EUTM file information

018762794

BLACK.DE

September 14, 2022

Trademark Summary

The trademark BLACK.DE was filed by Tedi GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 9, 2023, and received one opposition filed on March 28, 2023 by FOODCARE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by KANCELARIA PATENTOWA DR W. TABOR SP.J. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 28, 2023

It was designated 'Basic Application' for International Application 1760643 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 3 with following description of goods:
    1. Bleaching preparations and other substances for laundry use
    2. Cleaning, polishing, scouring and abrasive preparations
    3. Soap
    4. Perfumery, essential oils, cosmetics, hair lotions
    5. Dentifrices
    6. Scouring solutions
    7. Preparations for cleaning waste pipes
    8. Make-up removing preparations
    9. Breath freshening sprays
    10. Eyebrow cosmetics
    11. Eyebrow pencils
    12. Bath salts, not for medical purposes
    13. Pumice stone
    14. Deodorants for personal use
    15. Scented wood
    16. Scented water
    17. Shower gels
    18. Depilatory preparations
    19. Laundry blueing
    20. Colour-removing preparations
    21. Cosmetic kits
    22. Hair dyes
    23. Hair spray
    24. Shampoos
    25. Body exfoliators
    26. Cosmetics
    27. Cosmetic preparations for baths
    28. False nails
    29. False eyelashes
    30. Lipsticks
    31. Lotions for cosmetic purposes
    32. Make-up
    33. Nail varnish
    34. Nail care preparations
    35. Perfumes
    36. Potpourris [fragrances]
    37. Furbishing preparations
    38. Shaving preparations
    39. Fumigation preparations [perfumes]
    40. Joss sticks
    41. Windshield cleaning liquids
    42. Cleaning preparations for spectacles
    43. Cleaning preparations
    44. Rust removing preparations
    45. Abrasive paper
    46. Make-up
    47. Make-up powder
    48. Emery paper
    49. Beauty masks
    50. Shoe cream
    51. Shampoos for pets [non-medicated grooming preparations]
    52. Shampoos
    53. Wallpaper cleaning preparations
    54. Cotton wool for cosmetic purposes
    55. Cotton swabs for cosmetic purposes
    56. Fabric softeners for laundry use
    57. Incense
    58. Mascara
    59. Toothpaste.
  • The mark was filed in class 9 with following description of goods:
