The trademark HABA was filed by Habermaass Family GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 15, 2021, and received one opposition filed on February 13, 2022 by Hama GmbH & Co. KG on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2022
It was designated 'Basic Application' for International Application 1692681 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Vinyl records, compact discs, DVDs and other digital recording media
Computer software
Experiment kits (physics/chemistry)
Binoculars
Downloadable sound, music, image, video and games files
Video games (software)
Software and software applications, including software downloadable from the internet, in particular for enabling access to and the use, organisation, transmission and exchange of text, audio, video, image, game and other multimedia files via the internet and other communications networks
Files with virtual goods (virtual objects or payment means) for computers and in computer games and online games
Electronic publications, downloadable
Computer gaming software
Electronic pens [visual display units]
Programs and software for entertainment electronics apparatus
Image and sound files for download
Electronic publications, downloadable
Smartcards
Optical data media, in particular for educational purposes
Downloadable and recorded computer software, in particular smartphone and tablet PC applications (apps)
Projectors
Music centre's
Apparatus and instruments for astronomy
Directional compasses
Radiotelephony sets
Scales
Baby scales
Baby monitors
Films, exposed
Eyeglasses and goggles
Sunglasses
Electronic book readers
Chargers for electric batteries
USB flash drives
Signs, luminous
Rulers [measuring instruments]
Magnifying glasses [optics]
Mouse pads
Calculating devices
Slide-rules
Riding helmets
Protective helmets for sports
Snorkels
Pedometers
Smartwatches
Life belts
Life jackets.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,
The mark was filed in class 15 with following description of goods:
Musical instruments
Guitars
Harmonicas
Strings for musical instruments
Percussion instruments
Drums [musical instruments]
String instruments
Wind instruments
Flutes
Electronic musical instruments
Cases for musical instruments
Stands for musical instruments
Music stands
Musical boxes.
The mark was filed in class 16 with following description of goods:
Paper and cardboard and goods made from these materials, not included in other classes, namely transfers (decalcomanias), folders for papers, scrapbooks, announcement cards (stationery), stickers (stationery), banners of paper, pads (stationery), writing paper, pamphlets, document holders (stationery)
Paper and cardboard and goods made from these materials, not included in other classes, namely flags, stuffing materials of paper or cardboard, graphic prints, calendars, index cards (stationery), boxes, catalogues, prospectuses, periodicals, bibs of paper, bookmarkers, luminous paper, papier mâché, paper cases, table napkins of paper, handkerchiefs of paper, conical paper bags, parchment paper, placards of paper or cardboard
Paper and cardboard and goods made from these materials, not included in other classes, namely signboards of paper or cardboard, transparencies (stationery) of paper
Covers of paper, Tablemats of paper, Drawing pads, Magazines [periodicals]
Printed matter
Bookbinding material
Photographs [printed]
Stationery and office requisites (except furniture)
Adhesives for stationery or household purposes
Drawing materials and materials for artists, including drawing, painting and modelling materials, easels, painting accessories, paints
Laminators
Boards, pinboards and accessories therefor, including chalk, pins, markers, triangles, rulers, not included in other classes
Craft requisites, not included in other classes
Paint brushes
Instructional and teaching materials (except apparatus), in particular for education, driving instruction and the providing of training
Plastic sheets, films and bags for wrapping and packaging
Plastic materials for packaging (not included in other classes)
Stationery and office requisites, in particular school supplies, pads, files, writing instruments, covers, envelopes, calendars, signboards of paper or cardboard, pencil cases, sealing stamps.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Leather cases
Leatherboard
Boxes made of leather
Leather purses
Leather bags
Girths of leather
Bags made of imitation leather
Straps made of imitation leather
Travelling bags of imitations of leather
Cases of imitation leather
Trunks and suitcases
Umbrellas
Parasols and walking sticks
Purses
Girths of leather
Travelling sets
Travelling bags
Rucksacks
Key cases
Kit bags.
