The trademark Laublust was filed by Gipanis GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 21, 2023, and received one opposition filed on August 21, 2023 by Deutsche Medien-Manufaktur GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Metal hardware
Locks and keys, of metal
Statues and works of art of common metals
Drainage plates of metal
Weather- or wind-vanes of metal
Pavilions made of metal
Letter boxes of metal
Letters and numerals of common metal, except type
Boxes of common metal
Labels of metal
Bottle caps of metal
Bottle closures of metal
Knobs of metal
Ferrules of metal for handles
Hooks [metal hardware]
Boxes of common metal
Clothes hooks of metal
Baskets of metal
Latches of metal
Lock bolts
Screws of metal
Nuts of metal
Step stools of metal
Door fittings of metal.
The mark was filed in class 8 with following description of goods:
Cutlery
Kitchen knives
Knife sharpeners
Kitchen shears
Knife set with stand
Tin openers (Hand-operated -)
Non-electric pasta cutters
Vegetable peelers, hand-operated
Hand-operated potato peelers
Cocktail spoons
Hand tools and implements (hand operated) for agricultural, horticultural and forestry purposes
The mark was filed in class 11 with following description of goods:
Lighting lamps
Pendant lights
Guide lights, Exterior lights, Lanterns for lighting
Electric heated urns
Garden decorations, namely Luminaires, Lanterns for lighting, Chinese lanterns, Searchlights, Fire bowls [including being adapted for grilling]
Bath tub sets, namely Taps, Flow and spout pipes, valves and parts for all the aforesaid goods, Combined bath tub and shower sets
Mangal grills
Lamps
Bed warmers
Lights, electric, for Christmas trees
Electric lamps
Electric torches
Light bulbs
Candle lanterns
Chandeliers
Lamp glasses
Lamp globes
Chinese lanterns
Lanterns for lighting
Luminous house numbers
Luminous tubes for lighting
Discharge tubes , electric, for lighting
Fairy lights for festive decoration.
The mark was filed in class 14 with following description of goods:
Clocks
Watch bands
Clock cases
Pendulums [clock- and watchmaking]
Watch springs
Control clocks [master clocks].
The mark was filed in class 16 with following description of goods:
Decoration and art materials and media
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Stationery and educational supplies
Appointment books
Calendars
Flip charts
Paper trays
Fiberboard boxes
Archiving boxes
Filing boxes
Sealing stamps
Ink, for use in relation to the following goods: Sealing stamps
Stamp pads
Envelopes (stationery)
Easel paper
Kitchen towel, made of the following materials: Textiles
Coffee filter papers, tea filters of paper
Photographic albums
White boards
Paintings [pictures], framed or unframed
Vacuum sealed bags for packaging
Hanging organisers
Door organisers
Garbage bags of paper or of plastics
Folders for papers
Document files [stationery]
Albums
Almanacs
Atlases
Stickers [stationery]
Money holders
Banners of paper
Mats for beer glasses
Pictures
Blueprints
Pads [stationery]
Booklets
Letter trays
Postage stamps
Writing paper
Pamphlets
Bookends
Office requisites, except furniture
Clips for offices
Labels of paper or cardboard
Glitter for stationery purposes
Terrestrial globes
Greeting cards
Graphic representations
Graphic prints
Graphic reproductions
Gummed cloth for stationery purposes
Name badge holders [office requisites]
Wood pulp paper
Paper coffee filters
Coasters of paper
Cards
Tags for index cards
Catalogues
Painters' easels.
The mark was filed in class 18 with following description of goods:
Cutlery pouches, of the following materials: matter
Textile bags for storing food
Bags/shoppers
Patio umbrellas
Beach umbrellas [beach parasols]
Clothing for animals
Clothing for pets
Collars for animals
Feed bags for animals
Carriers for animals (bags), in particular transport bags for animals
Leather straps, in particular carrying straps for animals
Girths of leather
Muzzles
Leads for animals
Coats for animals
Harness for animals
Bridle
Pet kennels
Baskets for cosmetics
Pouch baby carriers
Backpacks for carrying infants
Slings for carrying infants
Sling bags for carrying infants
Clothing for pets
Bags for campers
Covers for animals
Net bags for shopping
Shopping bags
Handbags
Garment bags for travel
Vanity cases, not fitted
Credit card cases [wallets].
