The trademark Topobaby was filed by Ernsting's family GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 18, 2018, and received one opposition filed on December 6, 2018 by FICOSOTA OOD on Likelihood of confusion. the opponent was represented by Pakidanska, Ivanka and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2018
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 003070540 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Laundry bleach
Laundry preparations
Scouring substances
Buffing compounds
Abrasives
Furbishing preparations
Soap
Perfumery
Ethereal oils
Cosmetics
Hair lotions
Dentifrices.
The mark was filed in class 9 with following description of goods:
Sunglasses
Spectacles
Spectacle cases
Photographic apparatus and instruments
Cinematographic machines and apparatus
Optical apparatus and instruments
Weighing apparatus and instruments
Nautical apparatus and instruments
Surveying apparatus and instruments
Measuring apparatus and instruments
Checking (supervision) apparatus and instruments
Signalling apparatus and instruments
Life-saving apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Sound transmitting apparatus
Apparatus for the transmission of images
Apparatus for the reproduction of images
Sound reproduction apparatus
Apparatus for recording images
Sound recording apparatus
Magnetic data carriers, recording discs
Coin-operated mechanisms
Cash registers
Calculators
Data processing apparatus
Computers
Fire extinguishers.
The mark was filed in class 14 with following description of goods:
Gemstones, pearls and precious metals, and imitations thereof
Cabochons
Jewellery made of precious metals
Time instruments
Paste jewellery
Jewellery boxes
Jewel cases
Jewel chains
Ornamental pins
Jewellery, clocks and watches
Ornamental lapel pins.
The mark was filed in class 16 with following description of goods:
Paper
Millboard
Printed matter
Bookbinding material
Photographs [printed]
Cases for stationery
Paper stationery
Gums [adhesives] for stationery or household purposes
Artists' materials
Paintbrushes
Typewriters, electric or non-electric
Office requisites, except furniture
Teaching materials [except apparatus]
Plastic materials for packaging
Type [numerals and letters]
Printing blocks.
The mark was filed in class 18 with following description of goods:
Worked or semi-worked hides and other leather
Harness fittings
Chamois leather, other than for cleaning purposes
Kid
Document cases of leather
Boxes of leather or leatherboard
Labels of leather
Casings, of leather, for springs
Leather luggage straps
Imitation leather hat boxes
Card holders made of leather
Card holders made of imitation leather
Chin straps, of leather
Faux fur
Cases of leather or leatherboard
Leather cloth
Reins for guiding children
Leather for furniture
Leather for shoes
Leather and imitations of leather
Boxes made of leather
Leather twist
Girths of leather
Imitation leather
Studs of leather
Leatherboard
Leather straps
Leather laces
Valves of leather
Toiletry bags sold empty
Moleskin [imitation of leather]
Trimmings of leather for furniture
Furniture coverings of leather
Polyurethane leather
Straps made of imitation leather
Leather, unworked or semi-worked
Butts [parts of hides]
Straps for skates
Shoulder belts
Shoulder belts [straps] of leather
Shoulder straps
Industrial packaging containers of leather
Animal skins
Fur
Trunks and suitcases
Umbrellas and parasols
Walking sticks
Whips
Harnesses
Saddlery.
The mark was filed in class 24 with following description of goods:
Textile goods, and substitutes for textile goods
Textile material
Vinyl cloth
Woven furnishing fabrics
Curtain fabric
Ready made curtains
Curtains made of textile fabrics
Linens.
The mark was filed in class 25 with following description of goods:
Footwear
Clothing
Headgear.
The mark was filed in class 26 with following description of goods:
Hair ornaments in the nature of hair wraps
Hair ornaments in the form of combs
Hair ornaments, hair rollers, hair fastening articles, and false hair
Shoe laces
Shoe fasteners
Shoe buckles.
The mark was filed in class 28 with following description of goods:
Games
Children's playthings
Sketching toys
Stacking toys
Gymnastic and sporting articles
Decorations for Christmas trees
Novelty toys for playing jokes.
The mark was filed in class 35 with following description of goods: