The trademark application Birko was filed by Birkenstock IP GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 24, 2011, and it was registered by office on August 31, 2011 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2011.The first Cancellation was filed by Berkemann GmbH & Co. KG (represented by ZENZ PATENTANWÄLTE PARTNERSCHAFT MBB) on March 6, 2024 and Final decision on costs – Request withdrawn.
The renewal of the trademark was recorded by the office on April 19, 2021.
Change of name and professional address of the trademark registration was recorded on April 23, 2012. Appointment and Replacement of representative of the trademark registration was recorded on January 18, 2015. A transfer of the trademark registration was recorded on January 22, 2015. Relative errors of the trademark registration was recorded on July 13, 2015. A transfer of the trademark registration was recorded on August 8, 2021. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 23, 2022. Deletion of the representative of the trademark registration was recorded on July 19, 2022. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on March 11, 2024.
The application claimed as seniority of the Federal Republic of Germany trademark 875916 registered on January 29, 1985 and filed on December 14, 1984 which was accepted by the office.
Goods And Services
The mark was filed in class 10 with Orthopaedic footwear, including orthopaedic footwear for rehabilitation, foot physiotherapy, therapy and other medical purposes, and parts therefor, orthopaedic foot and shoe inserts, including for sports shoes, in particular for ski shoes, for jogging shoes, for tennis shoes, for climbing shoes and for walking shoes, including orthopaedic shoes, including orthopaedic shoes with footbeds or with orthopaedic foot supports and shoe inserts, including orthopaedic foot supports and shoe inserts and parts therefor, shoe components and shoe fittings for orthopaedic shoe adaptation, in particular fittings, wedges, pads, inner soles, foam padding, foam pads and Moulded shoe soles in the form of fully plastic inserts with orthopaedic footbeds of natural cork, thermal cork, plastic, latex or foamed plastic materials, including being elastic compounds of cork-latex or plastic-cork mixtures..
The mark was filed in class 25 with following description of goods:
Clothing, headgear, footwear, including comfort footwear and footwear for work, leisure, health and sports, including shoes, sandals, boots, gymnastic sandals, flip-flops, slippers, health shoes, health sandals, health slippers and health clogs, clogs, including with footbeds and foot moulds, in particular with anatomically moulded deep footbeds, foot supports and shoe inserts, protective inserts
Parts and accessories for the aforesaid footwear, namely footwear uppers, heels, soles, insoles, inner soles, parts for shoe bottoms, heel cups, pads, including footbeds, foot supports, shoe inserts, shoe bottom systems consisting of an outer sole and a footbed, including all with anatomically moulded deep footbeds, in particular of natural cork, thermal cork, plastic, latex or foamed plastic materials, including of elastic compounds of cork-latex or plastic-cork mixtures
Shoe inserts
Tips, corners and wedges for the aforesaid soles, in particular of suede, full-grain leather, natural fibres, imitation leather, plastic or felt, including with integrated soft padding, soft pads or foam padding, covers for foot moulds, consisting of suede, full-grain leather, natural fibres, imitation leather, felt or foam padding, including the aforesaid covers with integrated soft padding or soft pads.
The mark was filed in class 35 with following description of goods:
Marketing, advertising, for others, on digital networks (webvertising), only in connection with shoes, clothing and footwear
Professional business consultancy for franchising concepts in the field of clothing, footwear and orthopaedic articles, and organisation consultancy and marketing in relation to the aforesaid goods, all with regard to professional business matters
Rental of presentation and advertising materials relating to these goods
Business consultancy, organisation consultancy, professional business consultancy
Retail services and online retail services, including by mail order, by means of teleshopping programmes or via the Internet, all exclusively in relation to footwear and parts therefor, orthopaedic articles, clothing, headgear, leather goods, trunks and travelling bags and sporting articles, pharmaceutical preparations and sanitary preparations, in particular medical foot-care and skin-care preparations
Goods and services presentations and order acceptance, delivery of orders and processing of invoices, arranging of contracts, for others, for the purchase and sale of goods, including within the framework of e-commerce or m-commerce
Order acceptance and invoice processing, including within the framework of e-commerce and m-commerce
Operating a teleshopping channel, namely arranging contracts for the buying and selling of goods
Operating a teleshopping channel, namely arranging contracts, for others, for the use of services
Call centre services, namely receiving of orders and complaints
Auctioning provided on the Internet
All the aforesaid services exclusively in relation to footwear and parts therefor, orthopaedic articles, clothing, headgear, leather goods, trunks and travelling bags and sporting articles, pharmaceutical preparations and sanitary preparations, in particular medicated foot-care and skin-care preparations.