    1. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
    2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
    3. Apparatus for recording, transmitting or reproduction of sounds, images or data
    4. Magnetic data carriers, recording discs
    5. Coin-operated mechanisms
    6. Cash registers, calculating machines and data processing equipment and computers
    7. Fire extinguishers
    8. Answering machines
    9. Respirators for filtering air
    10. Eye-shades
    11. Films, exposed
    12. Flashlights [photography]
    13. Letter scales
    14. Spectacles [optics]
    15. Spectacle cases
    16. Spectacle frames
    17. Spectacle lenses
    18. Compact disc players
    19. CD boxes of paper
    20. Compact discs
    21. Computer keyboards
    22. Printers for use with computers
    23. Digital video disc players
    24. Batteries, electric
    25. Theft prevention installations, electric
    26. Distance measuring apparatus
    27. Binoculars
    28. Telescopes
    29. Television apparatus
    30. Remote control devices
    31. Cinematographic cameras
    32. Cameras [photography]
    33. Radiotelephony sets
    34. Computer programs, recorded
    35. Computer programs, downloadable
    36. Altimeters
    37. Dog whistles
    38. Hydrometers
    39. Cassette players
    40. Knee-pads for workers
    41. Directional compasses
    42. Contact lenses
    43. Containers for contact lenses
    44. Headphones
    45. Laser pointers
    46. Loudspeakers
    47. Signs, luminous
    48. Magnifying glasses [optics]
    49. Magnetic tapes
    50. Mouse [computer peripheral]
    51. Trackpads
    52. Mobile telephones
    53. Modems
    54. Monitors
    55. Teeth protectors
    56. Navigation apparatus for vehicles
    57. Power voltage regulator
    58. Notebook computers
    59. Optical data media
    60. Refrigerator magnets
    61. Radios
    62. Life jackets
    63. Egg timers [sandglasses]
    64. Image scanning apparatus
    65. Commutators
    66. Swimming jackets
    67. Signalling whistles
    68. Sirens
    69. Smart cards
    70. Sunglasses
    71. Voltmeters
    72. Games software
    73. Goggles for sports
    74. Stands for photographic apparatus
    75. Plugs (current)
    76. Control consoles (current)
    77. Crash helmets
    78. Pocket calculators
    79. Telephone apparatus
    80. Testing apparatus none being for medical purposes
    81. Thermometers, not for medical purposes
    82. Sound recording carriers
    83. Transformers (current)
    84. USB card readers
    85. Videotapes
    86. Camcorders
    87. Video recorders
    88. Yardsticks.
  • The mark was filed in class 16 with following description of goods:
