The trademark The Arcadium was filed by The Arcadium GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 23, 2020, and received one opposition filed on July 23, 2020 by ARCADEON/HWW Seminar- und Tagungsbetrieb GmbH on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 23, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on April 19, 2020. Appointment and Replacement of representative of the trademark registration was recorded on October 12, 2020. Deletion of the representative of the trademark registration was recorded on March 28, 2022. Appointment and Replacement of representative of the trademark registration was recorded on March 30, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Diving equipment
Scientific and laboratory devices for treatment using electricity.
The mark was filed in class 25 with following description of goods:
Footwear
Parts of clothing, footwear and headgear
Headgear
Clothing.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Auctioneering services
Newspaper subscriptions
Mediation and conclusion of commercial transactions for others
Administrative processing of purchase orders placed by telephone or computer
Administrative processing of computerized purchase orders
Administrative processing and organising of mail order services
Administrative processing of purchase orders within the framework of services provided by mail-order companies
Administrative services relating to dental health insurance
Foreign trade information and consultation
Provision of information concerning commercial sales
Outsourcing services in the nature of arranging procurement of goods for others
Automatic re-ordering service for business
Consultancy services relating to the procurement of goods and services
Advisory services relating to commercial transactions
Advisory services relating to the purchase of goods on behalf of others
Advisory services relating to the purchase of goods on behalf of business
Consultancy relating to costing of sales orders
Advisory and consultancy services relating to the procurement of goods for others
Consulting in sales techniques and sales programmes
Provision of an on-line marketplace for buyers and sellers of goods and services
Commercial information and advice for consumers for the selection of products and services
Procurement of goods on behalf of other businesses
Purchasing of goods and services for other businesses
Alcoholic beverage procurement services for others [purchasing goods for other businesses]
Providing commercial information to consumers
Providing market information in relation to consumer products
Providing information via the Internet relating to the sale of automobiles
Providing consumer product information via the Internet
Providing hotel rate comparison information
Providing consumer information relating to goods and services
Goods or services price quotations
Bidding quotation
Energy price comparison services
Electronic order processing
Comparison shopping services
Import agency services
Import and export services
Coupon procurement services for others
Computerised stock ordering
Computerized on-line ordering services
Clerical services for the taking of sales orders
Import-export agencies in the field of energy
Export agency services
Wholesale ordering services
Ordering services for third parties
Procurement services for others [purchasing goods and services for other businesses]
Procurement services for others relating to office requisites
Purchasing services
Purchasing agency services
Arranging and conducting sales events for livestock
Arranging and conducting sales events for cattle
On-line ordering services in the field of restaurant take-out and delivery
Online ordering services
Provision of online price comparison services
Providing consumer product advice relating to software
Providing consumer product advice relating to laptops
Providing consumer product advice relating to cosmetics
Providing consumer product advice
Commercial administration of the licensing of the goods and services of others
Tariff information and advisory services
Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding
Product sales rankings information
Information about sales methods
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Business administration services for processing sales made on the internet
Providing consumer product information relating to software
Providing consumer product information relating to laptops
Providing consumer product information relating to food or drink products
Providing consumer product information relating to cosmetics
Commercial information and advice services for consumers in the field of beauty products
Commercial information and advice services for consumers in the field of make-up products
Commercial information and advice services for consumers in the field of cosmetic products
Providing consumer product information
Consumers (Commercial information and advice for -) [consumer advice shop]
Arranging and conducting sales events for others of livestock and registered and commercial cattle
Arranging business introductions relating to the buying and selling of products
Advice relating to barter trade
Price analysis services
Price comparison rating of accommodations
Price comparison services
Production of teleshopping programmes
Telephone order-taking services for others
Telemarketing services
Arranging and conducting of flea markets
Negotiation of contracts relating to the purchase and sale of goods
Negotiation of contracts with health care payors
Export promotion services
Sales management services
Sales administration
Negotiation and conclusion of commercial transactions for third parties
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Subscriptions (arranging of) to books, reviews, newspapers or comic books
Arranging subscriptions to a television channel
Arranging subscriptions to information media
Arranging subscriptions to information packages
Arranging subscriptions to Internet services
Arranging subscriptions to media packages
Arranging subscriptions to telephone services
Arranging subscriptions to electronic journals
