The trademark Black Tie was filed by Jörn Fechner, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 30, 2021, and received one opposition filed on August 10, 2021 by LA CAVE DES VIGNERONS DE PFAFFENHEIM on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by CABINET NUSS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 27, 2022. Change of name and professional address of the trademark registration was recorded on November 13, 2022.
The Opposition with reference B 003152563 was rejected according to Article 10(2) EUTMDR with decision issued on August 8, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 8 with following description of goods:
Cutlery
Forks, knives, spoons
Silver plate [knives, forks and spoons]
Razors and Razors.
The mark was filed in class 11 with following description of goods:
Lighting lamps
Downlights
Desk lamps.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Cars
Ships
Yachts
Boats
Sailboats
Powerboats.
The mark was filed in class 14 with following description of goods:
Jewels
Ornaments [jewellery, jewelry (Am.)]
Precious and semi-precious stones
Horological and chronometric instruments
Body costume jewellery
Paste jewellery
Bridal headpieces in the nature of tiaras
Facial jewellery
Jewellery of yellow amber
Cases for watches [presentation]
Dress ornaments in the nature of jewellery
Holiday ornaments [figurines] of precious metal, other than tree ornaments
Decorative pins of precious metal
Gold jewellery
Paste jewellery
Body jewellery
Plastic costume jewellery
Jewels
Rings [jewellery]
Cuff links
Tie clips
Clocks
Pocket watches.
The mark was filed in class 16 with following description of goods:
Printed matter
Stationery and office requisites (except furniture)
Cigar bands
Art pictures
Art prints
Etchings
Paintings
Aquarelles
Paintings [pictures], framed or unframed
Photographs [printed]
General feature magazines
Periodicals.
The mark was filed in class 20 with following description of goods:
Furniture
Bar furniture
Mirrors [furniture]
Mirror frames
Picture frames
Sofas
Tables
Coffee tables
Easy-chairs
Reclining chairs
Desks
Seats.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes
Glassware, porcelain and earthenware
Cups
Table plates
Dishes
Glassware
Glass cups
Glass cups
Glass bowls
Wine glasses
Beer glasses
Rum glasses
Champagne glasses
Champagne flutes
Glasses for alcoholic beverages
Beverage glasses.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Suits
Sport coats
Shirts
Neckties
Ascots
Bowties
Pocket squares
Suspenders
Fastenings for suspenders
Shoes.
The mark was filed in class 28 with Billiard tables and Decorations for Christmas trees..
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Chocolate
Salt, condiments, spices, preserved herbs
Vinegar, sauces and other condiments
Chocolates.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic drinks, mineral and aerated water
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Preparations for making alcoholic beverages
Alcoholic energy drinks
Alcoholic beverages containing fruit
Wine
Wine-based drinks
Pre-mixed alcoholic beverages
Pre-mixed alcoholic beverages, other than beer-based
Alcoholic aperitif bitters
Yellow rice wine
Sake
Cherry brandy
Sweet cider
White wine
Extracts of spirituous liquors
Korean traditional rice wine (makgeoli)
Gin
Natural sparkling wines
Blackberry wine
Dry cider
Mulled wines
Sparkling wines
Sparkling fruit wine
Piquette
Fortified wines
Still wine
Schnapps
Hydromel [mead]
Red wine
Fruit wine
Strawberry wine
Table wines
Rose wines
Cider
Sweet wines
Mulled wines
Sparkling grape wine
Grape wine
Dessert wines
Sparkling red wines
Vermouth
Sparkling white wines
Sake substitutes
Spirits [beverages]
Shochu (spirits)
Spirits [beverages]
Fermented spirit
Spirits [beverages]
Aguardiente [sugarcane spirits]
Chinese spirit of sorghum (gaolian-jiou)
Spirits and liquors
Korean distilled spirits (soju)
Sorghum-based Chinese spirits
Potable spirits
Gin
Rum
Sparkling wines.
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco substitutes
Cigarettes and cigars
Electronic cigarettes and oral vaporizers for smokers
Articles for use with tobacco
Matches
Cigar cases
Electronic cigars
Cigar tubes
Humidifiers for cigars
Cigar cutters
Humidors
Cigar cutters
Cigar holders of precious metal
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Humidifiers for cigars
Cigar boxes
Humidors for cigars of precious metal
Cigar pouches
Cigars
Containers for cigars
Humidors
Cigar boxes of precious metal
Cigars for use as an alternative to tobacco cigarettes
Cigar filters
Cigar lighters
Cigarette cases not of precious metal
Humidified cigar boxes
Cigar holders
Cigarette tobacco
Snuff
Menthol pipe tobacco
Snuff dispensers
Pipe tobacco
Hookah tobacco
Snus without tobacco
Snuff with tobacco
Snuff boxes
Snuff boxes, not of precious metal
Chewing tobacco
Mentholated tobacco
Snuff without tobacco
Smoking tobacco
Snuff boxes of precious metal
Snuff box holders
Kretek for non-medical purposes
Filter-tipped cigarettes
Menthol cigarettes
Absorbent paper for tobacco pipes
Asian long tobacco pipes (kiseru)
Pipe racks for tobacco pipes
Absorbent paper for tobacco pipes
Cases, not of precious metal for pipes
Tobacco pipe scrapers
Electronic smoking pipes
Asian long tobacco pipe sheaths
Cases of precious metal for pipes
Absorbent paper for tobacco pipes
Tobacco pipes, not of precious metal
Tobacco pipes of precious metal
Tobacco pipes
Steam stones for hookahs
Hookahs
Pipe cleaners for tobacco pipes
Ashtrays.
The mark was filed in class 35 with Retailing relating to the aforesaid goods in classes 8, 11, 12, 14, 16, 20, 21, 25, 28, 30, 32, 33 and 34 and Advertising..
The mark was filed in class 36 with following description of goods:
Real estate affairs
Rental of real estate
Rental of real estate
Rental of houses.
The mark was filed in class 41 with following description of goods:
Conducting of cultural events
Organising events for entertainment purposes
Organizing cultural and arts events
Organization of shows for cultural purposes
Organisation of entertainment and cultural events
Arranging and presenting of live performances
Conducting of instructional seminars
Providing of further training courses
Training
Entertainment services
Sporting and cultural activities
Cultural services
Organization of cultural shows
Arranging of displays for cultural purposes
Workshops for cultural purposes
Cultural, educational or entertainment services
Organization of exhibitions for cultural or educational purposes
Art exhibition services.
The mark was filed in class 42 with House design.
The mark was filed in class 43 with following description of goods:
Providing of food and drink and temporary accommodation
Restaurant services
Hotel services
Provision of hotel accommodation
Hotels
Provision of hotel accommodation
Hotel services for preferred customers
Hotel accommodation services
Providing exhibition facilities in hotels
Restaurant services
Restaurant services provided by hotels
Restaurant services
Bar and restaurant services
Serving food and drink for guests in restaurants, Serving of food and drinks for guests in bars
Bar services.
The mark was filed in class 45 with Issuing licences for franchising concepts.