004702791

Lekkerland

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October 23, 2005

Trademark Summary

The trademark Lekkerland was filed by Lekkerland Europa Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 13, 2006, and received one opposition filed on October 10, 2006 by LEKKERLAND ESPAÑA, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 2006

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The renewal of the trademark was recorded by the office on October 13, 2015.

Change of name and professional address of the trademark registration was recorded on January 9, 2010. Change of name and professional address of the trademark registration was recorded on March 16, 2014. Appointment and Replacement of representative of the trademark registration was recorded on November 6, 2017. Declaration under Art.28(8) EUTMR of the trademark registration was recorded on June 12, 2018. Appointment and Replacement of representative of the trademark registration was recorded on September 26, 2018.

The Opposition with reference B 001063728 was rejected according to Rule 22(2) CTMIR with decision issued on October 28, 2012 by the EUIPO.

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Goods And Services

• The mark was filed in class 3 with following description of goods:
  
  1. Bleaching preparations and other substances for laundry use
  2. Cleaning, polishing, scouring and abrasive preparations
  3. Soaps
  4. Perfumery, essential oils, cosmetics, hair lotions
  5. Dentifrices
  6. Antiperspirants [toiletries]
  7. Breath freshening sprays
  8. Shampoos.
• The mark was filed in class 9 with following description of goods:
  
  1. Apparatus for recording, transmission or reproduction of sound or images
  2. Magnetic data carriers
  3. Gramophone records
  4. Compact discs (audio-video)
  5. Video cassettes
  6. Digital video discs
  7. Data-processing equipment and computers
  8. Computer accessories (hardware)
  9. Telephone cards
  10. Magnetic cards
  11. Chip cards
  12. Smart cards
  13. Computer software, recorded on data carriers of all kinds
  14. Automatic vending machines and mechanisms for coin-operated apparatus.
• The mark was filed in class 16 with following description of goods:
  
  1. Paper, cardboard and goods made from these materials (included in class 16)
  2. Printed matter, in particular magazines (periodicals), newspapers, newspaper inserts, newsletters, books, pamphlets, flyers, consumer information
  3. Bookbinding material
  4. Photographs
  5. Calendars, included in class 16
  6. Trading cards, transfers (decalcomanias), posters, files
  7. Stationery
  8. Adhesives for stationery or household purposes
  9. Artists' materials
  10. Paint brushes
  11. Typewriters and office requisites (except furniture)
  12. Plastic materials for packaging (included in class 16).
• The mark was filed in class 21 with following description of goods:
  
  1. Household or kitchen utensils and containers of plastic, and fittings therefor, included in class 21
  2. Combs and sponges
  3. Brushes (except paint brushes)
  4. Articles for cleaning purposes, for household or industrial purposes, in particular wiping cloths, cleaning cloths and rags, household cloths
  5. Glassware, porcelain and earthenware (included in class 21).
• The mark was filed in class 28 with following description of goods:
  
  1. Games and playthings
  2. Game cards
  3. Gymnastic and sporting articles (included in class 28)
  4. Fishing tackle and fittings therefor, namely fishing lines, fish-hooks, bait for fish, fishing poles, fishing reels, rod rests, fishing stands
  5. Ornaments for Christmas trees (except illumination articles and confectionery).
• The mark was filed in class 29 with following description of goods:
  