Arranging of contracts for the purchase and sale of goods and services, for others
Procurement of contracts concerning energy supply
Procurement of contracts for the purchase and sale of goods and services
Procuring of contracts for the purchase and sale of goods
Arranging of contracts, for others, for the providing of services
Arranging of contracts for others for the buying and selling of goods
Procurement of contracts for others relating to the sale of goods
Procurement of contracts [for others]
Arranging of collective buying
Brokerage of name and address based lists
Arranging of buying and selling contracts for third parties
Arranging of contractual [trade]services with third parties
Arranging of trading transactions and commercial contracts
Arranging commercial transactions, for others, via online shops
Mediation of trade business for third parties
Arranging of commercial and business contacts
Business intermediary and advisory services in the field of selling products and rendering services
Subscription to an information media package
Subscriptions (arranging -) to a telematics, telephone or computer service [internet]
Arranging subscriptions to telecommunication services for others
Arranging of subscriptions for the publications of others
Subscriptions to telecommunications database services
Arranging subscriptions of the online publications of others
Subscriptions to electronic journals
Subscription to a television channel
The bringing together, for the benefit of others, of a variety of insurance services, enabling consumers to conveniently compare and purchase those services
The bringing together, for the benefit of others, of a variety of telecommunications services, enabling consumers to conveniently compare and purchase those services
Administrative processing of warranty claims
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
Administrative order processing
Administrative services relating to warranty claims processing
Administrative services relating to the referral of patients
Administrative services relating to the referral of clients to lawyers
Administrative services relating to employee stock plans
Management on behalf of industrial and commercial enterprises in terms of supplying them with office requisites
Administration of newspaper subscription [for others]
Chamber of commerce services for the promotion of businesses
Chamber of commerce services for the promotion of commerce
Negotiation of commercial transactions for third parties
Intermediary services relating to advertising
Arranging newspaper subscriptions
Arranging newspaper subscriptions for others
Arranging the buying of goods for others
Mediation of contracts for purchase and sale of products
Mediation of agreements regarding the sale and purchase of goods
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to articles for use with tobacco
Retail services in relation to sun tanning appliances
Retail services in relation to printed matter
Retail services in relation to meats
Retail services in relation to gardening articles
Retail services in relation to hearing protection devices
Retail services in relation to physical therapy equipment
Retail services in relation to fabrics
Retail services in relation to metal hardware
Retail services in relation to headgear
Retail services in relation to musical instruments
Retail services in relation to preparations for making beverages
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to cleaning articles
Retail services in relation to jewellery
Retail services in relation to footwear
Retail services in relation to animal grooming preparations
Retail services in relation to diving equipment
Retail services in relation to toiletries
Retail services in relation to time instruments
Retail services in relation to non-alcoholic beverages
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to recorded content
Retail services in relation to sex aids
Retail services in relation to veterinary instruments
Retail services in relation to veterinary apparatus
Retail services in relation to sanitary installations
Retail services in relation to medical instruments
Retail services in relation to horticulture products
Retail services in relation to water supply equipment
Retail services in relation to educational supplies
Retail services in relation to teas
Retail services in relation to bags
Retail services in relation to tobacco
Retail services in relation to bedding for animals
Retail services in relation to saddlery
Retail services in relation to foodstuffs
Retail services in relation to cocoa
Retail services in relation to heaters
Retail services in relation to luggage
Retail services in relation to litter for animals
Retail services in relation to floor coverings
Retail services in relation to beer
Retail services in relation to lighting
Retail services in relation to baked goods
Retail services in relation to cooling equipment
Retail services in relation to food cooking equipment
Retail services in relation to heating equipment
Retail services in relation to sanitation equipment
Retail services in relation to veterinary articles
Retail services in relation to fuels
Retail services in relation to earthmoving equipment
Retail services in relation to threads
Retail services in relation to yarns
Retail services in relation to freezing equipment
Retail services in relation to tableware
Retail services in relation to cookware
Retail services in relation to works of art
Retail services in relation to art materials
Retail services in relation to refrigerating equipment
Retail services in relation to dietary supplements
Retail services in relation to veterinary preparations
Retail services in relation to sewing articles
Retail services in relation to umbrellas
Retail services in relation to cleaning preparations
Retail services in relation to lubricants
Retail services in relation to weapons
Retail services in relation to wall coverings
Retail services in relation to chemicals for use in forestry
Retail services in relation to chemicals for use in horticulture
Retail services in relation to chemicals for use in agriculture
Retail services in relation to dietetic preparations