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Picture frames
Wooden furniture
Wood crates
Wooden beds
Wooden handles
Corks
Caskets made of cork
Memo boards of cork and notice boards of cork
Wicker baskets
Caskets made of wicker
Furniture of plastic materials
Plastic knobs
Plastic signboards
Plaques made of plastics
Furniture casters of plastic
Dividing panels
Hooks for clothes hangers of plastic
Plastic tubs
Chests and crates of plastic
Library shelves
Keyboards for hanging keys
Stools, Chests
Cases and boxes of wood or plastic
Cupboards
Desks
Easy-chairs
Sofas
Seats
Tables
Work benches
Shelves for storage
Filing cabinets
Tea trolleys
Inflatable furniture
Trestles
Items of furniture
Benches [furniture]
Bedsteads of wood
Bed casters, not of metal
Bedding, except linen
Flower-stands [furniture]
Book supports [furniture]
Sideboards
Table tops
Computer tables
Containers, not of metal [storage, transport]
Furniture shelves
Fans for personal use
Bottle crates
Plaited straw or seaweed, except matting
Plate racks
Trolleys for computers [furniture]
Index cabinets [furniture]
Coatstands
Chests of drawers
Baby-changing chests
Baskets, non-metallic
Counters [tables]
Lecterns, not for medical purposes
Cushions beds
Mattresses
Furniture of metal
Furniture partitions of wood
Doors for furniture
Screens (furniture)
Upholstered furniture
Desks
Space dividers [furniture]
Racks [furniture]
Shelves for file cabinets
Seating furniture
Lockers
School furniture
Chests for toys
Ladders of wood or plastics
Coat racks
Coat hooks, not of metal, clothes stands
Blackboards, not of textile
Pillows
Bolsters
Bolsters
Inflatable pillows
Cushions.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Casualwear
Sports clothing, clothing for gymnastics
Sports jerseys
Sports shoes
Layettes [clothing]
Swimming costumes
Underwear
Belts [clothing]
Scarves
Caps being headwear
Gloves [clothing].
The mark was filed in class 28 with following description of goods:
Toys
Games
Toys
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Toys and playthings, all for babies
Board games and dominos
Balls for games
Billiard tables
Artificial climbing walls
Equipment for outdoor games and Outdoor play installations
Building games
Machines for physical exercises
Golf clubs
Hockey sticks
Skittles (games)
Play balloons
Balls for games
Dice
Rackets
Skipping ropes
Tennis nets
Tables for table tennis
Spring boards [sports articles], Gymnastic equipment
Equipment for gymnastics
Machines for physical exercises
Apparatus for training and testing psychomotor development
Games, including electric and electronic games, other than auxiliary devices for external screens and monitors
Video games (hardware)
Video game apparatus, included in class 28
Apparatus for games
Controllers for game consoles
Gymnastic and sporting articles not included in other classes
Gymnastic and sports equipment
Walking poles, motion elements for exercise areas
Tricycles for infants [toys]
Tricycles for infants [toys]
Playing cards
Balls for games
Sportballs
Ball games
Masks [playthings]
Scale model kits [toys]
Doll house furnishings
Scooters [toys]
Swings.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Offering of banners and online advertising space
Retailing and wholesaling in relation to apparatus and instruments for conducting, switching, transforming, storing, regulating or controlling electricity, recording discs, compact discs, DVDs and other digital recording media, computer software, physics/chemistry experiment kits, binoculars, downloadable audio, music, image, video and game files, video games (software)
Retailing and wholesaling in relation to software and software applications, including software downloadable from the internet, in particular for enabling access to and the use, organisation, transmission and exchange of text, audio, video, image, game and other multimedia files via the internet and other communications networks, files with virtual goods (virtual objects or payment means) for computers and in computer games and online games
Retailing and wholesaling in relation to downloadable electronic publications, computer game software, electronic pens (visual display units), programs and software for entertainment electronics apparatus, image and audio files for download, electronic publications, memory cards, optical data media, in particular for educational purposes, downloadable and recorded computer software, in particular smartphone and tablet PC applications (apps), projectors
Retailing and wholesaling in relation to music systems, apparatus and instruments for astronomy, directional compasses, radiotelephony sets, scales, baby scales, baby monitors, exposed films
Retail and wholesale services, in relation to the following goods: Spectacles, protective eyewear, Sunglasses, Electronic readers, Chargers for electric batteries, Memory sticks, Luminous signs, Rulers (measuring instruments), Magnifying glasses (optics), Mouse pads, Calculating machines, Slide-rules, Riding helmets, Protective helmets for sport, snorkels, Pedometers, Smartwatches, life- belts, Lifejackets
Retailing and wholesaling in relation to apparatus for lighting, heating, steam generating, cooking, refrigerating and drying, lighting, lamps, lighting apparatus, lighting installations and lighting concepts, bath fittings, bathtubs, barbecues, grills, stoves, electric heaters for feeding bottles, electrically heated clothing, torches, bicycle lights, thermal baths, head torches
Retailing and wholesaling in relation to musical instruments, guitars, harmonicas, strings for musical instruments, percussion instruments, drums (musical instruments), stringed musical instruments, wind instruments, flutes, electronic musical instruments, cases for musical instruments, stands for musical instruments, music stands, musical boxes
