The trademark application SUPERDRY was filed by DKH Retail Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). Appeal pending.
The application was filed in English (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 17, 2024. Appointment and Replacement of representative of the trademark registration was recorded on October 9, 2024.
The Refusal with reference B 018866600 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on February 18, 2024 by the EUIPO. The Appeal with reference B R0826/2024-5 was Trade mark application partially refused according to Article 7(1)(b) EUTMR with decision issued on August 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning preparations
, polishing preparations
, scouring preparations
Abrasive preparations
Soaps
Perfumes
Perfumery
Body mist
Body wash
Body spray
Body lotions
Bubble bath
Shower gel
Lip gloss
Lip balm
Essential oils
Make-up
Cosmetics
Hair preparations and treatments
Preparations for the conditioning of the body
Skin lotions
Toiletries
Hair lotions
Hair coloring preparations
Shampoos
Hair conditioners
Body cleaning and beauty care preparations
Dentifrices
Deodorants for personal use
Anti-perspirant deodorants
Cologne
Aftershave preparations
Aftershaves
Air fragrancing preparations
Nail polish
Nail varnish
Nail care products
Tanning preparations
Sun care preparations
Shaving preparations
Depilatories
Scented body lotions and creams
Hair gels, creams and mousses
Body fragrances
Fragrance preparations
Skincare preparations
False nails
Nail overlays/wraps
False eyelashes
Cleaning preparations for leather
Air fragrance reed diffusers
Scented room sprays
Gel eye masks.
The mark was filed in class 9 with following description of goods:
Optical apparatus and instruments
Sunglasses
Sports goggles
Spectacles
Ski goggles
Cases for sunglasses, spectacles, ski goggles and sports goggles
Containers for contact lenses
Laptop bags
Protective cases for smartphones
Protective cases for tablet computers
Computer hardware
Mats for use with a computer mouse
Computer game programs
Computer software
Sound and picture recording apparatus
Photographic apparatus and instruments
Telecommunications apparatus and instruments
Telephones
Mobile telephones
Smart phones
Digital audio players
Cases, covers, carry bags and holders for smart phones, MP3 and other digital format audio and video players, cameras and video cameras
Parts and accessories for telephones, smart phones, mobile telephones, satellite navigational devices, MP3 and other digital format audio and video players, cameras and video cameras
Hands free kits for telephones
Wireless headsets
Headphones
Loudspeakers
Microphones
Radios
Chargers
Apparatus for connecting and charging portable and handheld digital electronic devices
Magnetic data carriers, recording discs
CDs
DVDs
Memory cards
Magnetic encoded cards
Life jackets
Diving suits
Diving equipment
Protective helmets for use in sports
Protective helmets
Swimming goggles
Downloadable musical sound recordings
Motion pictures and video recordings featuring music, adventure and/or animation
Projection screens
Pocket calculators
Wearable activity trackers
Pedometers
Altimeters
Personal digital assistants
Fitness tracking devices
Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smartphones, and personal computers through Internet websites and other computer and electronic communication networks
Wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files and display screens
Electric charging cables
Computer software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files
Computer application software for use with wearable computer devices
Computer game software
Computer software and downloadable software in relation to customer incentive and loyalty-award programs in the fields of health, nutrition, athletics, sportswear and athletic footwear
Music headphones
Wireless headphones
Protective helmets for sports
Wet suits
Mouth protectors [gum shields]
Laptop covers made from paper materials.
The mark was filed in class 14 with following description of goods:
Jewellery, including imitation jewellery and plastic jewellery
Chronometric instruments
Horological instruments
Watch bands
Watch straps
Watch cases
Watches and clocks.
