The trademark Black Coast was filed by KHG GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 11, 2020, and received one opposition filed on July 14, 2020 by EL CORTE INGLES, S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2020
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:
Essential oils
Scented wood
Fragrances for linen and clothing in scented sachets
Air fragrancing preparations
Household fragrances
Potpourris [fragrances]
Fumigation preparations [perfumes]
Joss sticks
All goods except goods for body care and perfumery and cosmetics products.
The mark was filed in class 4 with following description of goods:
Perfumed candles
Tapers
Tealights.
The mark was filed in class 6 with following description of goods:
Statues and statuettes of common metal
Towel hooks of metal
Keys of metal
Nails.
The mark was filed in class 7 with following description of goods:
Automatic ironing machines
Juice extractors
Dishwashers
Vacuum cleaners
Kitchen grinders
Washing apparatus
Crushers
Automatic vending machines.
The mark was filed in class 8 with following description of goods:
Boxes adapted for cutlery
Cake dividers
Cake knives
Cake cutters
Masons' trowels
Hand tools and implements (hand-operated)
Peelers
Cutlery
Side arms
Razors
Pince-nez glasses
Nippers
Blades for planes
Table cutlery
Fire irons
Reamers
Sharpening steels
Sharpening stones
Tin-openers
Hack saws
Daggers
Hand drills [hand tools]
Cutting tool
Files [tools]
Shaving instruments
Vegetable knives
Farriers' pincers
Planes
Hair-removing tweezers
Ice axes
Knives
Crowbars
Tin openers
Rakes
Hand-operated jigsaws
Carving knives
Hair curling tongs
Scythes
Chisels
Mortars
Trowels
Nail files
Nail nippers
Penknives
Pincers
Pizza slicers
Pliers
Razor blades
Scissors
Pruning scissors
Keys
Screwdrivers
Spades
Saws [hand tools].
The mark was filed in class 9 with following description of goods:
Hydrometers
Measuring cups
Egg timers
Cable ducts
Kitchen weighing scales
Personal weighing scales
Thermometers
Weather stations
Scientific, nautical, photographic, cinematographic and optical apparatus and instruments
Apparatus and instruments for weighing, measuring, signalling, checking (supervision) and teaching
Surveying apparatus and instruments
Magnetic data media
Recordable discs
Mechanisms for coin-operated apparatus
Coin-operated mechanisms for vending machines
Cash registers
Calculating devices
Data-processing equipment and computers
Fire-extinguishing apparatus
Alarms
Alarm bells
Ammeters
Electronic notice boards
Antennas
Barometers
Batteries
Fire extinguishers
Letter scales
Door bells
Pince-nez chains
Spectacle cases
Binoculars
Directional compasses
Fire alarms
Life buoys
Acoustic alarms
Magnets
Trackpads
Megaphones
Neon signs
Slide-rules
Socket protectors
Protective helmets for sports
Eye protection wear for sports
Sunglasses
Pedometers
Sockets, plugs and other contacts [electric connections]
Electronic buzzers
Answering machines
Fuses
Telephones
Rulers
Scales
Reflective jackets
Monitors
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Sound transmitting apparatus
Apparatus for the transmission of images
Apparatus for the reproduction of images
Sound reproduction apparatus
Apparatus for recording images
Sound recording apparatus.