  1. Meat, fish, poultry and game
  2. Meat extracts
  3. Fresh or prepared meat products
  4. Fresh or preserved or cooked prepared meals mainly made from meat, fish, poultry, eggs, prepared vegetables or fruit, or potato products, cucumber salads, tomato salads, poultry salads, crab salads, fruit salads, vegetable salads, meat salads, fish salads, potato salads, egg salads
  5. Soups, preparations for making soup, instant soups, soup stocks
  6. Potato products, namely potato dumplings, chips, baked potatoes, prepared potatoes, croquettes, mashed potato, potato crisps and potato sticks, potato pancakes, fried potato cakes (rösti), gnocchi, fried potatoes
  7. Cheeseburgers, hamburgers, hot dogs, prepared or semi-prepared meals of meat, fish, vegetables, game or cheese combined with bread or bread rolls
  8. Prepared pulses, sauerkraut
  9. Prepared soups, prepared meals, all consisting of meat and/or meat products and/or fish and/or fish products and/or vegetables and/or potatoes and/or prepared fruit and/or poultry and/or game
  10. The aforesaid goods also frozen
  11. Meat preserves
  12. Salted meats
  13. Charcuterie
  14. Pâté (liver)
  15. Fish preserves
  16. Preserved, dried and cooked fruits and vegetables
  17. Substitute meat, sausages and cutlets made mainly from soya
  18. Raisins, hazelnut, peanut, cashew and pistachio nut kernels, and almonds, dried, roasted, salted and/or spiced
  19. Dried fruit
  20. Fruit pulp
  21. Preparations made from fruits, mainly in the form of chips, bars or slabs
  22. Spreads made mainly from vegetables, fruit, herbs, grains, flower pollen and/or spices, included in class 29
  23. Jellies, fruit jellies
  24. Jams, marmalade, fruit sauces
  25. Eggs
  26. Millk and milk products, namely powdered milk for food, drinking milk, sour milk, buttermilk, yoghurt, fruit yoghurt, yoghurt with chocolate or cocoa additives, non-alcoholic mixed milk drinks (milk predominating), kefir, cream, cream and sour cream, quark, fruit and herb quark desserts
  27. Desserts, mainly of milk and flavourings with gelatine and/or starch being binding agents and/or of yoghurt, quark or cream
  28. Butter, clarified butter
  29. Cheese, cheese preparations, fresh cheese
  30. Edible oils and fats
  31. Margarine
  32. Fat-containing mixtures for bread slices
  33. Sweets and desserts, namely red fruit jelly and jelly.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa, sugar, confectionery, in particular sweets, lozenges (confectionery), caramels, chewing gum (not for medical purposes), liquorice (confectionery), chocolate, pralines, including the aforesaid goods with a wine or spirit filling
  2. Chocolate goods, sugar, rice, tapioca, sago, artificial coffee
  3. Flour and preparations made from cereals (except animal feed)
  4. Cereals, corn flakes, muesli
  5. Bread, pastry and confectionery, biscuits, cakes, rusks, long-life cakes and pastries
  6. Snacks
  7. Ready-to-eat baked or dried, half-set products in small pieces, made from wheat, rice or corn products
  8. All the aforesaid goods also being extruded or coextruded and pressed products, including in bar form
  9. Snacks made from extruded wheat, rice and corn products
  10. Corn chips
  11. Popcorn
  12. Popcorn
  13. Frozen pasta and bakery goods, flour and preparations made from cereals, fresh or dried, in particular frozen bread, bread rolls, baguettes, pastry and confectionery, including primary and intermediate products and semi-prepared products, including bread rolls, bread dough, flaky pastry
  14. Frozen prepared meals of rice and/or pasta, namely pizzas, pizza and pasta pockets, pizza sections, pizza baguettes, meat pies and pies
  15. Sandwiches
  16. Sandwiches containing meat products, eggs or cheese products
  17. Ices, ice-cream, powders for ices, ice-cream confectionery
  18. Honey, treacle
  19. Yeast, baking-powder
  20. Salt, mustard
  21. Vinegar, sauces (condiments), spices and spice preparations for food
  22. Pepper
  23. Pasta salads
  24. Ice
  25. Sweets and desserts, namely chocolate mousse, puddings, jam-filled pancakes
  26. Spreads mainly made from spices.
• The mark was filed in class 31 with following description of goods:
  
  1. Agricultural, horticultural and forestry products as well as grains (as far as contained in class 31)
  2. Dried flower arrangements
  3. Fresh fruits and vegetables
  4. Nuts
  5. Seeds, natural plants and flowers, in particular cut flowers.
• The mark was filed in class 32 with following description of goods:
  
  1. Beers, including low-alcohol and non-alcoholic beers, beer-type drinks, including low-alcohol and non-alcoholic beer-type drinks, including malt drinks
  2. Mixed drinks containing beer
  3. Mineral and aerated waters and other non-alcoholic drinks, in particular lemonades and cola drinks
  4. Isotonic beverages
  5. Non-alcoholic mixed drinks
  6. Fruit drinks and fruit juices
  7. Non-alcoholic fruit must and fruit must extracts
  8. Dietetic fruit nectars and fruit juice beverages, included in class 32
  9. Vegetable juices for cooking and vegetable drinks
  10. Syrups, concentrates and other preparations for making alcoholic and non-alcoholic drinks
  11. Effervescent powders and tablets for drinks.
• The mark was filed in class 33 with following description of goods:
  
  1. Alcoholic beverages (except beers)
  2. Alcoholic fruit drinks, alcoholic apéritifs, alcoholic cocktails
  3. Liqueurs, spirits, wine, cider, sparkling wine, wine-type beverages, beverages containing wine, alcoholic mixed drinks with a base of spirits or wine
  4. Sparkling wine, brandy, mead, rice wine, bitters, distilled beverages, brandy, kirsch, whisky, vodka, gin.
• The mark was filed in class 34 with following description of goods:
  