The mark was filed in class 16 with following description of goods:
Paper
Cardboard
Tissues
Toilet paper
Paper napkins for removing make up
Facial blotting paper
Paper towels
Paper napkins
Place mats and coasters of paper or cardboard
Packing paper
Wrapping paper and packaging materials
Bags and envelopes
Blotters
Paper table linen
Signboards of paper or cardboard
Tags for index cards
Notebooks
Pocket notebooks
Diaries
Writing pads
Memo pads
Writing paper
Pads [stationery]
Drawing paper
Cards
Copying paper [stationery]
Folios and folio holders
Personal organisers
Personal organiser files
Personal planners
Covers for personal organisers
Cases for personal planners
Address and telephone books
Autograph books
Albums
Index cards
Ornaments and decoration made of paper and/or cardboard
Tissue paper
Boxes of cardboard or paper
Binder paper
Bookbinding materials
Photographs
Photo albums
Photograph stands
Adhesives for stationery or household purposes
Gummed tape [stationery]
Adhesive tapes and adhesive tape dispensers
Tape cutters
Plastic materials for packaging (not included in other classes)
Bags [envelopes, pouches] of paper or plastics, for packaging
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors
Picture frames
Acrylic counter displays
Advertising balloons
Advertisement boards
Advertising display boards
Advertising signboards of wood
Plastic signboards
Frames for signboards
Wicker baskets
Hampers [baskets]
Bath pillows
Bathroom vanities [furniture]
Bathroom mirrors
Bathroom cupboards
Vanity units incorporating basins
Hand-held mirrors [toilet mirrors]
Beach beds
Bean bags
Bedroom furniture
Book stands [furniture]
Shelves for books
Photograph frames
Chests of drawers
Storage drawers [furniture]
Multi-purpose display stands
Display stands for merchandise
Cushions
Containers of plastic (Packaging -)
Portable boxes [containers] of wood
Wooden signboards
Wooden storage boxes
Dressmakers' dummies
Shop window dummies
Point of sale displays [furniture]
Coat hangers
Coat racks [furniture]
Make-up mirrors for the home
Make-up mirrors for purses
Garment rails
Clothes rails
Wardrobes
Tie racks
Travel pillows
Key cards (Plastic -), not encoded
Clothes stands
Stands (Costume -)
Benches [furniture]
Hand fans
Hat stands
Seats.
The mark was filed in class 21 with following description of goods:
Household utensils for cleaning, brushes and brush-making materials
Kitchen utensils
Combs
Sponges
Brushes, except paintbrushes
Articles for cleaning purposes
Steel wool
Ceramic ornaments
Glass ornaments
Figurines of porcelain, ceramic, earthenware, terra-cotta or glass
Tooth brushes
Electric and non-electric toothbrushes
Air fragrancing apparatus
Applicators for cosmetics
Atomisers for household use
Bath brushes
Bottle openers
Bottle coolers
Body sponges
Drinking bottles
Brushes for personal hygiene
Candle holders
Clothes-pegs
Clothes horses
Clothes brushes
Clothes-pins
Cloths for eye-glasses
Cocktail shakers
Comb cases
Toilet and bathroom cleaning utensils
Cosmetic utensils
Cosmetic brushes
Cosmetic powder compacts
Cosmetic spatulas
Cosmetics applicators
Soap dispensing bottles
Soap containers
Plastic bins [dustbins]
Essential oil burners
Abrasive sponges for scrubbing the skin
Exfoliating brushes
Eyebrow brushes
Eyelash combs
Facial sponges for applying make-up
Flasks
Household gloves
Hair brushes
Lip brushes
Loofahs
Make-up brushes
Non-electric make-up removing appliances
Mugs
Nail brushes
Oil burners (aromatherapy)
Perfume vaporizers
Perfume sprayers
Picnic boxes
Plastic bottles
Powder compacts
Shoe horns
Shoe cloths
Shoe polishers (Non-electric -)
Shoe brushes
Shaving brush stands
Shaving brushes
Shaving bowls
Shaving dishes
Shaving pots
Shaving stands
Boot trees
Soap dishes
Sponge holders
Stands for tooth brushes
Tie presses
Toiletry cases
Toothbrush containers
Towel racks.
The mark was filed in class 25 with following description of goods:
Clothing
Casual clothing
Formal wear
Sportswear
Loungewear
Gymwear
Hooded sweat shirts
Sweat shirts
Printed t-shirts
T-shirts
Polo shirts
Short-sleeved shirts
Long-sleeved shirts
Shirts
Blouses
Shorts
Rugby tops
Cardigans
Sweaters
Tracksuit tops
Jogging pants
Trousers
Leggings [trousers]
Jeans
Knitwear [clothing]
Jumpers
Fleece pullovers
Dresses
Skirts
Tops
Jackets [clothing]
Coats
Trench coats
Clothing of imitations of leather
Leather clothing
Leather jackets
Blazers
Cagoules
Hunting jackets
Wind jackets
Suits
Waistcoats
Ties
Socks
Scarves
Gloves
Swimwear
Belts for clothing
Underwear
Camisoles
Bras
Knickers
Boxer shorts
Underpants
Slips [undergarments]
Nightwear
Pyjamas
Bathrobes
Dressing gowns
Footwear
Sandals
Beach shoes
Flip-flops
Canvas shoes
Boots
Shoes
Leather shoes
Trainers
Running shoes
Sports shoes
Slippers
Headgear
Hats
Caps
Peaked caps
Baseball caps
Sports caps and hats
Bandanas
Beanie hats
Berets
Sports pants
Sports bras
Yoga shirts
Yoga pants
Yoga socks
Ski boot bags.
The mark was filed in class 28 with following description of goods:
Apparatus for games
Balls for sports
Bats for ball games
Racquets
Appliances for gymnastics
Golf clubs
Golf tees
Sporting articles and equipment
Aerobic steps
Exercise weights
Barbells
Archery apparatus
Hand wraps for sports use
Shin pads [sports articles]
Pads for use in sports
Backboards for basketball
Badminton equipment
Baseball bats
Baseball gloves
Climbers' harness
Hockey sticks
Ice hockey sticks
Field hockey balls
Hockey pucks
Ice hockey pucks
Ice skates
Ice skate blade guards
In-line skates
Skates (Roller -)
Tennis racquets
Leashes for bodyboards
Surfboard leashes
Bodyboards
Surfboards
Skateboards
Snowboards
Skis
Skipping ropes
Jump ropes
Medicine balls
Exercise bands
Golf bags
Ski bags
Bowling bags
Bags for fishing
Bags for skateboards
Cricket bags
Tennis racket covers
Bags especially designed for surfboards
Surfboard covers
Bags especially designed for skis
Ski cases
Ski covers
Balls for games
Pumps for inflating sports balls
Bags specially adapted for handheld video games
Golf balls
Baseball balls
Basketballs
Soccer balls
Tennis balls
Rugby balls
Footballs
Netballs
Beach balls
Billiard equipment
Body-training apparatus
Board games
Card games
Ski bindings and parts therefor
Gloves for sports
Snow boards
Snow globes
Darts
Dart boards
Gloves for water-skiing
Football gloves
Golf gloves
Sporting and physical exercise equipment
Exercise treadmills
Weight lifting machines for exercise
Kettle bells
Rowing machines
Elliptical trainers
Leg guards for athletic use
Inflatable toys
Kites
Lacrosse sticks
Nets for sports
Playing cards
Badminton racquets
Swimming floats
Swimming flippers
Yoga blocks
Volleyballs
Kiteboards
Stand-up paddle boards
Paddleball paddles
Punching bags for boxing
Sports training apparatus
Punching balls for boxing
Boxing gloves
Martial arts training equipment.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotion services
Retail services in relation to clothing
Retail services in relation to toiletries
Online retail store services relating to cosmetic and beauty products
Organisation, operation and supervision of loyalty and incentive schemes
Retail services in connection with the sale of cosmetics, toiletries, products and tools for personal hygiene and beauty care, enabling customers to conveniently view and purchase these goods from retail stores, general merchandise catalogues by mail order, telephone, or other means of telecommunication, or from a general merchandise website
Retail services in connection with the sale of computer hardware, computer software, satellite navigational devices, MP3 and other digital format audio and video players, parts and accessories for mobile telephones, cameras and video cameras, headphones, speakers, digital storage devices, enabling customers to conveniently view and purchase these goods from retail stores, general merchandise catalogues by mail order, telephone, or other means of telecommunication, or from a general merchandise website
Retail services in connection with the sale of eyewear and related accessories, bags, clothing, sportswear, leisurewear, footwear, headwear, game and sporting goods and equipment, fitness equipment, jewellery, watches, enabling customers to conveniently view and purchase these goods from retail stores, general merchandise catalogues by mail order, telephone, or other means of telecommunication, or from a general merchandise website
The provision of advice and information to customers and potential customers in the selection of cosmetics, toiletries, products and tools for personal hygiene and beauty care
The provision of advice and information to customers and potential customers in the selection of computer hardware, computer software, satellite navigational devices, MP3 and other digital format audio and video players, parts and accessories for mobile telephones, cameras and video cameras, headphones, loudspeakers, microphones, CDs, DVDs, memory cards
He provision of advice and information to customers and potential customers in the selection of eyewear and related accessories, bags, clothing, sportswear, leisurewear, footwear, headwear, game and sporting goods and equipment, fitness equipment, jewellery and watches
Wholesale services in connection with the sale of cosmetics, toiletries, products and tools for personal hygiene and beauty care
Wholesale services in connection with the sale of computer hardware, computer software, satellite navigational devices, MP3 and other digital format audio and video players, parts and accessories for mobile telephones, cameras and video cameras, headphones, loudspeakers, microphones, CDs, DVDs, memory card
Wholesale services in connection with the sale of eyewear and related accessories, bags, clothing, sportswear, leisurewear, footwear, headwear, game and sporting goods and equipment, fitness equipment, jewellery and watches.