The trademark beluga was filed by John GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 17, 2016, and received one opposition filed on October 10, 2016 by Scillard Investments Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 2016
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on May 14, 2019.
Goods And Services
The mark was filed in class 16 with following description of goods:
Bags, pouches and goods of paper, cardboard or plastic for packaging, wrapping and storage, namely for games, toys, playthings and novelties
Printed matter, namely for games, toys, playthings and novelties
Cardboard packaging, namely for games, toys, playthings and novelties
Cardboard boxes, namely for games, toys, playthings and novelties
Boxes of paper or cardboard, namely for games, toys, playthings and novelties
Carrier bags, namely for games, toys, playthings and novelties
Instruction sheets for toys, namely for games, toys, playthings and novelties
Manuals (handbooks), namely for games, toys, playthings and novelties
Prospectuses, namely for games, toys, playthings and novelties
Advertising posters
Namely for games, toys, playthings and novelties
Catalogues, namely for games, toys, playthings and novelties
Catalogues for games and toys, namely for games, toys, playthings and novelties
Catalogues for playthings, namely for games, toys, playthings and novelties
Collapsible boxes of cardboard, namely for games, toys, playthings and novelties
Airtight packaging of cardboard and paper, namely for games, toys, playthings and novelties
Plastic materials for packaging, namely for games, toys, playthings and novelties
Paper for wrapping and packaging, namely for games, toys, playthings and novelties
Paper cartons for delivering goods, namely for games, toys, playthings and novelties
Cardboard containers for packaging, namely for games, toys, playthings and novelties
Cartons for packaging, namely for games, toys, playthings and novelties
Cartons of cardboard for packaging, namely for games, toys, playthings and novelties
Plastic bags for packaging, namely for games, toys, playthings and novelties
Plastic films for packaging, namely for games, toys, playthings and novelties
Printed packaging materials for packaging purposes, namely for games, toys, playthings and novelties.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings for children, In particular sets of children's chairs, children's deckchairs, Babies' chairs, Children's tables
Chests for toys
Chests for toys
Toyboxes.
The mark was filed in class 28 with following description of goods:
Toys, games, playthings and novelties
Inflatable swimming pools [play articles]
Inflatable bath toys
Inflatable pool toys
Children's riding vehicles [playthings]
Teddy bears
Infants' swings
Bathtub toys
Bathtub toys
Balls for games
Construction toys
Blocks (Building -) [toys]
Building games
Bocce balls
Board games
Kites
Toy hand tools
Hand puppets
Skill and action games
Imitation toiletry articles being toys
Imitation toilet preparations being toys
Imitation cosmetic preparations being toys
Skipping ropes
Wooden toys
Toy cookware
Climbing frames (play things)
Climbing slides being play apparatus for children
Toys for use in perambulators
Infants' swings
Indoor play apparatus for children
Play shops
Toy building blocks capable of interconnection
Scale model kits [toys]
Paddling pools
Plush toys
Dolls
Dolls' beds
Doll houses
Doll house furniture
Carriages for dolls
Dolls' clothes
Doll rooms
Carriages for dolls
Doll accessories
Puzzles
Jigsaw puzzles
Cube puzzles
Ring games
Ring games
Rocking horses
Swings [playthings]
Chess games
Toys for sandpits
Shoes for dolls
Wooden toy building blocks
Infants' swing seats
Playing balls
Play money
Toy household apparatus
Toy tableware
Toy bakeware
Toys made of wood
Toy musical instruments
Toy tea sets
Toy supermarket checkout apparatus
Toy sporting apparatus
Toy vanity cases
Sets of toy building blocks
Bouncing toys
Rocking toys
Toy tools
Toy figurines
Toy furniture
Toy animals
Teddy bears
Toy animals
Fabric toys
Skipping ropes
Sports games
Beach balls
Ring games [quoits]
Dice
Water slides [play apparatus]
Water pistols [playthings]
Target games
Stacking games
Chalk boards (toys)
Construction toys
Toys for education, training and entertainment purposes
Inflatable ride-on toys
Stuffed toys
Clothing for toy figures
Dolls' clothes
Spinning tops incorporating string which rewinds and returns the top to the hand when thrown
Tricycles (toys)
Fantasy character toys
Toy whistles
Yo-yos (toys)
Children's tables with incorporated toys
Marbles for playing games
Musical toys
Toy musical boxes
Scooters [toys]
Toys for sandpits
Play mats incorporating infant toys [playthings]
Flumes
Toy cameras [not capable of taking a photograph]
Dolls' feeding bottles
Doll house furnishings
Toys in the nature of imitation foodstuffs.
The mark was filed in class 35 with Advertising, marketing and sales promotion, namely for games, toys, playthings and novelties and Retailing and wholesaling, including online, in relation to toy boxes and toy chests..