    1. Paper cardboard
    2. Printed matter
    3. Bookbinding material
    4. Photographs [printed]
    5. Stationery
    6. Adhesives for stationery or household purposes
    7. Artists' materials
    8. Paint brushes
    9. Typewriters and office requisites (except furniture)
    10. Instructional and teaching material (except apparatus)
    11. Plastic materials for packaging (not included in other classes)
    12. Type [numerals and letters]
    13. Printing blocks
    14. Garbage bags of paper or of plastics
    15. Tear-off calendars
    16. Tissues of paper for removing make-up
    17. Transfers [decalcomanias]
    18. Address stamps
    19. Folders for papers
    20. Document files [stationery]
    21. Albums
    22. Announcement cards (stationery)
    23. Stickers [stationery]
    24. Cabinets for stationery [office requisites]
    25. Mats for beer glasses
    26. Pictures and silhouettes for decorating windows
    27. Pencils
    28. Pads [stationery]
    29. Flowerpot covers of paper
    30. Booklets
    31. Paperweights
    32. Letter trays
    33. Writing paper
    34. Pamphlets
    35. Bookbindings
    36. Books
    37. Bookends
    38. Crayons
    39. Clips for offices
    40. Electric or non-electric pencil sharpeners
    41. Staple removers (office requisites)
    42. Labels of paper or cardboard
    43. Flags of paper
    44. Figurines [statuettes] of papier mâché
    45. Bottle envelopes of paper or cardboard
    46. Bottle wrappers of paper or cardboard
    47. Correcting fluids [office requisites]
    48. Photographic albums
    49. Fountain pens
    50. Drinks crates made from paper
    51. Greeting cards
    52. Elastic bands for offices
    53. Manuals [handbooks]
    54. Hand labelling appliances
    55. Corkboard pins
    56. Calendars
    57. Record cards
    58. Catalogues
    59. Boxes for index files (office materials)
    60. Scrapbook albums
    61. Adhesive tape rolls
    62. Adhesive glue sticks
    63. Sticky notes
    64. Chalk
    65. Ball pens
    66. Bibs of paper
    67. Projection screens
    68. Bookmarkers
    69. Loose-leaf binders
    70. Canvas for painting
    71. House painters' rollers
    72. Paintbrushes
    73. Painters' easels
    74. Modelling paste
    75. Bin liners made of plastic or paper
    76. Record token cards
    77. Note books
    78. Paper-clips
    79. Oil paintings
    80. Parcel tape
    81. Towels of paper
    82. Paper bags
    83. Boxes made of cardboard
    84. Notice boards
    85. Posters
    86. Rubber erasers
    87. Filler paper
    88. Holders for cheque books
    89. Signboards of paper or cardboard
    90. Writing and painting books
    91. Writing instruments
    92. Writing or drawing books
    93. Writing materials
    94. Writing boards
    95. Cyanoacrylates
    96. Sealing stamps
    97. Stamp pads
    98. Pen
    99. Diaries
    100. Highlighting markers
    101. Ink erasers
    102. Tablecloths of paper
    103. Toilet paper
    104. Tablemats of paper
    105. Bags, envelopes, paper and polyethylene bags for wrapping (preparation of packages)
    106. Wax crayons
    107. Permanent markers
    108. Drawing pads
    109. Drawing boards [painters' articles]
    110. Drawing sets
    111. Drawing instruments
    112. Drawing rulers
    113. Periodicals
    114. Compasses for drawing.
  • The mark was filed in class 21 with following description of goods:
    1. Household or kitchen utensils and containers (not of precious metal or coated therewith)
    2. Combs and sponges
    3. Brushes (except paint brushes)
    4. Material for brush-making
    5. Cleaning articles
    6. Steelwool
    7. Glass, unworked or semi-worked, except building glass
    8. Glassware, porcelain and earthenware included in this class
    9. Dustbins
    10. Brushes (dishwashing-)
    11. Eyebrow brushes
    12. Mugs
    13. Painted glassware
    14. Brooms
    15. Beer mugs
    16. Flower pots
    17. Flower-pot covers, not of paper
    18. Cloth for washing floors
    19. Scrubbing brushes
    20. Frying pans
    21. Cooking skewers
    22. Nozzles for watering cans
    23. Bread boards
    24. Bread bins
    25. Bread baskets for household purposes
    26. Ironing boards
    27. Flat-iron stands
    28. Toilet brushes
    29. Brush goods
    30. Busts of porcelain, ceramic, earthenware or glass
    31. Butter dishes
    32. China ornaments
    33. Closures for pot lids
    34. Deodorising apparatus for personal use
    35. Shower squeegees
    36. Egg cups
    37. Buckets
    38. Glass jars [carboys]
    39. Disposable table plates
    40. Toothbrushes, electric
    41. Cruets
    42. Chopsticks
    43. Bottle openers, electric and non-electric
    44. Mouse traps
    45. Chamois leather for cleaning
    46. Window wipers
    47. Figurines (statuettes) of porcelain, terracotta or glass
    48. Hip flasks
    49. Flasks
    50. Bottles
    51. Fly swatters
    52. Ice cube moulds
    53. Gardening gloves
    54. Containers for household or kitchen use
    55. Vegetable dishes
    56. Services (tableware)
    57. Spice sets
    58. Watering cans
    59. Jars
    60. Glass spheres
    61. Mosaics of glass, not for building
    62. Powdered glass for decoration
    63. Glass stoppers
    64. Plungers for clearing blocked drains
