The trademark application charming delight was filed by Berthold Mursch, a national of the Republic of Austria (the "Applicant") and Angelika Ebster, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). Application refused.
The application was filed in German (English was selected as the second language).
The Appeal with reference B R1269/2023-5 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on October 17, 2023 by the EUIPO. The Refusal with reference B 018767134 was Rejected according to Article 7(1)(b) EUTMR with decision issued on April 24, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable image files
Spectacle cases
Compact discs [audio-video]
Electronic publications, downloadable
Sunglasses.
The mark was filed in class 11 with following description of goods:
Electric lamps
Hanging ceiling lamps
Ceiling lights
Chandeliers
Floor lamps
Street lamps
Wall lights
Table lamps
Garden lighting
Lamp shades
Lamp globes
Lamp glasses
Lampshade holders
Light diffusers
Light bulbs
LED light bulbs.
The mark was filed in class 14 with following description of goods:
Bracelets [jewellery]
Amulets [jewellery]
Earrings
Drop earrings
Rings [jewellery]
Jewellery charms
Jewellery
Figurines of precious metal
Necklaces [jewellery]
Works of art of precious metal
Brooches [jewellery]
Pins [jewellery].
The mark was filed in class 16 with following description of goods:
Announcement cards [stationery]
Stickers [stationery]
Pictures
Pads [stationery]
Pamphlets
Booklets
Books
Printed matter
Covers [stationery]
Greeting cards
Flyers
Photographs [printed]
Graphic representations
Calendars
Catalogues
Note books
Posters
Postcards
Prospectuses
Printed publications
Boxes of paper or cardboard.
The mark was filed in class 20 with following description of goods:
Furniture
Tea trolleys
Beds
Chests of drawers
Racks [furniture]
Bookcases
Seats
Stools
Benches [furniture]
Tables [furniture]
Desks
Sofas
Chaise longues
Armchairs
Cushions
Coatstands
Screens [furniture]
Cupboards
Works of art of wood, wax, plaster or plastic
Lawn furniture.
The mark was filed in class 21 with following description of goods:
Mugs
Containers for household or kitchen use
Flasks
Bottles
Spice sets
Glasses [receptacles]
Candelabra [candlesticks]
Coffee services [tableware]
Jugs
Kitchen utensils
Works of art of porcelain, ceramic, earthenware, terra-cotta or glass
Porcelain
Dishes
Bowls [basins]
Cups
Tea services [tableware]
Drinking glasses
Vases.
The mark was filed in class 27 with following description of goods:
Rugs (Floor -)
Door mats
Mats
Carpets
Carpets [textile]
Hand made woollen carpets
Textile wallcoverings.
The mark was filed in class 35 with following description of goods:
Retail services in relation to electronic publications, downloadable
Wholesale services in relation to electronic publications, downloadable
Online retail services in relation to electronic publications, downloadable
Retail services in relation to spectacle cases
Wholesale services in relation to spectacle cases
Online retail services in relation to spectacle cases
Retail services in relation to downloadable image files
Wholesale services in relation to downloadable image files
Online retail services in relation to downloadable image files
Retail services in relation to cables, electric
Wholesale services in relation to cables, electric
Online retail services in relation to cables, electric
Retail services in relation to sunglasses
Wholesale services in relation to sunglasses
Online retail services in relation to sunglasses
Retail services in relation to electric lamps
Wholesale services in relation to electric lamps
Online retail services in relation to electric lamps
Retail services in relation to hanging ceiling lamps
Wholesale services in relation to hanging ceiling lamps
Online retail services in relation to hanging ceiling lamps
Retail services in relation to chandeliers
Wholesale services in relation to chandeliers
Online retail services in relation to chandeliers
Retail services in relation to floor lamps
Wholesale services in relation to floor lamps
Online retail services in relation to floor lamps
Retail services in relation to table lamps
Wholesale services in relation to table lamps
Online retail services in relation to table lamps
Retail services in relation to garden lighting
Wholesale services in relation to garden lighting
Online retail services in relation to garden lighting
Retail services in relation to wall lights
Wholesale services in relation to wall lights
Online retail services in relation to wall lights
Retail services in relation to lamp shades
Wholesale services in relation to lamp shades
Online retail services in relation to lamp shades
Retail services in relation to lED light bulbs
Wholesale services in relation to lED light bulbs
Online retail services in relation to lED light bulbs
Retail services in relation to bracelets [jewellery]
Wholesale services in relation to bracelets [jewellery]
Online retail services in relation to bracelets [jewellery]
Retail services in relation to amulets [jewellery]
Wholesale services in relation to amulets [jewellery]
Online retail services in relation to amulets [jewellery]
Retail services in relation to earrings
Wholesale services in relation to earrings
Online retail services in relation to earrings
Retail services in relation to drop earrings
Wholesale services in relation to drop earrings
Online retail services in relation to drop earrings
Retail services in relation to rings [jewellery]
Wholesale services in relation to rings [jewellery]
Online retail services in relation to rings [jewellery]
Retail services in relation to jewellery charms
Wholesale services in relation to jewellery charms
Online retail services in relation to jewellery charms
Retail services in relation to jewellery
Wholesale services in relation to jewellery
Online retail services in relation to ornaments [jewellery, jewelry (Am.)]
