The trademark HERMÈS was filed by HERMES INTERNATIONAL, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 20, 2019, and received one opposition filed on November 20, 2019 by Hermes Europe GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2019
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 26, 2019. Appointment and Replacement of representative of the trademark registration was recorded on September 12, 2021. Divisions of EUTM registrations of the trademark registration was recorded on September 21, 2021.
The application claimed as seniority of the Federal Republic of Germany trademark 196756 registered on February 8, 1937 and filed on February 8, 1937 which was accepted by the office.
Goods And Services
The mark was filed in class 37 with following description of goods:
Maintenance and repair of hand tools and implements, hand-operated, scientific, nautical, surveying, optical, photographic, cinematographic, weighing, measuring, navigation, signalling, checking (inspection), life-saving and teaching apparatus and instruments, apparatus for recording, transmitting or reproducing sound or images, lighting apparatus, vehicles and vehicle fittings, jewellery, horological and chronometric instruments, watches, key-rings, keys, musical boxes and musical instruments, stationery, writing and drawing instruments, bags, luggage, small leather goods, saddlery, umbrellas, parasols, walking sticks, furniture and pieces of furniture, household, kitchen, table and toiletry utensils and containers, upholstery fabrics and textiles, clothing, footwear, headwear and hosiery, fashion accessories, mats, games, toys and playthings, sporting articles and smokers' articles
Installation and repair of smart hand tools and implements, hand-operated, smart scientific, nautical, surveying, optical, photographic, cinematographic, weighing, measuring, navigation, signalling, checking (inspection), life-saving and teaching apparatus and instruments, smart lighting apparatus, smart vehicle fittings and vehicles, smart jewellery (namely smart rings, smart bracelets, smart necklaces, smart pendants and smart earrings), smart horological and chronometric instruments, smart watches, smart key-rings, smart keys, smart musical boxes and musical instruments, smart stationery, smart writing and drawing instruments (in particular smart pens), smart bags, luggage and small leather goods, namely pocket wallets, purses, card cases (leatherware), banknote holders, document holders, briefcases, key cases (leatherware), tags for luggage, namely pocket wallets, purses, card cases (leatherware), banknote holders, document holders, briefcases, key cases (leatherware), luggage tags and saddlery, being smart, (in particular smart riding saddles), smart umbrellas, smart parasols, smart walking sticks, smart furniture and pieces of furniture, smart household, kitchen, table and toiletry utensils and containers, smart fabrics and textiles, smart clothing, smart footwear, smart headwear and hosiery, smart fashion accessories, smart mats, smart games, toys and playthings, smart sporting articles, smart smokers' articles
Sleeving services
Providing of information, consultancy and assistance relating to all the aforesaid services.
The mark was filed in class 39 with following description of goods:
Travel arrangement
Pleasure boat transport
Wrapping and packaging of goods
Gift wrapping
Rental of leatherware, namely trunks, suitcases and travelling sets (leatherware)