The trademark RETOUR was filed by Miles GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 25, 2021, and received one opposition filed on June 23, 2021 by Van den Broek, Stefan on Likelihood of confusion. the opponent was represented by ALGEMEEN OCTROOI- EN MERKENBUREAU B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 23, 2021
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 003149385 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Table plates, Oven to table racks, Household or kitchen utensils and containers, other than knives, forks and spoons, In particular drinking vessels, Funnels, Tea tins, teapots, Dish covers, Dishes, Cutting boards for the kitchen, Bread bins, bread baskets, Lunch boxes, Bottle openers, electric and non-electric, Hip flasks, Buckets, Insulated containers, vessels, insulated bottles, insulated vessels for beverages and food, Cool bags and boxes, Portable, non-electric, Fitted picnic baskets
Combs and sponges
Brushes
Material for brush-making
Cleaning articles, Especially Funnels, Gloves for household purposes
Glass, unworked or semi-worked, except building glass
Glassware, porcelain and earthenware
Cosmetic utensils, Sanitary articles and Beauty tools, Especially Soap boxes
Articles for animals, Especially Drinking troughs
Gardening articles, In particular flower pots, Watering cans, Gardening gloves.
The mark was filed in class 24 with Textiles and substitutes therefor, In particular cotton fabrics, Flannel [fabric], Jersey [fabric], Gummed cloth, other than for stationery purposes, Jute fabric, Fabric of imitation animal skins, Fabrics for textile use, Diapered linen, Cushion covering materials and Household textiles and Linens, Including bed and table linen, In particular bath linen, Except clothing, Travelling rugs [lap robes], Place mats, not of paper, Oilcloth for use as tablecloths, Wash cloths, Pillow shams, Towels, bath towels, Curtains of textile or plastic, In particular Shower curtains of textile or plastic..
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration services
Office functions
Online marketing
Retail and wholesale services and Merchandising services, Including via the internet, by means of teleshopping channels and catalogue mail order in relation the following goods: Chemical products, Coatings, Pharmacy articles, Cosmetics and Housewares, Goods for the health sector
Retail and wholesale services and Merchandising services, Also provided via the Internet, By means of teleshopping services and catalogue mail order in relation the following goods: Machinery, Tools and Metal goods, Construction, DIY and garden articles, Hobby and craft supplies, Sound and information carriers, Sanitary installations, Vehicles and vehicle accessories, Fireworks, Clocks and watches, jewellery, Musical instruments
Retail and wholesale services and Merchandising services, Also provided via the Internet, By means of teleshopping services and catalogue mail order in relation to the following fields: Printed matter, Stationery, Office requisite, Bags and saddlery, Furnishings and decorations, Luggage, Suit cases, Bags, Wallets and other carriers
Retail and wholesale services and Merchandising services, Also provided via the Internet, By means of teleshopping services and catalogue mail order in relation the following goods: Crockery, Cookware and tableware, Household or kitchen utensils and containers, combs and sponges, Brushes and paintbrushes, Brush-making materials, articles for cleaning purposes, Unworked or semi-worked glass, Glassware, porcelain and earthenware
Retail and wholesale services and Merchandising services, Also provided via the Internet, By means of teleshopping services and catalogue mail order in relation the following goods: Cosmetology, hygiene and beauty care utensils, Animal husbandry articles, Gardening articles, Goods of fabrics and fibres, tents, hammocks, ropes, Padding and stuffing materials, Textiles and substitutes therefor, house ware and Household linen
Retail and wholesale services and Merchandising services, Also provided via the Internet, By means of teleshopping services and catalogue mail order in relation the following goods: Clothing, footwear, headgear, Belts, Toys, sporting goods, Food and drink, Agricultural, horticultural and forestry goods, tobacco goods and other luxury foods, alcohol and tobacco
Advertising by mail order
Operating an on-line marketplace for sellers and buyers of goods
Arranging of business introductions
Arranging commercial transactions, for others, via online shops
Providing commercial consumer information on the Internet relating to business affairs
Organisation, operation and supervision of loyalty and incentives schemes
Services relating to customer loyalty schemes for the sale of the aforesaid goods
Procurement services for others [purchasing goods and services for other businesses]