The trademark DEVIL BAG was filed by Sebastian Otto, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 18, 2017, and received one opposition filed on September 20, 2017 by Tomil s.r.o. on Likelihood of confusion. the opponent was represented by Rott, Růžička & Guttmann s.r.o. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2017
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 002961285 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 22, 2018 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark null and filed on August 18, 2005 which was accepted by the office.
Goods And Services
The mark was filed in class 18 with following description of goods:
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols, and walking sticks
Whips, harness and saddlery
Backpacks.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other preparations for making beverages
Aperitifs, non-alcoholic
Powders for effervescing beverages
Pastilles for effervescing beverages
Cocktails, non-alcoholic
Essences for making beverages
Non-alcoholic fruit extracts
Non-alcoholic fruit drinks
Juices
Non-alcoholic beverages
Isotonic drinks
Energy drinks
Liqueurs (Preparations for making -).
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beers)
Anise [liqueur]
Aperitifs
Arak [arrack]
Schnapps
Cocktails
Alcoholic essences
Alcoholic fruit extracts
Alcoholic extracts
Gin
Liqueurs
Bitters
Rum
Brandy
Spirits [beverages]
Digesters [liqueurs and spirits]
Whisky
Vodka.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions, Advertising
Business management
Business administration
Office functions
Updating of advertising material, Dissemination of advertising matter, including on the internet
Presentation of goods on any communication media, for retail purposes
Public relations
Cost price analysis
Systemization of information into computer databases
Operation of a call centre in the form of order acceptance and placement
Wholesaling and retailing, including online, including online, in relation to bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, paper, cardboard, printed matter, photographs, stationery, office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging, not included in other classes, animal skins and hides, umbrellas, parasols and walking sticks, whips, harness and saddlery, clothing, footwear, headgear, beers, mineral and aerated waters and other non- alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers).