The trademark TonerPartner was filed by TonerPartner Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 3, 2020, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on June 2, 2020 by Ledum Kamara, s.r.o. on Art. 8(4). the opponent was represented by Bárová, Petra and its proceedings were handled in English The second opposition filed on June 2, 2020 by Ledum Kamara SK s.r.o. on Art. 8(4). the opponent was represented by V4 LEGAL, S.R.O. and its proceedings were handled in English The third opposition filed on May 27, 2020 by Ledum Kamara, s.r.o. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Bárová, Petra and its proceedings were handled in English
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 January 28, 2020. A transfer of the trademark registration was recorded on December 20, 2021.
The Opposition with reference B 003122453 was refused according to Article 8(1)(b) EUTMR with decision issued on February 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 2 with following description of goods:
Dyestuffs
Printers' pastes [ink]
Printing ink
Toner cartridges, filled, for printers and photocopiers
Toners and toner cartridges [filled] for electronic data processing apparatus, printers and photocopiers
Ink cartridges [filled]
Toner including toner for photocopiers and fax machines
Metals in foil and powder form for printers.
The mark was filed in class 9 with Image drums and Empty ink cartridges and empty toner cartridges for electronic data processing apparatus, printers and copiers..
The mark was filed in class 16 with following description of goods:
Labels of paper
Cardboard labels
Ink ribbons
Inking ribbons for labelling apparatus and printers.
The mark was filed in class 35 with Retailing or wholesaling relating to paints, printers' pastes [ink], printing inks, toner cartridges [filled] for printers and photocopiers, toners and toner cartridges [filled] for electronic data processing apparatus, printers and photocopiers, ink cartridges [filled], toners for photocopiers and facsimile apparatus, metal in foil form and metals in powder form for use in printing and Retailing or wholesaling relating to imaging drums, empty ink cartridges and empty toner cartridges for electronic data processing apparatus, printers and copiers, labels of paper, cardboard labels, inking ribbons, inking ribbons for labelling apparatus and printers..