Retailing and wholesaling in relation to paper and cardboard and goods made from these materials, not included in other classes, namely transfers (decalcomanias), folders for papers, scrapbooks, announcement cards (stationery), stickers (stationery), banners of paper, pads (stationery), writing paper, pamphlets, document holders (stationery), flags, stuffing materials of paper or cardboard, graphic prints, calendars, index cards (stationery), boxes, catalogues, prospectuses, periodicals, bibs of paper, bookmarkers, luminous paper
Retailing and wholesaling in relation to papier mâché, paper cases, table napkins of paper, handkerchiefs of paper, conical paper bags, parchment paper, placards of paper or cardboard, signboards of paper or cardboard, transparencies (stationery) of paper, covers of paper, tablemats of paper, drawing pads, magazines (periodicals)
Retailing and wholesaling in relation to printed matter, bookbinding material, photographs, stationery and office requisites, except furniture, adhesives for stationery or household purposes, drawing materials and materials for artists, including drawing, painting and modelling materials, easels, painting accessories, paints
Retail and wholesale services in relation to: Laminators, boards and Display boards, And accessories, Such as Chalk, Pens, Highlighters, Triangles, rulers, craft requisites, Paint brushes, Instructional and teaching materials (except apparatus), in particular for education, driving instruction and the providing of training, Plastic sheets, films and bags for wrapping and packaging, Printers' type, Printing blocks, Albums, Pencils, Sheets of paper, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, manuals, Booklets, Office requisite, Comic books, Paintboxes, Penholders, Terrestrial globes
Retailing and wholesaling in relation to note books, pencil cases, writing instruments, writing or drawing books, drawing materials, plastic materials for packaging, stationery and office requisites, in particular school supplies, pads, files, writing instruments, covers, envelopes, calendars, signboards of paper or cardboard, pencil cases, sealing stamps
Retail and wholesale services, in relation to the following goods: leather and imitation leather, Leather cases, Leatherboard, Leather boxes, Leather pouches, Bags of leather, Leather straps, Bags of imitation leather, Straps of imitation leather, Travelling bags of imitation leather, Cases of imitation leather, Trunks and travelling bags, umbrellas, parasols, walking sticks, Purses, Bands of leather, travelling sets, Travelling bags, Rucksacks, key rings, Travelling bags, kit bags
Retailing and wholesaling in relation to furniture, mirrors, picture frames, wooden furniture, wooden boxes, wooden beds, wooden handles, corks, caskets of cork, cork memo boards and cork pinboards, wicker baskets, caskets of wicker, plastic furniture, plastic handles, plastic boards, plastic signboards, furniture casters of plastic, partitions, clothes hooks of plastic, plastic tubs
Retailing and wholesaling in relation to boxes and crates of plastic, library shelves, keyboards for hanging keys, stools, boxes of wood or plastic, cupboards, desks, armchairs, sofas, seats, tables, workbenches, shelves for storage, filing cabinets, tea trolleys, inflatable furniture, trestles, furnishings, benches, bedsteads of wood, bed casters, not of metal, bedding, except linen, flower-stands (furniture), bookends, sideboards
Retailing and wholesaling in relation to table tops, computer tables, containers, not of metal (storage, transport), furniture shelves, fans for personal use, bottle crates, plaited straw or seaweed, except matting, plate racks, trolleys for computers (furniture), index cabinets (furniture), coatstands (furniture), chests of drawers, baby-changing units
Retailing and wholesaling in relation to baskets, not of metal, counters, lecterns, not for medical purposes, floor cushions, mattresses, furniture of metal, furniture partitions of wood, doors for furniture, screens (furniture), upholstered furniture, writing desks, room partitions (furniture), racks (furniture), shelves for filing-cabinets (furniture), seating furniture, lockers, school furniture, chests for toys, ladders of wood or plastics
Retailing and wholesaling in relation to wardrobes, hooks, not of metal, for clothes rails, clothes stands, wall panels, not of textile, pillows, bolsters, neck roll cushions, air cushions, cushions
Retailing and wholesaling in relation to clothing, footwear, headgear, leisurewear, sportswear and clothing for gymnastics, sports jerseys, boots for sports, layettes (clothing), swimwear, undergarments, belts (clothing), collar protectors, caps (headgear), gloves
Retail and wholesale services in relation to: Toys, games, playthings, Gymnastic and sporting articles, Decorations for Christmas trees, Playthings and toys for babies, Board games and dominos, Balls, Billiard tables, Artificial climbing walls, Equipment for outdoor games and outdoor play installations, Building blocks (toys), Machines for physical exercise, golf sticks, Hockey sticks, Skittles (games), Play balloons, balls for games, dice
Retailing and wholesaling in relation to bats for games, skipping ropes, tennis nets, tables for table tennis, spring boards (sports articles), appliances for gymnastics, gymnastic apparatus, machines for physical exercise, structures for training and testing psychomotor activity, games, including electric and electronic games, auxiliary devices for external screens and monitors, video games (hardware), video game apparatus, apparatus for games, controllers for games consoles
Retailing and wholesaling in relation to gymnastic and sporting articles, sporting and gymnastic apparatus, walking poles, motion elements for exercise areas, tricycles (playthings), tricycles for infants (toys), playing cards, balls for games, balls for sports, ball games, masks (playthings), scale model kits (toys), dolls' furniture, scooters (playthings), swings.