The mark was filed in class 11 with following description of goods:
Extraction systems
Sinks
Exhaust hoods for kitchens
Jobsite lighting
Taps [faucets]
Ovens
Baking ovens
Bathtubs
Barbecue grills
Lighting apparatus
Lamps
Bread-making machines
Christmas tree lights
Steamers
Ceiling lights
Deck lights
Range hoods
Showers
Shower stalls
Egg cookers
Ice boxes
Flaming torches
Fryers
Gas hobs
Deep freezing apparatus
Chest freezers
Fondue and raclette makers
Glass edge lighting
Light bulbs
Grills
Hair driers [dryers]
Household and kitchen apparatus, namely electric cooking and refrigerating apparatus
Halogen spotlights
Hearths
Hob cover plates
Induction hobs
Electric coffee brewers
Automatic coffee-dispensing machines
Fume extractor hoods for fireplaces
Fireplaces, domestic
Cooking hobs
Cooking appliances
Wreath lights
Chandeliers
Globes for lamps
Combinations of refrigerators and freezers, included in Class 11
Refrigerating apparatus
Refrigerating cabinets
Lighting lamps
Lamp accessories
Lamp glasses
Lamp globes
Lamp shades
Lamp chimneys
Fairy lights
Lanterns for lighting
LED lighting
Luminaires
Fluorescent lamp tubes
Strings of lights
Microwave ovens
Water mixers
RGB alternating light lamps
Sandwich makers (toasters)
Hot sandwich toasters
Desk lamps
Base lights
Solar-powered lights
Solar-powered fairy lights
Mirror lights
Sinks
Floor lamps
Electric torches
Teppanyaki grills
Filters for drinking water
Air circulation sets
Warming drawers
Sink units
Water filtering apparatus
Wine refrigerators
Fireplaces, domestic
Lamps and lights and parts therefor, namely shades and stands
Cookers
Freezers
Household or kitchen utensils, namely toasters, grills, other cooking, heating and refrigerating apparatus, other apparatus and equipment for treating foodstuffs and beverages, and personal heating and drying apparatus, included in class 11
Clothes dryers
Built-in bath tubs being sanitary installations
Air-conditioning and ventilating apparatus
Bidets
Arc lamps
Bicycle lights
Electric lamps
Electric pressure cooking saucepans
Heating elements
Blankets, electric
Not for medical purposes
Ventilating fans
Air hair dryers
Gas burners
Gas cookers
Cooking rings
Cooking utensils, electric
Coloured lights
Lamp reflectors
Driers (Air -)
Fluorescent lighting tubes
Massage baths
Oil lamps
Hotplates
Coffee roasters
Roasting spits
Igniters
Waffle irons
Heating boilers
Taps [cocks, spigots] [faucets (Am.)] for pipes
Apparatus for ventilating
Cooking apparatus and installations
Water supply installations
Apparatus for heating
Apparatus for drying
Sanitary apparatus and installations
Steam generating apparatus.
The mark was filed in class 12 with following description of goods:
Equipment trolley
Bar cars
Television trolleys
Dining cars (carriages)
Reading trolleys
General purpose trolleys
Dollies [trolleys]
Table trolleys.
The mark was filed in class 16 with following description of goods:
Stationery (Cabinets for -) [office requisites]
Stationery (cabinets for -) [office requisites]
Paperweights
Pictures
Bookends
Cookery books
Art prints
Notice boards
Table napkins of paper
Gift wrap paper
Paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packing (not included in other classes)
Printers' type
Printing blocks
Posters
Aquarelles
Watercolours
Scrapbooks
Almanacs
Notebooks
Atlases
Writing tablets
Pencils
Inkwells
Bookmarkers
Tablecloths of paper
Table napkins of paper
Desk trays
Letter-openers
Desk trays
Books
Rub down transfers
Document files [stationery]
Labels of paper
Photograph stands
Paper-clips
Globes
Graphic images
Graphic reproductions
Graphic prints
Holiday cards
Writing slates
Squares for drawing
Bibs of paper
Manuals [handbooks]
Paper punchers
Booklets
Filters (Paper coffee -)
Calendars
Cardboard
Maps
Catalogues
Chalk holders
Sachets
Ledgers [books]
Rulers
Stencil plates
Painters' brushes
Canvas for painting
House painters' rollers
Painters' easels
Paintings
Marking chalk
Handkerchiefs of paper
Ink pens
Portraits
Loose-leaf binders
Sketch pads
Painting pencils
Comic books
Writing materials
Paper for writing
Writing instruments
Writing tablets
Garbage bags of paper or of plastics
Corkboard pins
Steel pens
Sealing stamps
Blackboard dusters
Blackboards
Dispensers for tape strips
Postcards.