Retail services in relation to festive decorations
Retail services in relation to agricultural equipment
Retail services in relation to medical apparatus
Retail services in relation to information technology equipment
Retail services in relation to hand-operated tools for construction
Retail services in relation to hand-operated implements for construction
Retail services in relation to frozen yogurts
Retail services in relation to audio-visual equipment
Retail services in relation to sporting articles
Retail services in relation to games
Retail services in relation to chocolate
Retail services in relation to stationery supplies
Retail services in relation to dairy products
Retail services in relation to coffee
Retail services in relation to seafood
Retail services in relation to navigation devices
Retail services in relation to beauty implements for animals
Retail services in relation to beauty implements for humans
Retail services in relation to hygienic implements for animals
Retail services in relation to hygienic implements for humans
Retail services in relation to fodder for animals
Retail services in relation to sorbets
Retail services in relation to vehicles
Retail services in relation to furnishings
Retail services in relation to desserts
Retail services in relation to cutlery
Retail services in relation to construction equipment
Retail services for works of art provided by art galleries
Retail services relating to automobile parts
Retail services relating to automobile accessories
Retail services in relation to building materials
Retail services in relation to clothing accessories
Retail services relating to flowers
Retail services in relation to bicycle accessories
Retail services in relation to paints
Retail services relating to delicatessen products
Retail services relating to fruit
Retail services in relation to gardening products
Retail services in relation to hair products
Retail services in relation to pet products
Retail services in relation to mobile phones
Retail services in relation to fashion accessories
Retail services relating to furs
Retail services in relation to toys
Retail services relating to sporting goods
Retail services relating to candy
Retail services in relation to domestic electrical equipment
Retail services in relation to domestic electronic equipment
Retail services via global computer networks related to beer
Retail services via global computer networks related to foodstuffs
Retail services via global computer networks related to non-alcoholic beverages
Retail services via global computer networks related to alcoholic beverages (except beer)
Retail services relating to accumulators
Retail services relating to batteries
Retail services connected with the sale of subscription boxes containing beers
Book club services retailing books to its members
Retail services relating to fragrancing preparations
Retail services relating to food preparation implements
Retail services relating to home textiles
Retail services connected with the sale of subscription boxes containing cosmetics
Retail services in relation to kitchen appliances
Retail services relating to kitchen knives
Retail services connected with the sale of subscription boxes containing food
Retail services connected with the sale of subscription boxes containing chocolates
Retail services in relation to safes
Retail services in relation to pushchairs
Retail services in relation to cups and drinking glasses
Retail services relating to alcoholic beverages
Retail services relating to audiovisual equipment
Retail services relating to horticultural products
Retail services relating to live animals
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail of third-party pre-paid cards for the purchase of clothing
Retail services in relation to wearable computers
Retail of third-party pre-paid cards for the purchase of multimedia content
Retail of third-party pre-paid cards for the purchase of telecommunication services
Retail of third-party pre-paid cards for the purchase of entertainment services
Retail store services in the field of clothing
Retail services in relation to clothing
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to computer hardware
Retail services in relation to computer software
Retail services in relation to disposable paper products
Retail services in relation to ice creams
Retail services in relation to confectionery
Retail services in relation to car accessories
Retail services relating to fake furs
Retail services relating to food
Retail services in relation to furniture
Retail services connected with stationery
Retail services in relation to smartphones
Retail services in relation to smartwatches
Retail services in relation to sporting equipment
Shop retail services connected with carpets
Retail services in relation to horticulture equipment
Retail services in relation to downloadable music files
Retail services in relation to downloadable electronic publications
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to jewellery
Wholesale services in relation to footwear
Wholesale services in relation to animal grooming preparations
Wholesale services in relation to toiletries
Wholesale services in relation to articles for use with tobacco
Wholesale services in relation to heating equipment
Wholesale services in relation to food cooking equipment
Wholesale services in relation to cooling equipment
Wholesale services in relation to clothing
Wholesale services in relation to printed matter
Wholesale services in relation to vehicles
Wholesale services in relation to meats
Wholesale services in relation to freezing equipment
Wholesale services in relation to fabrics
Wholesale services in relation to metal hardware
Wholesale services in relation to headgear
Wholesale services in relation to works of art
Wholesale services in relation to art materials
Wholesale services in relation to refrigerating equipment
Wholesale services in relation to stationery supplies
Wholesale services in relation to preparations for making alcoholic beverages
Wholesale services in relation to cleaning articles
Wholesale services in relation to educational supplies
