The trademark Myster was filed by Perpetuo, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 15, 2018, and received one opposition filed on July 15, 2018 by Richter + Frenzel GmbH + Co. KG on Likelihood of confusion. the opponent was represented by SKW SCHWARZ RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 15, 2018
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 20, 2019.
The Appeal with reference B R0364/2021-5 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on December 21, 2021 by the EUIPO. The Opposition with reference B 003058807 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 16, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, other than salts
Chemicals used in horticulture
Adhesives [sizing]
Glue for industrial purposes
Prepared soils
Potting soil
Manures
Industrial chemicals for use in the manufacture of colorants.
The mark was filed in class 2 with following description of goods:
Colorants
Varnishes
Lacquers [paints]
Anti-rust preparations
Metal in foil and powder form for use in painting, decorating, printing and art
Metals in leaf form for painters, decorators, and artists
Metal in foil form for use in printing
Foils of metal for use by decorators
Foils of metal for use by painters
Leaf metals for use by artists.
The mark was filed in class 6 with following description of goods:
Metals in foil or powder form for 3D printers
Steel building materials
Building materials of metal
Metal hardware
Small items of metal hardware
Rings of metal
Preserving boxes of metal
Rivets of metal
Building and construction materials and elements of metal
Structures and transportable buildings of metal
Containers, and transportation and packaging articles, of metal
Unprocessed and semi-processed materials of metal, not specified for use
Doors, gates, windows and window coverings of metal.
The mark was filed in class 9 with following description of goods:
Electric cords
Electrical cabling
Electronic cables
USB cables
Optical devices, enhancers and correctors
Apparatus, instruments and cables for electricity
Security, safety and protective apparatus and equipment
Scientific and laboratory devices for treatment using electricity.
The mark was filed in class 17 with following description of goods:
Seals, sealants and fillers
Insulation and barrier articles and materials
Membranes and semi-processed synthetic filtering materials
Adhesive tapes, strips, bands and films
Joint covers (Non-metallic -)
Polyethylene sheets for laying on the ground to suppress weeds.
The mark was filed in class 35 with following description of goods:
Retail services in relation to gardening articles
Arranging and conducting of auctions and reverse auctions via mobile telephones
Retail services in relation to lubricants.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Rental of tools, plant and equipment for construction and demolition
Building maintenance and repair
Plumbing installation, maintenance and repair
Alarm, lock and safe installation, maintenance and repair
Lift and elevator installation, maintenance and repair
Computer hardware and telecommunication apparatus installation, maintenance and repair
Construction
Building services relating to building for industry purposes
Building inspection [in the course of building construction]
Roofing installation
Dismantling services
Ceiling installation
Drainage services
House building
Pipeline installation and repair
Ceiling lining installation
Installing fencing
On site building project management
Construction supervision of civil engineering projects
Painting and varnishing
Painting, interior and exterior
Installation of apparatus for air-conditioning
Routine servicing of air conditioning apparatus
Repair of air conditioning apparatus
Masonry
Construction project management services
Plastering contractor services
Pipe laying.
The mark was filed in class 38 with following description of goods:
Provision of central switching services for electronic communications networks
Consultancy in the field of telecommunications
Providing access to electronic communications networks and electronic databases
Interactive communication services
Communication services between data banks
Providing access to databases
Communications services for accessing a data-base
Arranging access to databases on the internet
Providing access to databases in computer networks
Providing telecommunications connections to the internet or databases.