketball, football, croquet, kickball, hockey, yo-yos
    35. Targets for baseball training, bases and replacement bases
    36. Resin bags and cloths impregnated with pine tar to promote better grip on sporting goods
    37. Non-slip resin sprays for use by athletes
    38. Shock absorption pads for protection against injury [sporting articles]
    39. Pet toys
    40. Flying discs
    41. Cornhole game sets
    42. Archery sets (bows, arrows and targets)
    43. Decorations for Christmas trees
    44. Electronic games for use in conjunction with a TV
    45. Baseball bags
    46. Pickleball bags.