    65. Hand-operated cleaning instruments
    66. Towel racks
    67. Household gloves
    68. Abrasive sponges for scrubbing the skin
    69. Insect traps
    70. Insulating flasks
    71. Coffee services
    72. Combs
    73. Jugs
    74. Decanters
    75. Coasters, not of paper or textile
    76. Potato mashers
    77. Cheese-dish covers
    78. Dustpans
    79. Cookie jars
    80. Ceramics for household purposes
    81. Candelabra [candlesticks]
    82. Candle drip rings
    83. Garlic presses
    84. Cookery moulds
    85. Cooking pot sets
    86. Cooking pots, non-electric
    87. Baskets for household purposes
    88. Corkscrews, electric and non-electric
    89. Cosmetic utensils
    90. Crystal [glassware]
    91. Cake moulds
    92. Kitchen containers
    93. Kitchen utensils
    94. Refrigerating bottles
    95. Isothermic bags
    96. Works of art of porcelain, ceramic, earthenware or glass
    97. Nest eggs, artificial
    98. Candelabra [candlesticks]
    99. Mouse traps
    100. Knife rests for the table
    101. Shakers
    102. Furniture dusters
    103. Mops
    104. Water flossers
    105. Chamber pots
    106. Nail brushes
    107. Heaters for feeding bottles (not electric)
    108. Non-electric fruit presses for household purposes
    109. Non-electric stirrers
    110. Non-electric whisks for household purposes
    111. Non-electric grinders for household purposes
    112. Fruit bowls
    113. Cups of paper or plastic
    114. Paper plates
    115. Perfume vaporizers
    116. Spatulas
    117. Pepper pots
    118. Plant syringes
    119. Fitted picnic baskets, including dishes
    120. Slabs
    121. Cookie [biscuit] cutters
    122. Polishing leather
    123. Porcelain
    124. Lunch boxes
    125. Powder compacts
    126. Cloths for cleaning
    127. Cleaning tow
    128. Sprinklers
    129. Shaving brushes
    130. Rat traps
    131. Perfume burners, electric and non-electric
    132. Graters
    133. Cloths for cleaning
    134. Mixing spoons [kitchen utensils]
    135. Cocktail stirrers
    136. Salad bowls
    137. Salt cellars
    138. Spatulas for kitchen use
    139. Brushes for cleaning tanks and containers
    140. Bowls [basins]
    141. Beaters
    142. Signboards of porcelain or glass
    143. Cutting boards for the kitchen
    144. Basting spoons [cooking utensils]
    145. Shoe horns
    146. Brushes for footwear
    147. Shoe trees
    148. Dishes
    149. Pan-mats
    150. Sponges for household purposes
    151. Soap boxes
    152. Soap holders and soap dishes
    153. Soap dispensers
    154. Sieves [household utensils]
    155. Lazy susans
    156. Napkin rings
    157. Strainers
    158. Non-metal coin banks
    159. Nozzles for watering hose
    160. Dishwashing brushes
    161. Dusting cloths [rags]
    162. Feather-dusters
    163. Soup bowls
    164. Trays for household purposes
    165. Tableware, other than knives, forks and spoons
    166. Cups
    167. Tea caddies
    168. Tea infusers
    169. Teapots
    170. Tea cosies
    171. Tea services [tableware]
    172. Pastry cutters
    173. Rolling pins, domestic
    174. Table plates
    175. Carpet sweepers
    176. Carpet beaters [hand instruments]
    177. Crumb trays
    178. Portable toilets for babies, made from plastic
    179. Toilet paper holders
    180. Toilet paper dispensers
    181. Toilet sponges
    182. Pot lids
    183. Pots
    184. Pottery
    185. Pie servers
    186. Baby baths, portable
    187. Funnels
    188. Drinking vessels
    189. Drinking glasses
    190. Straws for drinking
    191. Ironing board covers, shaped
    192. Saucers
    193. Vases
    194. Vacuum flasks
    195. Clothes-pegs
    196. Rotary washing lines
    197. Drying racks for laundry
    198. Kettles, non-electric
    199. Toothbrushes
    200. Floss for dental purposes
    201. Toothpicks
    202. Toothpick holders
    203. Sugar bowls
    204. Shashlik skewers
    205. Dough scrapers
    206. Nutcrackers.
  • The mark was filed in class 24 with following description of goods:
    1. Textiles and textile goods, included in class 24
    2. Bed and table covers
    3. Napkins, of cloth, for removing make-up
    4. Bath linen, except clothing
    5. Bed linen
    6. Bed linen
    7. Covers for cushions
    8. Shower curtains of textile or plastic
    9. Flags of textile or plastic
    10. Eiderdowns [down coverlets]
    11. Fleece blankets
    12. Curtains of textile or plastic
    13. Curtain holders of textile material
    14. Fabrics for textile use
    15. Linens
    16. Coasters of textile
    17. Mattress covers
    18. Furniture coverings of plastic
    19. Furniture coverings of textile
    20. Mosquito nets
    21. Place mats, not of paper
    22. Travelling rugs [lap robes]
    23. Coverings for furniture
    24. Bed covers
    25. Labels of textile
    26. Face towels of textile
    27. Towels of textile
    28. Table napkins of textile
    29. Handkerchiefs of textile
    30. Tablecloths, not of paper
    31. Table runners of textile
    32. Table napkins of textile
    33. Tablecloths, not of paper
    34. Fitted toilet lid covers of fabric
    35. Sheets [textile]
    36. Bath mitts.
  • The mark was filed in class 28 with Paper hats [party novelties].
  • The mark was filed in class 35 with following description of goods:
    1. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, Artificial resins, unprocessed, Plastics, unprocessed, Manure, Fire extinguishing compositions, Tempering and soldering preparations
    2. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Chemical substances for preserving food-stuffs, Tanning substances, adhesives used in industry, Paints, Lacquers, Paint brushes, anticorrosive substances, Wood preservatives, Colorants, mordants, raw natural resins, Metals in foil and powder form for painters, decorators, printers and artists
    3. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: washing preparations, Detergent, Cosmetics, Cosmetics, Essential oils, Perfumery, Dentifrices, shampoos, Fuels and Lighters, Candles, And fats, Pharmaceutical drugs, Materials for dressings, Fungicides, herbicides, pesticides, Pharmaceutical and veterinary preparations, Plasters, Disinfectants, Dietetic substances adapted for medical use, Food for babies, Building materials of metal
    4. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Metal goods, Namely of Baskets of metal, Works of art of metal, Figurines of metal, Sculptures of metal, Clothes hooks of metal, Cans of metal, Stirrups of metal, articles of metal hardware, Safes, moneyboxes, Machine tools for the treatment of materials and production, Drilling machines, Cleaning apparatus utilising steam, Dynamod
    5. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Fraises [milling machines], Electric hand drilling machines, Hand-held tools, other than hand-operated, Planning machines, Coffee grinders, other than hand-operated, Chains saws, Electric glue gun, Electric kitchen machines, Waste disposers (machines), Sewing machines, Pepper mills, other than hand-operated, Stirring machines, Saw machines, Cutting machines
    6. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Paint sprayers, Vacuum cleaners, vacuum bags, vacuum hoses, Washing machine, Sparking plugs for internal combustion engines, Motors and engines, Agricultural implements other than hand-operated, Tools, gardening tools, Cutlery, Scissors, knives, Shaving equipment, home appliances
    7. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Electrical and electronic apparatus, Namely of smartphones, Tablet computers, Telecommunications apparatus and data processing apparatus, Amusement apparatus, Cameras, Spectacles, spectacle cases, Computer software, computer accessories, Telephones
    8. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: memory carriers, Pre-recorded and blank CDs, DVDs, electric batteries, Fire extinguishers, Medical apparatus and instrumentation, Contraceptive products, Orthopedic articles, Lamps, light bulbs, domestic electrical appliances, Lighting devices
    9. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Vehicles and vehicle accessories, Namely of Vehicles covers, Vehicle window covers, Tension bands, Automobile oil funnels, Steering wheel covers, Children seats, Hand-operated scrapers for removing ice from vehicle windows, Fitted first-aid kits, Decorative flags of textile or plastic, Ornamental stickers, Ornamental figures of plastic, Fireworks, Clocks, Jewellery, Musical instruments, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Periodical publications, newspapers, Stationery, Scissors, Office supplies, Materials for packaging, Instructional and teaching material, Adhesives for stationery, Stationery, Plastic goods, Namely of Insulating materials, Bags for packaging and Packaging sleeves, Drop cloths and sheeting
    10. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: leather goods, Namely of Handbags, Document files, Collars for animals, Boxes, Rucksacks, Satchels, Key cases, Bags, suitcases, purses, Cases, baskets, Parasols, Umbrellas, Building materials, Furniture, fixtures
    11. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: objects d'art, Decorative articles, household containers, Household or kitchen utensils, food storage boxes, Coathangers, Crockery, glasses, Cups, Pots, Cleaning appliances
    12. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: ropes, string, nets, yarns and threads, Bed blankets, Table blankets, hand towels, textile products, Clothing, shoes, headgear for wear, haberdashery, buttons, Artificial flowers
    13. Retail services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Mats, Floor coverings, Wall hangings, Mats, Games, Playthings, Decorations for Christmas trees, Gymnastic and sporting articles, novelties for parties, Erotic articles, Foodstuffs (except non alcoholic drinks), agricultural, horticultural and forestry products, Foodstuffs for animals, Alcoholic beverages, cigarettes, Tobacco, smoker's articles and matches, Tobacco products
    14. Advertising, marketing and promotional services
    15. Business assistance, management and administrative services
    16. Business analysis, research and information services
    17. Provision of on-line business and commercial information
    18. Providing business information via a web site
    19. Auctioneering services
    20. Business mediation services and in relation to the following fields: Advertising
    21. Collective buying
    22. Commercial assessment
    23. Preparation of competitions for advertising purposes
    24. Ordering services
    25. Price comparison services
    26. Procurement services, for others
    27. Subscription services
    28. Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
    29. Provision of an online marketplace for buyers and sellers of goods and services
    30. Computerised stock ordering
    31. Negotiation and conclusion of commercial transactions for third parties
    32. Negotiation and conclusion of commercial transactions for third parties
    33. Loyalty, incentive and bonus program services
    34. Trade fairs and exhibitions
    35. Search engine marketing services
    36. Advertising services provided via the internet
    37. Web site traffic optimization
    38. Search engine optimisation
    39. Pay-per-click advertising
    40. Online advertisements.