The trademark application S. was filed by Schäfer Shop GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2021, and it was registered by office on October 20, 2021 without any oppositions.
The application was filed in German (English was selected as the second language).
Change of name and address of the trademark registration was recorded on October 19, 2020. Change of name and professional address of the trademark registration was recorded on May 22, 2022. Change of name and address of the trademark registration was recorded on May 25, 2022. Change of name and address of the trademark registration was recorded on June 23, 2022. Change of name and address of the trademark registration was recorded on March 7, 2024. Appointment and Replacement of representative of the trademark registration was recorded on May 14, 2024.
The Appeal with reference B R0217/2021-1 was Application allowed according to Article 7(b) EUTMIR with decision issued on April 28, 2021 by the EUIPO. The Refusal with reference B 018319324 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 7, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Building materials of metal
Railway material of metal
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Pipes and tubes of metal
Safes [metal or non-metal]
Metal products, Namely bicycle parking installations of metal, Cladding of metal for building, Bands of metal for tying-up purposes, Tanks of metal, Thread of metal for tying-up purposes, Sheets and plates of metal, Lead seals, Letter boxes of metal, Containers of metal [storage, transport], including for the collection of ashes, Wire of common metal, Flagpoles [structures] of metal
Metal products, Namely casks of metal, Taps of metal for casks, Hooks of metal for clothes rails, Cashboxes [metal or non-metal], Scaffolding of metal, Framework of metal for building, Latticework of metal, Bars for metal railings, Knobs of metal, Hooks [metal hardware], Bag hangers of metal, Boxes of common metal
Metal products, Namely chests, Metal chests, Metal chains, Couplings of metal for chains, Clothes hooks of metal, Baskets of metal, Loading pallets of metal, Cask stands of metal, Straps of metal for handling loads, Duckboards of metal, Tool boxes of metal, empty, Perforated metal panels, Masts of metal, Gratings of metal, Metal ramps for use with vehicles, Fittings of metal for furniture
Metal products, Namely furniture casters of metal, Sleeves [metal hardware], Nameplates of metal, Oil drainage containers of metal, Towel dispensers, fixed, of metal, Dispensers for dog waste bags, fixed, of metal, Advertisement columns of metal, Billboards of metal (sandwich boards), Latches of metal, padlocks of metal, Lock bolts, Roller blinds of steel, Locks of metal for bags
Metal products, Namely safes [of metal], Containers of metal for storing acids, Signboards of metal, Keys of metal, Swing doors of metal, Safety cashboxes, Silos of metal, Ladders of metal, Steel wire, Steps [ladders] of metal, Crampons [climbing irons], Trays of metal, Tanks of metal, Containers of metal for liquid fuel, Telephone booths of metal, Barrels of metal, Barrel hoops of metal
Metal products, Namely gates of metal, Beams, of metal, transportable buildings of metal, Partitions of metal, Staircases of metal, Stair treads [steps] of metal, Stringers [parts of staircases] of metal, Step stools of metal, Doors of metal, Door stops of metal, Door handles of metal, Latch bars of metal, Door frames of metal, Loading ramps of metal, Valves of metal, other than parts of machines
Metal products, Namely tinplate packings, Packaging containers of metal, Locks of metal [electronic and non-electronic], padlocks of metal [electronic and non-electronic], Fences of metal, Refuse containers of metal, Metal containers for storage or transport
Ores of metal
Parts and accessories for all the aforesaid goods, included in this class
Acoustic panels of metal.
