The trademark Binderplus was filed by Frank-Wilhelm Binder, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 30, 2022, and received one opposition filed on January 26, 2023 by Friedrich Binder GmbH & Co. KG on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by KUNZ RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 26, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 14 with following description of goods:
Jewellery
Precious stones, pearls and imitations of the aforesaid goods
Precious metals and their alloys
Processed or semi-processed precious metals
Time instruments, in particular watches
Parts for clockworks.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, including online in relation to the following goods: jewellery articles, precious stones, precious metals and clocks
Provision of an online marketplace for buyers and sellers of goods and services
Advertising, marketing and promotional services
Commercial services and consumer information, namely auctioneering, rental of automatic vending machines, organizing business contacts, commercial evaluation, agency business, import and export services, negotiation of contracts relating to the purchase and sale of goods, especially jewellery and precious metals
Ordering, price comparison, procurement services, for others, subscription services
Business assistance
Business management
Administrative of businesses, especially in the business of jewellery and precious metals
Business analysis, research and information services
Public relations services
Sales promotion
Advertising
Business consultancy and advisory services
Business administration and consultancy
Collection and maintenance of data in databases
Arranging of exhibitions for business purposes, especially in relation to precious metals
Provision of business information
Compilation and provision of trade and business price and statistical information
Management and compilation of computerised databases
Business research and surveys
Economic business lobbying
Compilation of statistics.
The mark was filed in class 40 with following description of goods:
Customised manufacturing and assembly services, namely processing and finishing of precious metals and jewellery
Custom manufacture of metal goods
Treatment and transformation of materials, namely processing, cutting, grinding and polishing of diamonds and other precious stones
Casting of jewellery
Metalworking [forming]
Metallurgical smelting
Metallurgical processing [treatment of materials]
Alloying of metals
Recovery of precious metals.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, scientific services, engineering, in particular in the field of precious metals and precious stones, development of alloys and coatings for metals
Testing, authentication and quality control
Conducting metallurgical analysis
Authentication of precious stones, classification of precious stones
Consultancy in relation to the aforesaid services.