The trademark emilio's was filed by Kai Schuler, a national of the Federal Republic of Germany (the "Applicant") and Andreas Link, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 11, 2021, and received one opposition filed on July 11, 2021 by EMILIO PUCCI INTERNATIONAL S.r.l on Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 11, 2021
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 July 1, 2021.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical preparations and materials for film, photography and printing
Putties, and fillers and pastes for use in industry
Adhesives for use in industry
Unprocessed plastics
Salts for industrial purposes
Unprocessed artificial and synthetic resins
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Fertilisers, and chemicals for use in agriculture, horticulture and forestry.
The mark was filed in class 2 with following description of goods:
Coatings
Dyes, colorants, pigments and inks
Thinners and thickeners for coatings, dyes and inks.
The mark was filed in class 4 with following description of goods:
Fuels and illuminants
Electrical energy
Lubricants and industrial greases, waxes and fluids
Dust controlling compositions.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Sanitary preparations and articles
Air deodorising and air purifying preparations
Pest control preparations and articles
Hygienic preparations and articles.
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Structures and transportable buildings of metal
Containers, and transportation and packaging articles, of metal
Small items of metal hardware
Unprocessed and semi-processed materials of metal, not specified for use
Statues and works of art of common metals
Doors, gates, windows and window coverings of metal.
The mark was filed in class 8 with following description of goods:
Cutlery, kitchen knives, and cutting implements for kitchen use
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Lifting tools
Emergency and rescue hand tools.
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Optical equipment and apparatus, Amplifying apparatus
Safety, security, protection and signalling devices
Diving equipment
All the aforesaid goods not in relation to the following goods: Spectacles, Sunglasses, contact lenses or Safety goggles and eyewear.
The mark was filed in class 10 with following description of goods:
Hearing protection devices
Feeding aids and pacifiers
Sex aids.
The mark was filed in class 11 with following description of goods:
Flues and installations for conveying exhaust gases
Igniters
Lighting and lighting reflectors
Burners, boilers and heaters
Sun tanning appliances
Filters for industrial and household use
Cooking, heating, cooling and preservation equipment, for food and beverages
Heating, ventilating, and air conditioning and purification equipment (ambient)
Refrigerating and freezing equipment
Personal heating and drying implements
Sanitary installations, water supply and sanitation equipment
Drying installations.
The mark was filed in class 15 with Musical instruments and Musical accessories..
The mark was filed in class 16 with following description of goods:
Decoration and art materials and media
Printed matter, and stationery and educational supplies
Filtering materials of paper
Works of art and figurines of paper and cardboard, and architects' models
Paper and cardboard.
The mark was filed in class 17 with following description of goods:
Seals, sealants and fillers
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Structures and transportable buildings, not of metal
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Doors, gates, windows and window coverings, not of metal.
The mark was filed in class 20 with following description of goods:
Animal housing and beds
Containers, and closures and holders therefor, non-metallic
Displays, stands and signage, non-metallic.