The mark was filed in class 38 with following description of goods:
Telecommunications, namely communications via telephones, computers, smartphones, tablet computers, laptop computers and other entertainment electronics apparatus
Telephone, video and web conferencing
Consultancy and information with regard to telecommunications
Providing of access to computer networks, data networks, chatrooms, forums, databases and computer data on the internet and other digital networks
Electronic mail, data transmission, voice transmission and image transmission
Rental and leasing of telecommunications apparatus for the aforesaid purposes
Providing access to platforms and portals on the Internet
Providing access to videos, games and music via wireless networks for mobile telephones
Providing online forums
Streaming of data
Transmission of digital files
Providing access to dababases
Providing of access to platforms on the internet, in particular for real-time interaction with other computer users, in particular for conducting games
Providing access to files via the internet, in particular videos, games, voice messages, virtual goods, music and publications
Communications services, namely transmitting sound and audio-visual recordings through streaming.
The mark was filed in class 41 with following description of goods:
Sporting and cultural activities
Arranging of congresses, seminars and conferences
Presentation of musical concerts, Providing sports facilities, Organisation of sports competitions
Training
Teaching
Entertainment services
Coaching
Training, further training, vocational and educational consultancy
Professional retraining
Online publication of electronic books and journals
Writing and publishing of texts, other than publicity texts
Layout services, other than for advertising purposes
Rental of digital or non-digital teaching material
Provision of on-line computer games
Organisation, arranging and conducting of award ceremonies, live events, workshops, competitions, exhibitions for cultural and educational purposes
Organisation, arranging and conducting of colloquiums, conferences, congresses and educational examinations
Arranging, conducting and organisation of seminars
Arranging, conducting and organisation of concerts
Arranging, conducting and organisation of symposiums
Entertainment information
Correspondence courses
Correspondence courses
Practical training [demonstration]
Arranging and conducting of exhibitions, meetings and symposiums for cultural or educational purposes
Rental and leasing of entertainment electronics apparatus and accessories therefor, in particular for educational purposes
Rental and leasing of sound and image recording apparatus, in particular for educational purposes
Arranging and conducting of games events and amusement events (entertainment)
Shows
Staged events
Education information
Providing of online music and online videos, non-downloadable
Conducting of online computer games with others via the internet
Publication of printed matter (other than for advertising purposes) in electronic form.
The mark was filed in class 42 with following description of goods:
Rental and leasing of programs and software for entertainment electronics apparatus, in particular for educational purposes
Rental and leasing of computers, laptop computers, notebook computers and peripherals, in particular for educational purposes
Rental and leasing of computer programs, computer software, in particular for educational purposes
Rental and leasing of printers for use with computers, in particular for educational purposes
Rental of data carriers in the form of memory cards, updating and maintenance of computer software, in particular via wireless communications networks
Providing electronic memory space (webspace) on the Internet for personal information and data, in particular images, videos, games, voice messages, music and publications
Design, development and programming of computer software
Technical services for storing of downloadable publications (music, sound bites, software)
Management and maintenance of websites, for others
Graphic arts design
Software as a service [SaaS]
Rental of data carriers and data processing installations for educational purposes
Computer rental, coding services related to the foregoing.