The mark was filed in class 12 with following description of goods:
Land vehicles and conveyances
Electric lift trucks
Human-powered trolleys and carts
Handling carts
Folding carts
Two-wheeled trolleys
Wheelbarrows
Sack trucks
Stairway trucks
Trolleys
Platform cars
Trolleys for hand traction
Tool trolleys
Roll cage trolleys
Forklift trucks
Rolling grid carts
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Stationery
Cardboard tubes
Folders for papers, made of the follwing materials, Paper, Millboard
Document files [stationery], made of the follwing materials, Paper, Millboard
Garbage bags of paper or of plastics
Greeting cards
Albums, made of the follwing materials, Paper, Millboard
Announcement cards [stationery]
Stickers [stationery]
Pads [stationery]
Booklets
Writing paper
Bindings, made of the follwing materials, Paper, Millboard
Labels of cardboard and/or of paper
Humidity control sheets of paper
Envelopes and packaging of paper or cardboard for bottles
Sheets of reclaimed cellulose for wrapping
Forms, printed
Paper coffee filters
Calendars
Coasters of paper
Index cards [stationery]
Tags for index cards
Catalogues
Carbon paper
Copying paper [stationery]
Blotters
Note books
Name badges
Paper for recording machines
Disposable paper products, Namely paper towels, Paper napkins, paper handkerchiefs, Paper wipes for cleaning
Placards of paper or cardboard
Advertisement boards of paper or cardboard
Packing [cushioning, stuffing] materials of paper or cardboard
Transparencies of paper
Packing material of paper or cardboard
Conical paper bags
Newsletters
Ledgers [books]
Indexes of paper
Cream containers of paper
Stencil plates
Signboards of paper or cardboard
Manifolds
Desk pads of paper
School supplies of paper
Writing or drawing books
Writing cases [stationery]
Tablecloths of paper
Table runners of paper
Tablecloths of paper
Table linen of paper
Tablemats of paper
Wrapping paper
Toilet paper
Drawing pads
Timetables of paper
Bags, pouches and goods of paper or cardboard for packaging, wrapping and storage purposes
Printed matter
Bookbinding material
Photographs [printed]
Adhesives for stationery or household purposes
Typewriters and office requisites (except furniture)
Teaching materials [except apparatus]
Plastic materials for packing (not included in other classes)
Parts and accessories for all the aforesaid goods, included in this class
All aforesaid goods, Not in connection with the publication of company, address and telephone directories.
The mark was filed in class 20 with following description of goods:
Furniture
Office furniture
Mirrors (silvered glass)
Picture frames
Wheeled cabinets
Racks [furniture]
Counters
Tables and table systems
Shelves for storage
Filing cabinets
Credenzas [furniture]
Display boards
Medicine cabinets
Medicine cabinets
Inflatable furniture
Inflatable publicity objects
Trestles
Benches [furniture]
Fastening tabs
Tanks
Beds
Bed frames
Bed casters
Bedding, except linen
Flower stands
Flower-stands
Vats
Loudspeakers
Book rests [furniture]
Bookcases
Library shelves
Sideboards
Wagons (dinner -) (furniture)
Chaise longues
Storage and transport containers
Shelves for file cabinets
Labels
Furniture shelves
Casks
Barrels
Drum faucets
Handling pallets
Freestanding partitions (partitions)
Hooks for clothes rails
Coatstands
Plate racks
Hampers [baskets] for the transport of items
Fixed towel dispensers
Towel stands
Crates
Work benches
Stools
Garment covers [storage]
Hat stands
Identification bracelets
Identification signboards
Settees
Vats
Carts for computers
Index cabinets [furniture]
Chests
Chests
Cushions
Coat hangers
Hooks for clothing
Wardrobes
Clothes stands
Chests of drawers
Console tables
Pillows
Bolsters
Head-rests
Baskets
Ramps for vehicles
Counters [tables]
Loading pallets
Cask stands
Lap desks
Empty tool boxes
Empty drawer units for tools
Lecterns
Air beds, not for medical purposes
Air pillows, not for medical purposes
Mattresses
Furniture shelves
Furniture casters
Doors for furniture
Movable staircases
Mobiles [decoration]
Nameplates
Non-electric door closers
Oil drainage containers
Fixed dispensers for dog waste bags
Screens
Placards
Armchairs
Mouldings for picture frames
Picture frame brackets
Rattan
Shelving units
Saw benches
Saw horses
Footstools
Signs
Umbrella stands
Reels for hoses [unwinders and winders]
Non-electric locks
Keyboards for hanging keys
Cupboards
Vice benches
Typing desks
Writing desks
Desks
Lockers
School furniture
Covers for clothing [wardrobe]
Tea-trolleys
Sofas
Divans
Meat safes
Ladders
Steps (ladders)
Standing desks
Seats
Valet stands
Tanks
Table tops
Portable desks
Transport pallets
Step stools
Door bolts
Key cards, not encoded and not magnetic
Packaging containers
Vitrines
Carts for computers
Washstands
Work benches
Drafting tables
Magazine racks, newspaper display stands
All the aforesaid goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
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
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing and public relations
Business management
Business administration
Office functions
Employee relocation service [human resources management and recruitment]
Analysis (cost price-), in relation to the following fields, Disposal of waste, waste and trash (Destruction of-), Waste handling and waste recycling
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, Manure, Fire extinguishing and fire prevention compositions, Adhesives used in industry, Paints, Varnish, Burnishers
