The trademark application HYDRO FLASK was filed by Helen of Troy Limited, a corporation established under the laws of Barbados (the "Applicant"). Application refused.
The application was filed in English (French was selected as the second language).
The Appeal with reference B R1069/2017-4 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on October 22, 2017 by the EUIPO. The Refusal with reference B 015777733 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 19, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal bottle caps
Metal lids
Metal lids for flasks, metal lids for drinking flasks, metal lids for bottles sold empty, metal lids for flasks for food, metal lids for growlers, and metal lids for insulated, vacuum, and insulated vacuum flasks, metal lids for drinking flasks, metal lids for bottles sold empty, metal lids for flasks for food and growlers.
The mark was filed in class 20 with following description of goods:
Non-metal bottle caps
Plastic lids
Plastic lids for flasks, plastic lids for drinking flasks, plastic lids for bottles sold empty, plastic lids for flasks for food, plastic lids for growlers, plastic lids for insulated, vacuum, and insulated vacuum flasks, plastic lids for drinking flasks, plastic lids for bottles sold empty, plastic lids for flasks for food and growlers.
The mark was filed in class 21 with following description of goods:
Flasks, drinking flasks, bottles sold empty, flasks for food, and growlers
Insulated, vacuum, and insulated vacuum flasks
Insulated, vacuum, and insulated vacuum drinking flasks
Insulated, vacuum, and insulated vacuum bottles sold empty
Insulated, vacuum, and insulated vacuum flasks for food
Insulated, vacuum, and insulated vacuum growlers
Reusable stainless steel flasks, drinking flasks, bottles sold empty, flasks for food, and growlers
Insulated containers for food or beverages for domestic use, namely, flasks for food
Thermal insulated bottles, flasks, growlers and flasks for food
Hydration systems comprised of a drinking reservoir, a drinking tube, a mouthpiece
Drinking reservoirs for hydration systems comprised of a drinking reservoir, a drinking tube, and a mouthpiece
And mouthpieces and connectors for hydration systems comprised of a drinking reservoir, a drinking tube, and a mouthpiece
Drinking flasks for travellers
Drinking vessels
Bottles having mouthpieces sold empty
Coffee and tea mugs
Insulated mugs for beverages
Travel mugs
Vacuum mugs
Beer and pint drinking glasses
Insulated, vacuum, and insulated vacuum beer and pint drinking glasses
Reusable stainless steel beer and pint drinking glasses
And thermal insulated beer and pint drinking glasses.
The mark was filed in class 35 with following description of goods:
Online retail store services and retail store services in relation to metal bottle caps, metal lids, metal lids for flasks, drinking flasks, bottles sold empty, food flasks, and for insulated, vacuum, and insulated vacuum flasks, drinking flasks, bottles sold empty, food flasks and growlers
Online retail store services and retail store services in relation to non-metal bottle caps, plastic lids, and plastic lids for flasks, drinking flasks, bottles sold empty, flasks for food, and growlers, and for insulated, vacuum, and insulated vacuum flasks, drinking flasks, bottles sold empty, food flasks and growlers
Online retail store services and retail store services in relation to flasks, drinking flasks, bottles sold empty, flasks for food, and growlers
Online retail store services and retail store services in relation to insulated, vacuum, and insulated vacuum flasks, featuring insulated, vacuum, and insulated vacuum drinking flasks, featuring insulated, vacuum, and insulated vacuum bottles sold empty, featuring insulated, vacuum, and insulated vacuum flasks for food, and featuring insulated, vacuum, and insulated vacuum growlers
Online retail store services and retail store services in relation to reusable stainless steel flasks, drinking flasks, bottles sold empty, flasks for food, and growlers, featuring flasks for food for domestic use, thermal insulated bottles, flasks, growlers and flasks for food
Online retail store services and retail store services in relation to flasks for food, ice cube trays, portable coolers, non-electric portable coolers, portable beverage coolers, coolers for beverages, plastic bladder sold empty for holding liquid, hydration systems comprised of a drinking reservoir, a drinking tube, a mouthpiece, drinking reservoirs for hydration systems comprised of a drinking reservoir, a drinking tube, and a mouthpiece, and mouthpieces and connectors for hydration systems comprised of a drinking reservoir, a drinking tube, and a mouthpiece, drinking flasks for travellers, drinking vessels, bottles having mouthpieces, coffee and tea mugs, insulated mugs for beverages, travel mugs, vacuum mugs, beer and pint drinking glasses, insulated, vacuum, and insulated vacuum beer and pint drinking glasses, reusable stainless steel beer and pint drinking glasses, and thermal insulated beer and pint drinking glasses.