  1. Processed tobacco and tobacco products, in particular cigarettes, cigars, cigarillos, fine cut tobacco, pipe tobacco, chewing tobacco, snuff, cigarettes containing tobacco substitutes, not for medical purposes
  2. Smokers' articles, smokers' utensils and smokers' accessories, included in class 34 (not of precious metal or coated therewith), in particular tobacco tins, cigarette cases, ashtrays, snuff pouches, snuff boxes, cigarette holders, cigarette filters, pipe-cleaners, cigarette papers, cigarette tubing
  3. Pipes, pipe filters, cleaners, racks, stands, trays, stems and cleaning tools
  4. Pocket apparatus for rolling cigarettes
  5. Humidors
  6. Pouches for smokers adapted for smokers' utensils
  7. Matches
  8. Lighters, including fittings, namely gas cartridges, lighter flints and firestones.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising, marketing, market research and sales promotion
  2. Arranging of advertising services
  3. Business management services
  4. Business administration
  5. Business management and organisation consultancy, in particular for kiosks, service station shops, convenience stores and supermarkets
  6. Personnel consultancy
  7. Rental of advertising space
  8. Office functions
  9. Organization and operating of promotions events
  10. Organisation of exhibitions and trade fairs for commercial or advertising purposes
  11. Distribution of goods (in particular flyers, prospectuses, printed matter and samples)
  12. Invoicing, in particular invoicing for goods
  13. All the aforesaid services also provided as a franchisor
  14. Wholesaling and retailing of foodstuffs, convenience products in the food sector, beverages, food, drink and tobacco (in particular tobacco products and spirits), household goods, sanitary products, newspapers, periodicals, electronic equipment and fittings therefor, and telecommunications products
  15. Promoting the sale of goods and services of others by providing discounts, incentives, sweepstakes, rebates, value-added offers and coupons
  16. Economic forecasting
  17. Import-export agencies
  18. Marketing studies
  19. Market research
  20. Organization of exhibitions for commercial or advertising purposes
  21. Procurement services for others [purchasing goods and services for other businesses]
  22. Shop window dressing.
• The mark was filed in class 36 with following description of goods:
  
  1. Financial affairs
  2. Financial services, in particular conducting payment transactions, factoring, providing financial know-how, issuing of customer cards, including for payment purposes
  3. Brokering credit agreements
  4. Insurance brokerage, for others
  5. Monetary affairs
  6. Invoice settlement, debt collection agencies
  7. Real estate affairs
  8. Renting of commercial premises
  9. Real-estate and housing management.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunications
  2. Providing access to information on the Internet
  3. Providing telecommunications channels for teleshopping services
  4. Operating a teleshopping channel (broadcasting)
  5. Providing multimedia marketing, sales and distribution services (included in class 38), in particular broadcasting of teleshopping programmes
  6. Arranging telecommunications services
  7. Rental of message sending apparatus
  8. Sending apparatus (Rental of message-)
  9. Rental of telecommunication equipment
  10. Information about telecommunication.
• The mark was filed in class 39 with following description of goods:
  
  1. Transport
  2. Logistics services in the transport and storage sector
  3. Transport
  4. Packaging and storage of goods
  5. Transport and storage of waste and recycling materials.
• The mark was filed in class 40 with Treatment of materials and recycling of waste and rubbish..
• The mark was filed in class 41 with following description of goods:
  
  1. Arranging and conducting of seminars, conferences, training courses and further education
  2. Personnel, team and organisational development through training and further training
  3. Providing of training
  4. Publication of printed matter in electronic format, including on the Internet
  5. Online publishing of electronic books and periodicals.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific and technological services and research and design relating thereto
  2. Industrial analysis and research services
  3. Design and development of computer hardware and software
  4. Legal services
  5. Consultancy with regard to the design of homepages and Internet pages
  6. Quality control
  7. Providing legal know-how (franchising) and technical know-how (franchising)
  8. Licensing of industrial property
  9. Computer rental
  10. Rental of computer software.
• The mark was filed in class 43 with following description of goods:
  
  1. Services for providing food and drink, temporary accommodation, in particular restaurants, fast-food restaurants, self-service restaurants or snack bars
  2. Rental of chairs, tables, table linen, glassware
  3. Reservations (Temporary accommodation-)
  4. Rental oftransportable buildings.