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, anticorrosive substances, Wood preservatives, coloring matters, dyestuffs, Inks for printing, marking and engraving, Raw natural resins, Metals in foil and powder form for use in painting, decorating, printing and art
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Bleaching preparations and other substances for laundry use, Cleaning, polishing, scouring and abrasive preparations, Soaps, Perfumery, Essential oils
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Cosmetics, Hair lotions, dentifrices, Common metals and their alloys, Building materials of metal
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Materials of metal for railway tracks, Transportable constructions of metal, Metal cables and wires (not for electrical purposes), Ironmongery, small items of metal hardware, pipes and tubes of metal, Of safes of metal, Ores
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Waste compacting machines, Waste disposers (machines), Packing machines, Mechanically operated binding machines, Machines for trimming paper, Cleaning machines, Sole cleaning machines, Shoe cleaning machines
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Electric drink mixers, electric fruit presses, electric dish washers, Electric machine tools, Hand tools and implements used in agriculture, horticulture and forestry, for the construction of machines, apparatus and vehicles, and for structural engineering
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Scissors, Tape measures, Filled tool chests, Universal knives, Flat measures, Hoop-casing apparatus for the transport of goods, Table cutlery, forks and spoons
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Razors and Shaving equipment, scientific apparatus and instruments, Nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, inspecting, life-saving and teaching apparatus and instruments
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Recording apparatus, Reproduction and transmission of sound and images, Magnetic data carriers, recording discs, Automatic vending machines and mechanisms for coin-operated apparatus, Cash registers, calculating machines
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Data-processing apparatus and Computers, Fire extinguishers, Acoustic panels of metal, Apparatus for lighting, heating, steam generating, refrigerating, drying, ventilating, water supply and sanitary purposes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Tabletop and standard lamps, Paper, cardboard and goods made from these materials, Printed matter, bookbinding material, Photographs, Stationery, Adhesives for stationery or household purposes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Typewriters and Office requisite, Instructional and teaching material, Plastic materials for packaging, Furniture, office furniture, Mirrors, picture frames, Roller cabinets, Shelves, counters, Tables and table systems
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for these materials, or of plastics, Dustbins and waste containers, Brushes, Articles for cleaning purposes, Glassware, Porcelain and earthenware, Bed and table cloths
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Ready-made clothing, footwear, headgear
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Blankets, Lace and embroidery, ribbons and braid, Buttons, hooks and eyes, pins and needles, artificial flowers, Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, Wall hangings, Barrier tapes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Work seats, Of work tables, Floor coatings, Floor markings, floor repair accessories, fireproofing preparations, Building automation, Safety engineering, Mesh partitions, Sound-proofing walls, Signs, Plaques, Welding protection screens
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Electric power accessories, traffic safety accessories, Workbenches, Dustbins, Tarpaulins, Shredder, Of work tables, benches, Desktop cabinets, Office chairs
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Containers, Printer paper, Stands for cycles and bicycles, Scaffolding, Upstands, Ladders, Step stools, Room systems, roofing systems, Writing desks, Conference tables, Shelves, Lockers, strong boxes, storage racks, Wheeled cabinets, Binders, See-through storage boxes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, stacking boxes, Inks, Toner, ink cartridges, Transport carts, Towels of paper, Insert boxes, Barrels, cans, Mesh baskets, mesh boxes, large containers, storage boxes for small parts, shelf boxes, stacking boxes, Euroboxes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Tanks, kennels with carriers, Box shelves, Free-standing shelves, brooms, Dustpans, Vaacum cleaners, Disposable gloves, Cupboards for cleaning utensils, Cleaning machines, Detergent, Paper for cleaning purposes, Trolleys for cleaning, wiper mops
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Fitness apparatus, sanitary ware, Changing benches, Wall mirrors, Cabinets adapted for containing computers, server cabinets, Tool cabinets, Accessories for strong boxes, strong boxes, Drive-on ramps, Lifting trucks, Industrial trailers, Cargo bicycles, Panel trolleys
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Stacking frames, forklift construction apparatus, Goods handling carts, Loading ramps, Transport carts, Transport locks, Garbage pails, Spill trays, Data disposal containers, garbage sacks, Paperweights