The mark was filed in class 20 with following description of goods:
Goods, not of metal, namely mooring buoys, locks and keys, Door, gate and window fittings, valves, Fixing materials, Clappers, Clips, Connectors and connections, Compartments, Clack valves, Handles and rails, Knuckles, Hooks and suspension devices, Identification bracelets, Moulds and stretchers, Holders for pennants, Plugs, Protectors and support equipment
Goods, not of metal, namely spools, stiffening materials, rings, poles, saw benches, mats for sinks, spacer rings, intermediate layers for bathtubs, staircase fittings, spiral springs, stackable adapters, staves, posts and masts, suction cups, overhead rail systems, trailers, tension rollers, parts for tents, paper tissue holders, trays
Furniture and furnishings
Containers, and closures and holders therefor, non-metallic
Crates and pallets, non-metallic
Statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic
Animal housing and beds
Fasteners, non-metallic
Furniture
Easy-chairs
Pouffes
Benches [furniture]
Tables
Seats
End tables
Moveable walls
Coat hangers and coat stands
Shoe racks
Bedside tables, Shelving, cabinets, Bag chairs, frameless furniture
Floor mirrors, hanging mirrors and decorative mirrors
Sleeping pads, Hallway benches, clothing boxes
Desk organisers
Organisers for stationery use
Non-metal weather vanes
Sink mats
Racks [furniture]
Standing racks
Flower stands
Lawn furniture
Swing benches
Easy chairs
Cushions [furniture]
Picture frames
Baskets
Key racks [furniture]
Door stoppers
Pet cushions
Kennels for household pets
Fodder racks
Animal housing and beds
Animal carriers in the form of boxes
Cover for container, Non-metallic panels, None of the aforesaid goods for household or kitchen purposes
Mirrors (silvered glass)
Wooden mail boxes, plastic mail boxes
Garden benches
Bathroom shelves
Towel dryers
Non-metal hooks
Corks
Benches [furniture]
Bedding
Bedsteads of wood
Flower-stands [furniture]
Flower-stands [furniture]
Book rests [furniture]
Bookcases
Library shelves
Dinner wagons [furniture]
Camping mattresses
Containers, not of metal [storage, transport]
Decorations of plastic for foodstuffs
Dowels, not of metal
Plugs [dowels], not of metal
Shelves for file cabinets
Figurines of wood, wax, plaster or plastic
Hand-held flagpoles, not of metal
Bottle caps, not of metal
Bottle racks
Corks for bottles
Bottle casings of wood
Bottle closures, not of metal
Coathooks, not of metal
Coatstands
Bag hangers, not of metal
Non-luminous house numbers, not of metal
Stools
High chairs for babies
Cushions
Clothes hooks, not of metal
Mannequins and tailors' dummies
Wardrobes
Coatstands
Knobs, not of metal
Chests of drawers
Console tables
Pillows
Bolsters
Head positioning pillows for babies
Head-rests [furniture]
Head support cushions for babies
Scratching posts for cats
Playpens for babies
Tool boxes, not of metal, empty
Tool chests, not of metal, empty
Lecterns
Beds for pets
Air beds, not for medical purposes
Mats for infant playpens
Work stations [furniture]
Legs for furniture
Furniture fittings, not of metal
Nesting boxes for household pets
Rivets, not of metal
Placards of wood or plastics
Rattan
Shelving units
Latches, not of metal
Cupboards
Screws, not of metal
Nuts, not of metal
Writing desks
Desks
Lockers
School furniture
Chests for toys
Bumper guards for cots, other than bed linen
Plate racks
Dressing tables
Wind chimes [decoration]
Magazine racks
Newspaper display stands
Tent pegs, not of metal.