Retail services in relation to necklaces [jewellery]
Wholesale services in relation to necklaces [jewellery]
Online retail services in relation to necklaces [jewellery]
Retail services in relation to works of art of precious metal
Wholesale services in relation to works of art of precious metal
Online retail services in relation to works of art of precious metal
Retail services in relation to brooches [jewellery]
Wholesale services in relation to brooches [jewellery]
Online retail services in relation to brooches [jewellery]
Retail services in relation to announcement cards [stationery]
Wholesale services in relation to announcement cards [stationery]
Online retail services in relation to announcement cards [stationery]
Retail services in relation to pictures
Wholesale services in relation to pictures
Online retail services in relation to pictures
Retail services in relation to pamphlets
Wholesale services in relation to pamphlets
Online retail services in relation to pamphlets
Retail services in relation to books
Wholesale services in relation to books
Online retail services in relation to books
Retail services in relation to bookends
Wholesale services in relation to bookends
Online retail services in relation to bookends
Retail services in relation to flyers
Wholesale services in relation to flyers
Online retail services in relation to flyers
Retail services in relation to photographs [printed]
Wholesale services in relation to photographs [printed]
Online retail services in relation to photographs [printed]
Retail services in relation to greeting cards
Wholesale services in relation to greeting cards
Online retail services in relation to greeting cards
Retail services in relation to graphic representations
Wholesale services in relation to graphic representations
Online retail services in relation to graphic representations
Retail services in relation to calendars
Wholesale services in relation to calendars
Online retail services in relation to calendars
Retail services in relation to note books
Wholesale services in relation to note books
Online retail services in relation to note books
Retail services in relation to postcards
Wholesale services in relation to postcards
Online retail services in relation to postcards
Retail services in relation to posters
Wholesale services in relation to posters
Online retail services in relation to posters
Retail services in relation to prospectuses
Wholesale services in relation to prospectuses
Online retail services in relation to prospectuses
Retail services in relation to printed publications
Wholesale services in relation to printed publications
Online retail services in relation to printed publications
Retail services in relation to boxes of paper or cardboard
Wholesale services in relation to boxes of paper or cardboard
Online retail services in relation to boxes of paper or cardboard
Retail services in relation to furniture
Wholesale services in relation to furniture
Online retail services in relation to furniture
Retail services in relation to chests of drawers
Wholesale services in relation to chests of drawers
Online retail services in relation to chests of drawers
Retail services in relation to cupboards
Wholesale services in relation to cupboards
Online retail services in relation to cupboards
Retail services in relation to racks [furniture]
Wholesale services in relation to racks [furniture]
Online retail services in relation to racks [furniture]
Retail services in relation to seats
Wholesale services in relation to seats
Online retail services in relation to seats
Retail services in relation to stools
Wholesale services in relation to stools
Online retail services in relation to stools
Retail services in relation to tables
Wholesale services in relation to tables
Online retail services in relation to tables
Retail services in relation to sofas
Wholesale services in relation to sofas
Online retail services in relation to sofas
Retail services in relation to armchairs
Wholesale services in relation to armchairs
Online retail services in relation to armchairs
Retail services in relation to screens [furniture]
Wholesale services in relation to screens [furniture]
Online retail services in relation to screens [furniture]
Retail services in relation to mugs
Wholesale services in relation to mugs
Online retail services in relation to mugs
Retail services in relation to containers for household or kitchen use
Wholesale services in relation to containers for household or kitchen use
Online retail services in relation to containers for household or kitchen use
Retail services in relation to candelabra [candlesticks]
Wholesale services in relation to candelabra [candlesticks]
Online retail services in relation to candelabra [candlesticks]
Retail services in relation to dishes
Wholesale services in relation to dishes
Online retail services in relation to dishes
Retail services in relation to cups
Wholesale services in relation to cups
Online retail services in relation to cups
Retail services in relation to drinking glasses
Wholesale services in relation to drinking glasses
Online retail services in relation to drinking glasses
Retail services in relation to vases
Wholesale services in relation to vases
Online retail services in relation to vases
Retail services in relation to coffee services [tableware]
Wholesale services in relation to coffee services [tableware]
Online retail services in relation to coffee services [tableware]
Retail services in relation to jugs
Wholesale services in relation to jugs
Online retail services in relation to jugs
Retail services in relation to works of art
Wholesale services in relation to works of art
Retail services in relation to tea services [tableware]
Wholesale services in relation to tea services [tableware]
Online retail services in relation to tea services [tableware]
Retail services in relation to carpets [textile]
Wholesale services in relation to carpets [textile]
Online retail services in relation to carpets [textile]
Retail services in relation to mats
Wholesale services in relation to mats
Online retail services in relation to mats
Retail services in relation to textile wallcoverings
Wholesale services in relation to textile wallcoverings
Online retail services in relation to textile wallcoverings
Retail services in relation to hand made woollen carpets
Wholesale services in relation to hand made woollen carpets
Online retail services in relation to hand made woollen carpets
Advertising
Business management
Business administration
Publication of publicity texts
Marketing
Online advertising on a computer network.
The mark was filed in class 41 with following description of goods:
Electronic desktop publishing
Publication of books
Publication of leaflets
Publication of calendars
Publication of texts, other than publicity texts
Newspaper publication
Organization of exhibitions for cultural or educational purposes
Film production, other than advertising films
Providing films, not downloadable, via video-on-demand services
Screenplay writing.
The mark was filed in class 42 with following description of goods: