The trademark MISTER TONER was filed by SOCIÉTÉ QUALIS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 25, 2001, and received one opposition filed on May 20, 2001 by THONET GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 20, 2001
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 15, 2007.
The application claimed as seniority of the French Republic trademark null registered on January 20, 2000 and filed on August 1, 1999 which was accepted by the office.
Goods And Services
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Metals in foil and powder form for painters, decorators, printers and artists
Toner, ink.
The mark was filed in class 9 with following description of goods:
Scientific, photographic, cinematographic, optical and teaching apparatus and instruments
Apparatus and instruments for the supply, distribution, transformation, accumulation, regulation or control of electric current
Apparatus for recording, transmission or reproduction of sound or images, magnetic or digital data carriers, magnetic tapes, discs and wires, optical discs
Semi-conductors with integrated circuits and components of integrated circuits
Automatic vending machines and mechanisms for coin-operated apparatus, cash registers
Calculating machines
Data processing equipment and software, computers and computer peripheral devices
Magnetic or digital diskettes, tapes, compact discs and all other magnetic or digital media, computer cables, magnetic cards, computer memories
All computer peripheral device components
Computer software except calculating and database programs, operating systems and data processing systems
Facsimile machines, scanners, printers, digital plotters, computerised drafting machines
Photocopying apparatus and machines
Projection apparatus, projection screens.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter
Bookbinding material, photographs, stationery, reprographic and printed matter, adhesives for stationery or household purposes
Typewriters
Office requisites except furniture
Teaching and instructional material (except apparatus)
Paper and other media for printers, photocopiers and facsimile machines
Plastic materials for packaging in the form of bags, sachets, pouches, envelopes, films and sheets
Playing cards
Printers' type
Printing blocks.
The mark was filed in class 35 with following description of goods:
Advertising, business management
Office functions
Distribution of leaflets and samples
Newspaper subscription services for others
Business consultancy, information or enquiries
Accounting
Document reproduction
Employment agencies
Computerized file management
Data entry and data processing
Consultancy in computer management
Advertising and commercial information via the Internet
Organisation of exhibitions for commercial or advertising purposes, communication
Office machines and equipment rental (except computers).
The mark was filed in class 38 with following description of goods:
Telecommunications
News and information agencies
Communication by computer terminals
Radio broadcasting, communications by telephone
Transmission of information by teleprinters, by data transmission
Message sending, data transmission
Telecommunications, data transmission and computer networks
Telecommunications and electronic mail using the Internet
Transmission of commercial and advertising information via the Internet
Transmission of information by electronic catalogues on the Internet.
The mark was filed in class 42 with following description of goods:
Computer programming, programming of software for communications between computers, of computer databases
Computer software design, up-dating, rental, maintenance of computer software
Consultancy in the field of computer hardware, technical consultancy in relation to computers
Leasing access time to a computer database and services relating to data processing and exchange of data
Design of Internet sites, hosting of Internet sites, installation of Internet sites.