The mark was filed in class 21 with following description of goods:
Oven mitts
Flower pots
Flower pot holders
Plant pot saucers
Serving platters
Cooking utensils, Especially Meat tenderisers, Manual meat grinders
Kitchen yarn, injector syringes for meat, meat rings, meat presses
Laundry preparation dispensers, stalk separators
Glasses [drinking vessels]
Glasses for sparkling wine
Schnapps glasses
Glasses, for use in relation to the following goods: Whiskey
Knife blocks, of the following materials: Wood and Metal
Chopping boards, of the following materials: Silicone, Wood, Plastic
Mills for household purposes, hand-operated
Baking mats
Baking accessories, Especially, Baking tools, Baking utensils, Being an integral component of finished compositions (baking sets) for self-baking, in relation to the following goods, Cakes, Tarts, Bread, Pastries, other bakers' goods
Moulds for food and confectionery moulds
Graters
Cooking spatulas
Accessories for preparing meat, namely Meat tongs, Meat tenderisers for household purposes
Meat grinders, non-electric, Brushes for basting meat, Meat rings, injector syringes for food
Household or kitchen utensils
Non electric juice extractors
Nutcrackers
Hand-operated presses, namely, Hamburger presses
Cheese presses
Garlic presses
Toilet brushes
Dishwashing brushes
Sink organizers
Sponge holders
Dishwashing baskets
Cloths for cleaning
Mortars for kitchen use
For pots
Drinks mats, for use in relation to the following goods: Cups
Non-electric coffee filtering apparatus for brewing coffee
Coffeepots, non-electric
Tea strainers
Tea caddies
Tea cups
Tea services [tableware]
Tea caddies
Drip mats for tea
Tea sts
Teapots and tea kettles
Lids for cups
Bar accessories, namely Ice cube moulds
Flair bottles and dressing bottles
Waiters' bells
Muddlers
Pitchers
Bar strainers
Cocktail pipettes
Corkscrews, electric and non-electric
Bottle openers [hand-operated]
Whisky stones
Bar organisers
Bar shakers, Ice buckets, Wine bottle pourers
Spout nozzles for bottles
Drip rings, Candelabra [candlesticks]
Vases
Cages for household pets
Cages for household pets
Pet feeding and drinking bowls
Plastic containers for dispensing food to pets
Plastic containers for dispensing drink to pets
Pet feeding bowls
Feeding mats of plastic
Ant habitats
Aquariums
Aquarium ornaments
Barbecue tongs
Barbecue forks
Earthen pots
Buckets
Pots, of wood
Laundry baskets for household purposes
Toothbrush holders
Soap brackets
Soap containers
Cosmetic organisers.
The mark was filed in class 24 with following description of goods:
Comforters
Bed covers
Duvet covers
Table runners of textile
Tea towels, of the following materials: Textiles
Beach towels
Bath towels
Tulle, Curtains and hangings
Kitchen sets of table linen
Bed blankets
Bed valances
Bed linen
Covers for cushions
Blankets for household pets
Printers' blankets of textile
Eiderdowns [down coverlets]
Felt
Linen cloth
Pillow shams
Pillowcases
Crepe [fabric]
Picnic blankets
Place mats of textile
Baby buntings
Sleeping bag liners
Towels of textile
Fabrics
Handkerchiefs of textile
Tablemats of textile
Tablecloths, not of paper
Table runners, not of paper
Table napkins of textile
Tablecloths, not of paper
Table linen, not of paper
Coasters of textile
Drinks sets of table linen.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling, including via the Internet, in relation to the following goods: Construction materials and components of metal, articles of metal hardware, Metal locks and keys, Statues and works of art of common metal, drainage plates, Wind vanes of metal, Pavilions made of metal, Letter boxes of metal, Letters and numerals (of common metal) except type, Boxes of common metal, Labels of metal, Metal bottle caps, Metal closures for bottles, knobs of metal, Ferrules of metal for handles, Hooks (metal hardware), Boxes of common metal, Clothes hooks of metal, Baskets of metal, Metal dead bolts, Lock bolts, Screws of metal, Nuts of metal, step stools of metal, Door fittings of metal
Retailing and wholesaling, including via the Internet, in relation to the following goods: Flatware, Kitchen knives, knife sharpeners, kitchen shears, Knife sets with stand, hand-operated tin openers, Non-electric pasta cutters, Vegetable peelers [hand knives], hand operated potato peelers, Cocktail stirring spoons, Hand tools and implements (hand operated) for agricultural, horticultural and forestry purposes, Garden rollers (hand-operated), Shears and knives for garden use, Manually operated snow scoops, Pie servers, Scarifiers, Oyster openers, Pruning sheers, Files, Scaling knives, Mincing knives (hand tools), Fruit reamer knives, Forks, spoons and knives [table cutlery], pruner knives, Secateurs, Vegetable slicers (Hand-operated -), Foundry ladles (hand tools), Harpoons, Scaling knives, Scissors