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels relating to cupboards for hazardous materials
Working clothes, power tools, hand tools, Of personal protective equipment, Hose reels, special adhesive tapes, small tool parts, Tool trolleys, Tool chests
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, System containers, storage systems, Organiser files, Binders, Filing boxes, Filing clips, hanging files, Binding strips, card-index cabinets, Index cards, Transparent sleeves, Lap packs, Clip binders, Briefcases, Stapling presses, Indexes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, dividers, Bags, Suit cases, Smart card readers, monitors, Network technology, Software, memory carriers, keyboards, PC mice, Wearables, Web cams, Batteries, Storage batteries, Labelling apparatus, Label printers, Speakers
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Headphones, Mobile telephone accessories, Tablet accessories, Power banks, pocket calculators, Memory sticks, Clocks, Meteorological stations, glasses, Cups, insulating flasks, Insulated cups, Bags, Purses, Suitcases, umbrellas, Shopping trolley tokens, cigarette lighters
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Botlle openers, Helium balloons, key tags, Edible candy, Wine, Food hampers, Advent calendars, Calendars, desk mats, agenda books, Personal organisers and planners, Desk calendars, wall calendars
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Stationery portfolios, Blocks of paper, repositionable note, magnetic boards, Magnets, card holders, etuis, Tool sets, Meters and gauges, knives, Cutting tools, Sandwich boards [display stands], display cabinets, Table displays, Picture frames, Show cases, Leaflet stands
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Digital display stands being sales aids, Tables, desk accessories, benches, Chairs, armchairs, Stools, Standing aids, upholstered furniture, Cabinets (furniture), closet accessories, Office containers, office container accessories, file carousels, Shelves
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, shelving, Garden furniture, Reception desks, Accessories for reception desks, Dictating machines, reproduction apparatus, printers, Folding machines, Counting machines, Banknote validators, Tills, Laminators, Pricing apparatus, Typewriters, Time recording systems, Sockets, plugs and other contacts (electric connections), power cables, scanners
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Desk calculators, Digital picture frames, Facsimiles machines, Binoculars, Microscopes, TVs, wireless devices, hifi systems, Audio systems, Cameras, conference systems, Media players, Navigation devices, SAT accessories, Telephones, portable telephones
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, camcorders, reproduction paper, Listing paper, Inspection stickers, Form books, photo paper, Stationery paper, Greeting cards, Carbon paper, manifold paper, Adhesive marking points, potting paper, recycled paper, Business cards
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, Beamers, Document cameras, flip charts, Canvasses, Magnets, Magnetic straps, Moderation accessories, Names plates, Plan holders, Overhead projections, boards, Whiteboards, Tape, Document correctors, Laths, Painting requisites, drawing requisites, Sharpeners, pegs, elastic, Needles, Scissors, letter openers
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, desk accessories, Writing mats, Display panels, Stamps [seals], stamp pads, Stamp accessories, staplers for paper, Hole punches, Business card holders, winders, packaging tape, Envelopes, mailing bags, Label winders, Stuffing, Wall hangings
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, cartons, Roller channels, Strapping, Packing machines, Mail accessories, stretch films, cutting stands, pallets, Packing tables, Gift packaging, Weighing scales, Door bumpers/stops, Safes, Partitions, Soundproofing, Key storage services, plant caddies, Plants, Portable air-conditioning equipment
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, fans, Coffee making machines, Coat racks, Footrests for cycles and bicycles, Foot mats, office trolley, Ground protection mats, signage, Warning vests, Parking discs, Ice scrapers, first-aid kits, USB adapters for automotive vehicles, Kitchen cupboards, Cake
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, refrigerating apparatus, Crockery, Cutlery, Catering accessories, microwaves, Service trolleys, Computers, Computer components, laptops, Storage batteries, Batteries, Full and empty toner cartridges, ink cartridges and cassettes
Retail and wholesale services, Including in the context of mail order, brick-and-mortar shops and trade via the internet, via teleshopping channels or other digital distribution channels, in relation the following goods, land vehicles and Transport means, Electric lift trucks, Human-powered trolleys and carts, Goods handling carts, folding carts, Two-wheeled trolleys, Wheelbarrows, Hand trucks, stairway trucks, Transport carts, Platform cars, Hand-operated carts, Tool trolleys, Cage trolleys, Lifting trucks, Rolling grid carts, Lifting benches
Parts and fittings for all the aforesaid goods
All afore mentioned services Not in connection with the publication of company, address and telephone directories.