The mark was filed in class 18 with following description of goods:
Tins (included in class 18)
Coverings of skins or hides
Animal skins, hides
Chests (included in class 18)
Leather and imitation leather
Leather cover materials
Furniture trimmings and furniture coverings of leather and imitations of leather
Boxes (included in class 18)
Boxes made of leather
Studs of leather
Leather for furniture
Furniture coverings of leather
Hide
Hides
Fur
Trimmings of leather for furniture
All goods except goods for clothing and accessories for clothing, namely shoes, headgears, jewellery, handbags, briefcases, key cases, trunks and travelling bags, umbrellas, parasols, walking sticks, purses and bags, included in this class.
The mark was filed in class 19 with following description of goods:
Edge trims, not of metal
Glass doors
Elements of glass for doors
Glass shelves for drawers and cupboards
Non-metallic sheets for doors
Jalousies, not of metal.
The mark was filed in class 20 with following description of goods:
Racks being furniture made of non-metallic materials
Shelves for storage
Filing cabinets
Dressing benches
Credenzas [furniture]
Medicine cabinets
Countertops
Medicine cabinets
Storage tins
Cot
Furniture for the bathroom
Benches [furniture]
Stepstools
Cocktail units [furniture]
Barstools
Bar tables
Bar counters
End tables
Fittings (Non-metallic -) for cupboards
Fittings for curtain rods, not of metal
Fittings for blinds, not of metal
Fittings for slatted blinds, not of metal
Fittings for jalousies, not of metal
Broom cupboards
Beds
Bed frames
Bed frames
Libraries
Picture frames
Bistro tables
Stools for flowers
Flower stands
Reading easels
Floor pillows
Box-spring beds
Library shelves
Bookcases
Sideboards
Office furniture
Rollers
Computer tables
Coffee tables
Finishing collars for furniture
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Chifforobes
Rotating TV stands
Swivel chairs
Nests of tables
Dowels (wooden pegs)
Corner benches
Fitted kitchens
Insert trays
Reception desks
Bunk beds
Furniture shelves
Folding mattresses
Casks
TV chairs
Works of art, of wood, wax, plaster or plastic
Bottle racks
Bottle closures
Swinging chair
Vanity units
Function chairs
Function sofas
Foot stools
Gallery floors, namely removable shelves/racks for furniture (furniture)
Coat racks
Cloakroom benches
Hooks for clothes rails
Cloakroom combinations
Coatstands
Coat rails
Curtain hooks
Curtain holders
Support rails for curtains
Equipment cabinets
Plate racks
Spice racks
Spice cabinets
Handles
Grab bars
Hook racks
Towel cabinets
Fireguards
Wall-mounted shelving
Wall cupboards
Wall cupboard shelves
Display cabinets
Valet stands
Bunk beds
Tall cupboards
Stools
Trouser racks
Hat stands
Slatted indoor blinds
Interior textile window blinds
Chests
High chairs for babies
Cushions
Chests
Clothes hangers and clothes hooks
Coathooks
Garment bags
Wardrobe lockers
Clothes stands
Garment rails
Small items of furniture
Knee cushions
Chests of drawers
Consoles
Head-rests (furniture) and cushion supports
Pillows
Baskets
Cork
Kitchen units
Furniture for kitchens
Kitchen cupboards
Skid frames
Works of art of wood, wax, plaster or plastic
Lamp tables
Bed bases
Leather furniture
Lecterns
Couches
Easy chairs
Mattresses
Media tables
Media benches
Media shelves
Media cupboards
Media stands
Media towers
Media walls
Media wall shelves
Furniture and parts of furniture
Furniture, window and door fittings
Furniture panels
Bedside tables
Bedside cabinets
Trellis
TV panels
Screens
Fitting strips
Furniture for phono systems
Upholstered beds
Upholstered furniture
Armchairs
Picture frame moldings
Desks
Racks
Rattan
Roman blinds
Blinds of textile
Slat curtains
Room dividers
Recamiers
Racks
Shelf combinations