Retailing and wholesaling, including via the Internet, in relation to the following goods: Lamps, Suspension lamp, Nightlights, Outdoor lights, Lanterns, Electric warming trays, garden decorations, Namely of Lamps (illumination apparatus), Lanterns, Chinese lanterns, Torches for lighting, Fire bowls [including being adapted for grilling], bath tub sets, Namely of Taps [faucets], Flow and spout pipes, valves and parts for all the aforesaid goods, Combined bath tub and shower sets, mangal grills, Lamps, Bed-warmers, Christmas trees (electric lights for -), Electric lamps, Pocket torches, electric, Light bulbs, Candle lanterns, chandeliers, Lamp glasses, Globes for lamps, Chinese lanterns, Lanterns, Luminous house numbers, Luminous tubes for lighting, Electric discharge tubes for lighting, Fairy lights for festive decoration
Retailing and wholesaling, including via the Internet, in relation to the following goods: Watches, watch bands, watch boxes, Pendulums (clock- and watchmaking), watch springs, Master clocks
Retailing and wholesaling, including via the Internet, in relation to the following goods: Decorative and artists' materials and requisites, Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics, Stationery and instructional and teaching material, appointment books, Calendars, flip charts, paper trays, Boxes of cardboard, Archiving boxes, Filing boxes, Stamps [seals], Ink for stamps, stamp pads, Envelopes, Easel paper, Tea towels, Made from the following materials: textile goods, Coffee filters of paper, Paper tea filters, photo albums, magnetic boards, Paintings (pictures) framed or unframed, vacuum bags For packaging, Hanging organisers, door organisers, Rubbish bags of paper or of plastic, Folders for papers, Organiser files, Albums, Almanacs, Atlases, Stickers (stationery), Clips for banknotes, Banners of paper, Mats for beer glasses, pictures, Blueprints (plans), Pads [stationery], Booklets, Letter trays, Postage stamps, Stationery paper, Pamphlets, books, Bookends, Office requisites (except furniture), Paper clips, Labels of paper or cardboard, Glitter for stationery purposes, Terrestrial globes, Greetings cards, graphic representations, art prints, Graphic reproductions, Gummed cloth for stationery purposes, Name badge holders (office requisites), Wood pulp paper, Coffee filters of paper, Coasters of paper, Cards, Tags for index cards, catalogs, Painters´ easels
Retailing and wholesaling, including via the Internet, in relation to the following goods: Textile cutlery bags, textile bags for storing food, bags/shoppers, yoga mat carrying bags, garden umbrellas, beach umbrellas, Clothing for animals, Clothing for animals, Collars for animals, Nose bags for animals, animal carriers [bags], Especially Animal carriers for transport, Bands of leather, Especially Carrying straps for animals, Leather straps, Muzzles, leashes for animals, Costumes for animals, Apparatus for animals, Headstalls, Pet kennels, cosmetic organisers, baskets for cosmetics, Pouch baby carriers, Backpacks for carrying infants, baby slings, Sling bags for carrying infants, clothing for pets, bags for campers, Blankets for animals, net bags, Bags for shopping, handbags, Garment bags for travel, vanity cases, Credit card cases (pocket wallets)
Retailing and wholesaling, including via the Internet, in relation to the following goods: Goods, Non-metal tubes, Namely mooring buoys, Locks and keys, Fittings for doors, gates and windows, Valves, Fixing materials, Mounting stirrups, clips, Connectors and connections, Non-electric fans for personal use, Clack valves, Handles and rails, Knuckles, Hooks and mounts, identification bracelets, Moulds and stretchers
Retailing and wholesaling, including via the Internet, in relation to the following goods: Pennant holders, Dowels, Protectors and support equipment, Sinks, Reinforcement materials, rings, Rods, Saw horses, Sink mats, Spacer rings, Intermediate layers for bath tubs, stair fittings, Box springs, Staple adaptors, staves, Posts and masts, Suction cups, overhead rail systems, Tags, Tension rollers, parts for tents, paper towel holders, Trays, furniture and furnishings, Containers, and closures and holders therefor, not of metal, crates and pallets, nonmetallic, Statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic, The aforesaid goods included in this class, Animal housing and beds, Fastening material, not of metal, Furniture, Armchairs, Beanbags, Bench seats, Tables, Chairs, Side tables, Moveable walls, Coat hangers and coat stands, Shoe racks, Bedside tables, Shelves, Cabinets (furniture), Bag chairs, frameless furniture, floor mirrors, hanging mirrors and decorative mirrors, Sleeping mats, Hallway benches, clothing boxes, desk organisers, organisers for stationery use, Non-metal weather vanes, Sink mats, Shelves, Standing racks, Flower stands, Garden furniture, Garden swings, Deck chairs, Cushions [furniture], Picture frames, baskets, Key racks [furniture], Door bumpers/stops, Cushions for household pets, Kennels for household pets, Fodder racks, Animal housing and beds, Animal carrying boxes, Lids for containers [non-metallic and not for household or kitchen use], Mirrors (looking glasses), Letter boxes of wood, Letter boxes of plastic, Garden benches, bathroom shelves, Heated towel warmers, Non-metal hooks, Corks, Benches [furniture], Beds for household pets, Wood bedsteads, Flower-stands [furniture], Flower-stands (furniture), Book rests (furniture), Of bookcases, bookshelves, Dinner wagons [furniture], camping mattresses, Containers, not of metal [storage, transport], Decorations of plastic for foodstuffs, Of non-metal dowels, Wall plugs, not of metal, Shelves for file cabinets, Figurines of wood, wax, plaster or plastic, Hand-held flagpoles, not of metal, Bottle caps, not of metal, Bottle racks, Corks for bottles, Bottle casings of wood, Bottle closures, not of metal, Coathooks, not of metal, Coatstands, Bag hooks, not of metal, House numbers, not of metal, non-luminous, Stools, Highchairs, cushions, Clothes hooks, Non-metal tubes, Dummies (jokes), Wardrobes, Coatstands, Knobs, not of metal, Chests of drawers, Console tables, Pillows, Bolsters, head positioning pillows for babies, Head-rests [furniture], Of head support cushions for babies, Scratching posts for cats, Playpens, Empty tool boxes, Non-metal tubes, Tool chests, not of metal, empty, Lecterns, Beds for pets, Air beds, not for medical purposes, Mats for playpens, Furniture legs, Furniture fittings, not of metal, Nesting boxes for household pets, Rivets, not of metal, Placards of wood or plastics, Rattan, shelving units, Latches, not of metal, Cabinets (furniture), screws, Non-metal tubes, Nuts, not of metal, Writing desks, Writing desks, Lockers, Educational furniture, Chests for toys, Bumper guards for cribs, other than bed linen, Dish racks, Dressing tables, Wind chimes (decoration), Magazine racks, Newspaper display stands, Tent pegs, not of metal
Retailing and wholesaling, including via the Internet, in relation to the following goods: Oven mitts, Flower pots, Flower pot holders, Plant pot saucers, serving ware, Cooking utensils, Especially Kitchen mallets, Manual meat grinders, Kitchen string, Meat injection syringes, Meat rings, meat presses, laundry preparation dispensers, stalk separators, glasses [drinking vessels], Glasses for sparkling wine, Shot glasses, Glasses for whiskey, jugs, Decanters, Drinks sets of table linen, Butter dishes, mustard pots, Serving boards for food, boxes for caviar, Jam jars, Candy jars sold empty, desert bowls, Milk jugs, Poaching moulds [kitchen items], Roasters, Dishes [household utensils], candelabras, coasters (tableware), napkin holders, gravy boats, stockpots, baking accessories, Namely of Cake containers, Cake dividers, Cake knives, cake cutters, Trays, Serving mats [household articles], knife blocks, Made from the following materials: wood and Metal, Chopping boards, Made from the following materials: Silicones, wood, plastic, mills for domestic purposes, hand-operated, Baking mats, baking accessories, Especially Baking tools and baking utensils, being integral components of ready-made compilations (baking sets) for baking homemade cakes, tarts, bread, pastries and other bakery goods, moulds for food and moulds for confectionery, graters and Vegetable mincers, Cooking spatulas, Spoons, Dinner forks, Accessories for preparing meat, Namely of meat tongs, Meat tenderisers for household use, Non electric meat grinders, Brushes for basting meat, meat rings, injector syringes for food, Household or kitchen utensils, juicers (non-electric), nut crackers, hand-operated presses, Namely of Hamburger presses, Cheese presses, garlic presses, lavatory brushes, dish washing brushes, Sink organizers, Sponge holder, Dishwashing baskets, Cleaning cloths, mortars for kitchen use, For pots, Coasters, Vacuum flasks, Cups, vacuum jugs, Bowls (basins), cake holders, Pepper mills (hand operated), Salt mills [hand-operated], pepper pots, dispensers for salt, Bread baskets for household purposes, Storage vessels for household use, cafeftieres, Hand-operated coffee grinders, Non-electric coffee filtering apparatus for brewing coffee, Non-electric coffeepots, Tea strainers, Tea caddies, tea cups, Tea services, tea canisters, Tea saucers, tea sets, Teapots, tea kettles, Lids for cups, Bar accessories, Namely of Ice cube moulds (moulds), Flair bottles and dressing bottles, cocktail jiggers, Waiters' bells, muddlers, Pitchers, cocktail strainers, Cocktail pipettes, corkscrews, electric and non-electric, Bottle openers [hand-operated], Whisky stones, Bar organisers, Bar shakers, Ice buckets, Wine bottle pourers, bottle pourers, Drip rings, Candelabra, Vases, Cages for household pets, Cages for household pets, Pet food and drink bowls, plastic containers for dispensing food to pets, Plastic containers for dispensing drink to pets, Containers for pet food, Feeding mats of plastic, Ant habitats, aquariums, Decorative articles for aquariums, Grill tongs, Barbecue forks, Terracotta pots, bins, Wooden pots, laundry hampers for domestic or household use, Toothbrush holders, Soap holders, soap containers.