The mark was filed in class 21 with following description of goods:
Baby bath tubs
Plastic bath racks [caddies]
Basins [receptacles]
Boxes for holding artificial teeth
Towel baskets
Towel rings
Rings for towels [bathroom fittings]
Towel rings, not of precious metal
Towel racks
Plastic bathtubs for children
Lotion containers, empty, for household use
Hand towel dispensers, other than fixed
Boxes for dispensing paper towels
Metal boxes for dispensing paper towels
Plastic buckets for storing bath toys
Shaving brush stands
Rings for towels, not of precious metal
Bowls [basins]
Sponge holders
Paper towel dispensers
Rinsing tubs
Rails for towels, not of precious metal
Towel rails and rings
Earthenware basins
Stands for portable baby baths
Water closet brush holders
Toilet paper racks
Toilet paper holders
Toilet roll dispensers
Dispensers for the storage of toilet paper [other than fixed]
Toilet roll stands
Baby baths, portable
Bathroom basins [receptacles]
Wash basins [bowls, not parts of sanitary installations]
Washtubs
Cotton ball dispensers
Cotton ball jars
Nebulizers for household use
Foldable bath tubs for babies
Lawn sprinklers
Watering devices
Syringes for watering flowers and plants
Window-boxes
Flower syringes
Nozzles for watering cans
Seed tray inserts
Sprayers attached to garden hoses
Nozzles for watering hose
Sprayer wands for garden hoses
Pot plant support sticks
Planters of glass
Planters of earthenware
Planters of plastic
Raised garden planters
Gardening gloves
Garden syringes
Watering cans
Compost containers for household use
Plastic lids for plant pots
Plant syringes
Plant baskets
Lawn brushes
Sprinklers
Seed trays
Nozzles for hosepipes
Spray nozzles for garden hoses
Greenhouse syringes
Saucers for flower pots
Water syringes for spraying plants
Plastic spray nozzles
Indoor terrariums [vivariums]
Indoor terrariums [plant cultivation]
Planters of clay
Aquaria and vivaria
Devices for pest and vermin control
Litter scoops for use with pet animals
Wild animal repellent devices, not of metal
Pet feeding bowls, automatic
Automatic litter boxes for pets
Containers for bird food
Brushes for pets
Brushes for grooming horses
Wire cages for household pets
Electronic pet feeders
Deshedding brushes for pets
De-shedding combs for pets
Fur brushes for animals
Filters for use in cat litter pans
Small animal feeders
Bird feeders for feeding caged birds
Bird feeders in the nature of containers
Litter trays for birds
Pet feeding bowls
Plastic containers for dispensing food to pets
Bird feeders for feeding birds in the wild
Mangers for animals
Mangers for cows
Mangers for horses
Poultry rings
Goldfish bowls
Scoops for the disposal of pet waste
Cat litter pans
Plastics trays for use as litter trays for cats
Combs for use on domestic animals
Cages of metal for domestic use
Nest eggs, artificial
Dog food scoops
Feeding troughs of metal for cattle
Metal pans for cattle
Mane brushes [horse combs]
Non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Non-mechanized animal feeders
Horse brushes
Horse brushes of wire
Horse combs
Pet grooming glove
Pet paw cleaners, non-electric
Scoops for the disposal of animals excrement
Pig troughs
Perches for bird cages
Litter boxes for pets
Currycombs
Animal bristles [brushware]
Combs for animals
Animal grooming gloves
Cages for household pets
Pet drinking bowls
Plastic containers for dispensing drink to pets
Drinking troughs
Drinking troughs for poultry
Feeding troughs
Poultry troughs
Ultrasonic bird repellers
Bird repellent devices, not of metal
Birdcages
Bird baths
Bird baths not being structures
Bird cages for domestic birds
Rings for birds
Animal activated animal feeders
Animal-activated pet feeders
Animal activated livestock waterers
Animal activated livestock feeders
Bird feeders
Pet feeding and drinking bowls
Watering troughs for cattle
Toothbrushes for animals
Household utensils for cleaning, brushes and brush-making materials
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
None of the aforesaid goods for use with cosmetics.
The mark was filed in class 22 with Padding and stuffing materials and Raw textile fibers and substitutes..
The mark was filed in class 26 with following description of goods:
Accessories for apparel, sewing articles and decorative textile articles
Charms, other than for jewellery, key rings or key chains
Hair ornaments, hair rollers, hair fastening articles, and false hair
Needles and pins for entomology
Artificial fruit, flowers and vegetables.
The mark was filed in class 27 with Floor coverings and artificial ground coverings and Wall and ceiling coverings..
The mark was filed in class 28 with following description of goods:
Fairground and playground apparatus
Toys, games, and playthings
Sporting articles and equipment.
The mark was filed in class 34 with following description of goods:
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Articles for use with tobacco
Matches
Tobacco and tobacco products (including substitutes).