The trademark application acquire was filed by NP Media GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 26, 2020, and it was registered by office on June 4, 2020 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2020.The first Cancellation was filed by Bomhard Intellectual Property, S.L. (represented by BOMHARD IP, S.L.) on March 27, 2023 and Final decision – EUTM fully cancelled.
A transfer of the trademark registration was recorded on August 25, 2020. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 19, 2021. Change of name and address of the trademark registration was recorded on March 31, 2022. Deletion of the representative of the trademark registration was recorded on January 11, 2023. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on March 30, 2023.
The Appeal with reference B R0143/2022-2 was Application rejected according to Article 59(1)(a) EUTMR with decision issued on October 26, 2022 by the EUIPO. The Cancellation with reference B 000047888 was Cancellation rejected according to Article 7(1)(a) EUTMR with decision issued on November 22, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data media
Phonograph records
Compact discs
DVDs
Digital recording media
Mechanisms for coin-operated apparatus
Cash registers
Calculating devices
Data processing equipment
Computers
Computer software
Fire-extinguishing apparatus
Headphones
Downloadable electronic printed publications
Computer programs and software for computers and mobile terminals, including software for computer games
Mobile apps
Application software for mobile terminals
Helmets
Identification bracelets, magnetic
Connected bracelets [measuring instruments]
Electronic tickets
Tickets in the form of magnetic cards
Electronic notice boards
Spectacles [optics]
Sunglasses
Spectacle cases
Mobile telephones and other mobile communication devices
Screensavers and wallpaper for electronic apparatus (computer software)
Rules.
The mark was filed in class 14 with following description of goods:
Gemstones, pearls and precious metals, and imitations thereof
Jewels
Ornaments [jewellery, jewelry (Am.)]
Silicone bracelets
Time instruments
Other goods of precious metal and precious stones, and imitations thereof, namely statues and figurines made from or coated with precious metals or semi-precious metals or stones or imitations thereof, ornaments, coins and tokens of value made from or coated with precious metals or semi-precious metals or stones or imitations thereof, works of art of precious metal
Key rings (trinkets or fobs)
Jewellery boxes and watch boxes
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather, pelts and hides, and goods made thereof, Namely handbags, Sport bags, Waterproof bags, Bags for wearing across the stomach, Bumbags, Sport bags, Wheeled shopping bags, Travelling bags, Wallets, change purses, Purses for attaching to belts, Tins, Shopping bags, Visiting card holders, Card cases [notecases], Boxes, Sling bags for carrying infants, Garment bags for travel, Travelling sets, trunks and cases, Rucksacks, key rings
Leather and imitation leather, pelts and hides, and goods made thereof, namely School bags, beach bags toiletry bags, Shoe bags, Gym bags, Pouches, Leather luggage tags, Bags [envelopes, pouches] of leather, for packaging, Straps for soldiers' equipment, Straps (Leather -), Leather thread, Straps (Leather -), Boxes made of leather, Studs of leather, Laces (Leather -)
Bags for umbrellas
Luggage, bags, wallets and other carriers
Trunks and travelling bags
Umbrellas
Parasols
Walking sticks
Whips
Harnesses
Saddlery
Animal coats
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Casual and sports footwear
Articles of clothing for sports and leisure wear
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 26 with following description of goods:
Accessories for apparel, sewing articles and decorative textile articles
Hair ornaments, hair rollers, hair fastening articles, and false hair
Artificial fruit, flowers and vegetables
Charms, other than for jewellery, key rings or key chains
Entomological pins and Entomological pins.
