EUTM file information

018312205

BERGER

September 22, 2020

Trademark Summary

The trademark BERGER was filed by Julius Berger GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on November 22, 2020 by Berger Holding SE on Likelihood of confusion. the opponent was represented by HOFFMANN · EITLE PATENT- UND RECHTSANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2020

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 February 23, 2021.

The Appeal with reference B R0519/2024-2 was Trade mark application allowed according to Article 47(2) EUTMR with decision issued on September 16, 2024 by the EUIPO. The Opposition with reference B 003135304 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 31, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 7 with following description of goods:
    1. Machine tools (hand-operated -)
    2. Technical devices for agricultural, horticultural and forestry purposes
    3. Electric shears
    4. Hand-held tools, other than hand-operated
    5. Mechanical cutting tools
    6. Saws [machines]
    7. Saw blades [parts of machines]
    8. Blades [parts of machines]
    9. Telescopic poles being extensions for the aforementioned tools and devices, and attachments thereof
    10. Grindstones for sharpening the aforesaid tools and devices
    11. Storage containers, filled and empty, adapted for the aforesaid goods
    12. Parts and accessories for all the aforesaid goods, included in this class.
  • The mark was filed in class 8 with following description of goods:
    1. Manually operated tools
    2. Hand-operated equipment for use in agriculture, horticulture and forestry
    3. Garden tools, hand-operated
    4. Hand-operated cutting tools
    5. Scissors
    6. Scissors [snips, pruning shears, hedge trimmers, pruning scissors]
    7. Shear blades
    8. Knives
    9. Cutter type knives
    10. Pruning knives
    11. Fruit pickers [hand tools]
    12. Ditchers [hand tools]
    13. Ladles [hand tools]
    14. Shovels [hand tools]
    15. Thistle extractors [hand tools], Asparagus knives
    16. Axes
    17. Kitchen cleavers
    18. Saws [hand tools]
    19. Saw blades [parts of hand tools]
    20. Telescopic poles being extensions for the aforementioned tools and devices, and attachments thereof
    21. Grindstones for sharpening the aforesaid tools and devices
    22. Tree cutting implements, In particular pruning saws, Saws for cutting branches, Pruning shears and Felling hooks
    23. Telescopic poles being handle extensions for pruning saws, saws for cutting branches, pruning shears and for felling hooks
    24. Sheaths and covers adapted for pruning saws, saws for cutting branches, pruning shears and felling hooks
    25. Tool bags to be fixed to tool belts
    26. Storage containers, filled and empty, adapted for the aforesaid goods
    27. Parts and accessories for all the aforesaid goods, included in this class.