Shelving sets
Pedestal cabinets
Blinds for attaching to furniture, not of metal
Blinds (roller blinds) of wood or bamboo
Display racks
Stools
Sliding door cabinets
Signboards of wood or plastics
Capsules [non-metallic containers]
Umbrella stands
Extendible sofas
Key holders
Key deposits
Cupboards
Top rims for cupboards
Passpartouts for cupboards
Modular cupboards
Wall chests
Screws
Shelves for typewriters
Writing desks
Desks
Drawer inserts
Drawer elements
Drawer shelves
Lockers
Shoe cabinets
Shoe cabinets
Shoe cabinets
Writing desks
Tea-trolleys
Easy-chairs
Wall chests
Benches [furniture]
Seats
Chair pads
Beanbags
Sculptural hooks
Base panels
Sofas
Trellis panels (poles for supporting plants)
Stakes, not of metal, for plants or trees
Meat safes
Mirrors, included in class 20
Mirror tiles
Mirrored cabinets
Play beds
Chests for toys
Ladders of wood or plastics
Sink cupboards
Flower-pot pedestals
Pins
Seats
Tanks
Tables
Table tops
Dressing tables
Door handles of porcelain
Transport containers
Footlockers
Rotating modules for TV speakers
Tables for TV speakers
TV wall brackets
Drop sides for beds
Furniture trolleys
Base cabinet shelves
Vertikos
Vitrines
Curtain rails
Larders
Trolleys for computers (furniture)
Wall edging profiles
Folding wall beds
Wall hooks
Furniture made from wood or substitutes of wood
Bedsteads of wood or wood substitutes
Busts of wood or wood substitutes
Boxes of wood or wood substitutes
Bottle casings of wood or wood substitutes
Woven timber blinds [furniture]
Wood ribbon
Works of art, of wood or wood substitutes
Furniture partitions of wood or wood substitutes
Placards of wood or wood substitutes
Ladders of wood or wood substitutes
Signboards of wood or wood substitutes
Busts of plastic
Boxes, chests and cases of plastic
Edgings of plastic for furniture
Works of art of plastic
Poster boards of plastic
Rung ladders of plastic
Packaging containers of plastic
Pulleys of plastics for blinds
Linen cupboards
Washstands
Waterbeds
Wine racks
Baby-changing chests
Bassinets
Living room combinations
Sofas
Living room wall units
Drafting tables
Newspaper display stands
Ornamental objects
Hanging systems for kitchen utensils
Drip racks
Shower shelves
Etageres
Glass shelves
Hooks for towels (Non-metallic -)
Bolsters
Figurines (statuettes) of wood, wax, plaster or plastic
Furniture
Mirrors (silvered glass)
Frames
Decorations, furnishings and home accessories of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics (included in class 20)
Display boards
Workbenches
Boxes of wood or plastic
Bamboo
Bamboo curtains
Infant walkers
Flower stands
Divans
Doors for furniture
Door fittings, not of metal
Mattresses
Nesting boxes
Lockers
Curtain tie-backs
Curtain rings
Curtain rails
Poles for curtains
Curtain runners
Hinges, not of metal
Walking frames
Head-rests
Shelves for filing cabinets
Shelves for storage
Edging strips of plastic for furniture
Card files
Hooks (Clothes -) of non-metallic materials
Baskets, non-metallic
Handling pallets, not of metal
Playpens
Picture rods
Air mattresses
Inflatable pillows
Armchairs
Locks not of metal
Massage tables
Furniture fittings, not of metal
Keyboards for hanging keys
Woven blinds of wood
Trolley tables
Seating furniture
School benches
School furniture
Sleeping bags
Cot beds
Ladders.
The mark was filed in class 21 with following description of goods:
Dustbins
Dustbins
Ramekins
Baking tins
Cookery molds [moulds]
Baking spoons
Baking accessories, namely baking dishes, oven gloves, rolling pins, baking and pudding moulds of metal, wood and plastic, springform pans, bain-marie moulds, biscuit moulds, biscuit cutters, baking rings, cake tins, praline and chocolate moulds, praline cases, aluminium cake cases