The mark was filed in class 35 with following description of goods:
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to scientific, Nautical, Surveying, photographic, Cinematographic, Optical, weighing, Measuring, signalling, Checking (supervision), Life saving and teaching apparatus and instruments, Apparatus and instruments for conducting, Switching, Transforming, Store, Regulating or controlling electricity
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Recording apparatus, Reproduction and transmission of sound and images, Magnetic data carriers, Recording discs, Compact discs, DVDs, Digital recording devices, mechanisms for coin-operated apparatus, Cash registers, Calculating machines, Data processing equipment, Computers, Computer software, Fire extinguishers, Headphones
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Downloadable electronic publications (texts), Computer programs and software for computers and mobile terminals, Including electronic games software, Mobile apps, Application software for mobile terminals, helmets, Identification bracelets, magnetic, Connected bracelets (measuring instruments)
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Computer bulletin and message boards, Spectacles, Sunglasses, Eyeglass cases, Mobile telephones and other mobile communications apparatus, Screensavers and wallpaper for electronic apparatus (computer software), Yardsticks
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Precious stones, Pearls and precious metals, and imitations thereof, Jewellery, Jewellery, Silicon wristbands, time keeping devices
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Other goods of precious metal and precious stones and imitations thereof, Namely statuettes and figurines made from or coated with precious metal or semi-precious metal or semi-precious stones or imitations thereof
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Ornaments made or coated with precious or semi-precious stones or metals or imitations thereof, Coins and Tokens of value, Works of art made of precious metals, Key rings (trinkets or fobs), Jewellery boxes and watch boxes, Parts and fittings for all the aforesaid goods
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Leather and imitations of leather, Animal skins, hides and goods made of these materials, Namely handbags, Sport bags, Waterproof bags, Bags for wearing across the stomach, Bags for wearing around the waist, Athletics bags, wheeled shopping bags, Travelling bags, Wallets, change purses, Purses for attaching to belts, Cases, Tote bags
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Leather and imitations of leather, Animal skins, hides and goods made of these materials, Namely business card cases, card cases (notecases), Boxes, Sling bags for carrying infants, Garment bags for travel, vanity cases, travelling sets, Rucksacks, Key cases, Satchels, Beach bags, Toilet bags, shoe bags, gym bags, Bags, leather luggage tags
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Leather and imitations of leather, Animal skins, hides and goods made of these materials, Namely packaging bags, Envelopes, Bags of leather, Goods of leather, Leather straps, Leather twist, Bands of leather, Leather boxes, Leather rivets, leather laces
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Thimbles for umbrellas, Luggage, Bags, Wallets and other carriers, Trunks and travelling bags, Umbrellas, Parasols, canes, Whips, Harness, Saddlery, Animal coats, Parts and fittings for all the aforesaid goods
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Ready-made clothing, Footwear, Headgear, Parts and fittings for all the aforesaid goods
Retail services, including via the Internet, as well as teleshopping programs and online or catalogue mail order services related to Clothing accessories, Sewing materials and decorative textile articles, Hair ornaments, curlers, Hair fasteners and false hair, Artificial fruit, Flowers and vegetables, Trailers, other than for jewellery, Key rings, key fobs, entomological pins and Entomological pins
Rental of advertising space
Sports agencies, namely in the form of public relations, namely consultancy regarding communications with journalists, being PR agencies and public relations
Planning and design of advertising activities
Public relations and promotional activities
Auctioning provided on the Internet
Promotion of sports events, namely in the form of planning and design of advertising initiatives and conducting and planning of sponsoring initiatives
Financial sponsorship of sports competitions and fashion shows
Promotional sponsorship
Business management
Systemization of information computer databases
Organisation of fashion shows for advertising purposes
Office functions
Advertising
Online advertisements
Online ordering services
Online data processing services
Provision of online price comparison services
Providing on-line auction services
Publication of publicity materials on-line
On-line advertising and marketing services
Conducting virtual trade show exhibitions online
Dissemination of advertising via online communications networks.
The mark was filed in class 38 with following description of goods:
Telecommunications
Communications by cellular phones
Providing access to search engines and portals for accessing data and information via global networks
Providing access to computer databases and computer networks
Broadcasting and transmission of information via wireless or cable networks
Broadcasting and transmission of text, messages, information, sound, images and data
Providing internet chatrooms
Interactive forums
Electronic exchange of messages using chatlines, chatrooms and other internet forums
Providing of access to and transmission of digital music, video and other multimedia works through telecommunications
Broadcasting and transmission of television, radio and Internet programs.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Organisation and arranging of congresses, seminars and fashion shows for entertainment purposes
Publication of books
Publication of texts, other than publicity texts
Game services provided on-line from a computer network
Booking tickets for cultural and sporting activities
Publication of printed matter, including in electronic form (not downloadable), including on the Internet.