The trademark Bad Kitty was filed by Orion Versand GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 20, 2012, and received one opposition filed on March 20, 2013 by Monster Energy Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 20, 2013
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 November 15, 2022.
The Appeal with reference B R2576/2017-5 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on September 25, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Soaps and Perfumery, essential oils, cosmetics, in particular skin creams (cosmetic), skin care preparations (cosmetic), cosmetics, lotions for cosmetic purposes, oils for cosmetic purposes, massage oils, massage fluids and gels, the aforesaid goods not for medical purposes..
The mark was filed in class 4 with Candles for lighting.
The mark was filed in class 5 with Pharmaceutical preparations and Lubricants, lubricating creams and gels, potency-enhancing preparations for external and internal use, orgasm creams, preparations for prolonging the sexual act, the aforesaid goods being for medical purposes..
The mark was filed in class 6 with Handcuffs, Handcuffs and gags of metal, Chains of metal, Rings of metal, included in class 6.
The mark was filed in class 10 with Vibromassage apparatus, Massage apparatus, with and without motors, Massage balls, Artificial limbs, Rubber dolls being sexual aids, vacuum penis pumps, vacuum pumps (included in class 10), Medicated and Hygienic rubber goods, Condoms, Hygienic marital goods and aids of silicon and other plastics, namely love balls, Penis rings, Dildos and functioning representations of human body parts, in particular sex organs.
The mark was filed in class 14 with following description of goods:
Clamps of metal (jewellery), in particular intimate jewellery of common metal and nipple clamps
Nipple chains (jewellery), Chains (jewellery), Rings being jewelry
Intimate jewellery of precious metal
Nipple clamps, nipple chains, rings and chains for the genitals (jewellery)
Intimate jewellery of leather.
The mark was filed in class 18 with Saddlery, Whips, Spanking paddles, Riding crops, Girths, Harnesses, Bands of leather, Leather straps, Laces (Leather -), All the aforesaid goods (included in class 18).
The mark was filed in class 20 with Cushions, Pillows, Air pillows, Not for medical purposes.
The mark was filed in class 22 with following description of goods:
Wrapping or binding bands, not of metal
Ropes, not of metal
Whipcord, Ropes, Belts, included in class 22.
The mark was filed in class 25 with Clothing, leather apparel, footwear, headgear.
The mark was filed in class 26 with Feathers (clothing accessory), Ostrich feathers (clothing accessories), Birds' feathers (clothing accessories), Ornamental feathers (hair ornaments).
The mark was filed in class 28 with following description of goods:
Sex toys and Toys of an adult nature, Games, namely, Toys and accessories for the aforesaid goods (included in class 28), Parlor games, Playing cards, Playing cards, Dice, Cups for dice, Novelties for parties, dances [party favors, favours], Dolls for erotic and sexual games
Masks and Eye masks, In class 28
Erotic sports equipment, In class 28, In particular love swings.