Wholesale services in relation to weapons
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to alcoholic beverages (except beer)
Wholesale services in relation to chemicals for use in forestry
Wholesale services in relation to chemicals for use in horticulture
Wholesale services in relation to chemicals for use in agriculture
Wholesale services in relation to veterinary articles
Wholesale services in relation to beer
Wholesale services in relation to fuels
Wholesale services in relation to fragrancing preparations
Wholesale services in relation to furnishings
Wholesale services in relation to litter for animals
Wholesale services in relation to earthmoving equipment
Wholesale services in relation to threads
Wholesale services in relation to yarns
Wholesale services in relation to luggage
Wholesale services in relation to tableware
Wholesale services in relation to cookware
Wholesale services in relation to veterinary preparations
Wholesale services in relation to veterinary preparations and articles
Wholesale services in relation to furniture
Wholesale services in relation to dietary supplements
Wholesale services in relation to sewing articles
Wholesale services in relation to cleaning preparations
Wholesale services in relation to umbrellas
Wholesale services in relation to saddlery
Wholesale services in relation to lubricants
Wholesale services in relation to tobacco
Wholesale services in relation to bags
Wholesale services in relation to dietetic preparations
Wholesale services in relation to agricultural equipment
Wholesale services in relation to baked goods
Wholesale services in relation to construction equipment
Wholesale services in relation to floor coverings
Wholesale services in relation to cutlery
Wholesale services in relation to desserts
Wholesale services in relation to navigation devices
Wholesale services in relation to food preparation implements
Wholesale services in relation to hygienic implements for humans
Wholesale services in relation to hygienic implements for animals
Wholesale services in relation to coffee
Wholesale services in relation to confectionery
Wholesale services in relation to kitchen knives
Wholesale services in relation to seafood
Wholesale services in relation to dairy products
Wholesale services in relation to beauty implements for animals
Wholesale services in relation to games
Wholesale services in relation to toys
Wholesale services in relation to sporting articles
Wholesale services in relation to sporting equipment
Wholesale services in relation to wall coverings
Wholesale services in relation to festive decorations
Wholesale services in relation to frozen yogurts
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to hand-operated tools for construction
Wholesale services in relation to information technology equipment
Wholesale services in relation to sanitation equipment
Wholesale services relating to automobile parts
Wholesale services relating to automobile accessories
Wholesale services in relation to lighting
Wholesale services in relation to ice creams
Wholesale services in relation to sorbets
Wholesale services in relation to fodder for animals
Wholesale services in relation to heaters
Wholesale services in relation to cocoa
Wholesale services in relation to foodstuffs
Wholesale services relating to furs
Wholesale services in relation to chocolate
Wholesale services in relation to beauty implements for humans
Wholesale services relating to sporting goods
Wholesale services in relation to bedding for animals
Wholesale services relating to candy
Wholesale services in relation to teas
Wholesale services in relation to water supply equipment
Wholesale services in relation to audio-visual equipment
Wholesale services in relation to horticulture products
Wholesale services in relation to medical apparatus
Wholesale services in relation to medical instruments
Wholesale services in relation to sanitary installations
Wholesale services in relation to veterinary apparatus
Wholesale services in relation to veterinary instruments
Wholesale services relating to flowers
Wholesale services in relation to computer hardware
Wholesale services in relation to computer software
Wholesale services in relation to disposable paper products
Wholesale services relating to fake furs
Wholesale services in relation to horticulture equipment
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services via catalogues related to beer
Retail services via catalogues related to foodstuffs
Retail services via catalogues related to non-alcoholic drinks
Retail services via catalogues related to alcoholic beverages (except beer)
Online retail store services relating to cosmetic and beauty products
Online retail store services relating to clothing
Online retail services for downloadable ring tones
Online retail services for downloadable digital music
Online retail services for downloadable and pre-recorded music and movies
Online retail services relating to clothing
Online retail services relating to handbags
Online retail services relating to jewelry
Online retail services relating to cosmetics
Online retail services relating to luggage
Online retail services relating to toys
Unmanned retail store services relating to drink
Unmanned retail store services relating to food
Rental of sales stands
Mail order retail services for cosmetics
Mail order retail services for clothing
Mail order retail services related to beer
Mail order retail services related to foodstuffs
Mail order retail services related to non-alcoholic beverages
Mail order retail services related to alcoholic beverages (except beer)
Mail order retail services connected with clothing accessories.
The mark was filed in class 38 with telecommunication servies and Provision and rental of telecommunications facilities and equipment..
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Ticket reservation and booking services for education, entertainment and sports activities and events
Publishing, reporting, and writing of texts
Translation and interpretation
All services included in this class solely relating to music, music production or music production technology.