The trademark rosa o azul was filed by Babymarkt.de GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 20, 2017, and received one opposition filed on May 30, 2017 by Xiang, Jing on Likelihood of confusion. the opponent was represented by IPAMARK S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 30, 2017
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on October 29, 2018. Appointment and Replacement of representative of the trademark registration was recorded on November 14, 2018. Appointment and Replacement of representative of the trademark registration was recorded on October 20, 2019. Deletion of the representative of the trademark registration was recorded on October 20, 2019. Deletion of the representative of the trademark registration was recorded on January 20, 2020. Appointment and Replacement of representative of the trademark registration was recorded on January 26, 2020. Change of name and address of the trademark registration was recorded on October 6, 2021. Change of name and professional address of the trademark registration was recorded on November 13, 2022. Change of name and professional address of the trademark registration was recorded on November 14, 2023.
The Opposition with reference B 002903618 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 17, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Scrapbooks
Pictures
Pencils
Pads [stationery]
Booklets
Pamphlets
Books
Bookends
Bunting of paper
Flags of paper
Flyers
Plastic film for wrapping
Forms, printed
Printed coupons
Song books
Greeting cards
Manuals [handbooks]
Calendars
File cards
Cards
Card
Bibs of paper
Bookmarkers
Bubble packs (Plastic -) for wrapping or packaging
Notebooks
Stationery
Face towels of paper
Paper handtowels
Paper bags
Placards of paper
Stencils [stationery]
Boxes of cardboard or paper
Signboards of paper or cardboard
Writing instruments
Writing materials
Bags, envelopes and pouches of paper or plastics for packaging
Packaging material made of starches
Wrapping paper
Paper, cardboard (included in the class), In particular books, Tear-off calendars, Address books, Address stamps, Address lists, Advent calendars, Almanacs, Souvenir programmes, Display banners made of cardboard, Colouring books, Stickers [stationery], Stickers (stationery), Stickers [decalcomanias], Vehicle bumper stickers, Pop-up greetings cards, Announcement cards [stationery], Printed advertising boards of cardboard, Printed advertising boards of paper
Computer game instruction manuals, Computer software operating manuals, Thank you cards, Debit cards without magnetic coding, Prints, Printed matter for instructional purposes, Invitation cards, Entry tickets, Tickets, Coupon books, Computer manuals, Computer programmes in printed form, Comic books, Booklets relating to games, Blocks, Picture cards, Picture postcards, Printed invitations
Printed paper labels, Printed luggage labels, Printed horoscopes, Printed charts, Printed art reproductions, Printed paper signs, Birthday cards, Photographs [printed], Flyers, Forms, printed, Removable tattoos [decalcomania], Temporary tattoos, Journals, Printed recipe cards, Printed emblems [decalcomanias], Printed tickets, Printed promotional material
Printed magazines, geographical maps, framed posters, framed and unframed photographs, gift vouchers, gift boxes, greeting cards, graphic prints, graphic reproductions, adhesive wall decorations of paper (paper decor), gift vouchers, vouchers, calendars, wall calendars, cards, cards for wrapped gifts, catalogues, crossword puzzles (printed matter)
Paintings, Art prints, Coupons, Magazine supplements for newspapers, Trading card milk bottle caps, Occasion cards, Music books, Musical greeting cards, Paper patterns, Advertising posters, Savings stamps, Prospectuses, Price lists, Postcards and picture postcards, Poster magazines, Posters made of paper, Placards of cardboard, Posters, Photographs [printed]
Paper emblems, Newsletters, Collector's photographs of players, Collectable trading cards, Except for games, Display banners of paper, Printed publications, School photographs, Adhesive transfers, Sports trading cards, Sticker activity books, Embroidery designs [patterns], Knitting patterns, Daily planners, Trading cards, Planners [printed matter], Appointment books, Mail order catalogues, Appliques in the form of decals, Visiting cards
Magazines [periodicals], Periodicals, Advertisement boards of card, Advertisement boards of paper, Advertising signs of paper, Advertising signs of cardboard, Promotional publications, Christmas cards, Magazine covers, Newspapers, Newsprint paper
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging, included in Class 16
Printers' type
Printing blocks.
The mark was filed in class 35 with following description of goods:
Cost price analysis
Updating of advertising material
Updating and maintenance of data in computer databases
Updating and maintenance of information in registries
Business inquiries
Provision of an on-line marketplace for buyers and sellers of goods and services
Advisory services for business management
Consultancy regarding public relations communications strategy
Professional business consulting
Providing business information via a web site
Procurement services for others [purchasing goods and services for other businesses]
Computerised file management
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Commercial information and advice for consumers [consumer advice shop]
Marketing services
Marketing studies
Public relations services
On-line advertising on a computer network
Exhibitions for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Organisation of trade fairs for commercial or advertising purposes
Writing of publicity texts
Rental of advertising time on communication media
Direct mail advertising
Administration of consumer loyalty programs
Demonstration of goods
Advertising
Compilation of information into computer databases
Retailing in the field of accessories for babies and children, namely in the fields of: pharmacy articles, cosmetics, cosmetic goods, health care preparations, baby care and baby food preparations, craft supplies, batteries, electronic toys, compact disc players, MP3 players, tablets, electronic clocks and watches, headphones, electronic cradles for infants, electronic bassinets, cameras (photography), gaming computers, educational computers, gaming consoles, electric articles in the field of care and nutrition, in particular vaporisers, sterilisers, breast pumps, food steamers, baby food warmers, bottle warmers, nasal aspirators, electronic security systems for child protection, baby monitors, electric pocket torches, air humidifiers, night lights, data carriers, vehicles and vehicle accessories, car and bicycle seats, pushchairs with accessories, baby carriers, clocks, watches and jewellery, musical instruments, printed matter, books, stationery, furnishings and decorations, furniture, children's furniture, clothing, footwear and textile goods, toys, dolls, sporting goods, clothing for children, footwear for children, baby monitors, playpens, safety gates, cradles for infants, tableware, layettes (clothing), sleeping bags, diapers, tableware, bed linen, sanitary rubber goods, in particular dummies (teats), food for babies, household goods, namely cutlery, forks and spoons, adhesives for stationery or household purposes, table covers of paper, tablemats of paper, plastic tins and containers, tablemats of plastic, trays of wood and plastic, household or kitchen utensils and containers, combs and sponges, brushes (except paintbrushes), brush-making materials, articles for cleaning purposes, steel wool, unworked or semi-worked glass, except building glass, glassware, porcelain and earthenware, tablemats of textile, hobby requisites, namely paints, varnishes and lacquers, colorants, metals in foil and powder form, common metals and their alloys, non-electronic cables and wires of common metal, ores, precious metals and their alloys, precious stones, musical instruments, photographs, paper and cardboard, rubber, gutta-percha, gum, mica, leather and imitations of leather, skins and hides, wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, tortoiseshell, yellow amber, mother-of-pearl, meerschaum, plastic, brushes, glassware, goods of porcelain or earthenware, yarns and threads, for textile use, textiles and textile goods, lace and embroidery, ribbons, buttons, hooks and eyes, pins and needles, games and playthings, gymnastic and sporting articles, all of the aforesaid services including online.
The mark was filed in class 39 with following description of goods:
Parcel delivery
Delivery of goods
Freighting
Freight forwarding
Carting
Storage of goods
Wrapping of goods
Cargo unloading services
Franking of mail
Courier services [messages or merchandise]
Storage
Physical storage of electronically-stored data or documents