The trademark W was filed by Techniker Krankenkasse (TK), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 25, 2020, and received one opposition filed on May 15, 2020 by THE RED KIWI, SL on Likelihood of confusion. the opponent was represented by Espinosa Cuartero, Adelaida and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 15, 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:
Perfumery
Essential oils
Cosmetics
Soaps
Cosmetics
Sun creams
Dentifrices.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations
Sanitary preparations for medical purposes
Dietetic foods adapted for medical use
Dietetic substances adapted for veterinary use
Infant formula
Dietary supplements for humans
Medicine cases, portable, filled
Dietary supplements for animals
Plasters, materials for dressings
Dressings, medical
Disinfectants
Dietetic beverages adapted for medical purposes
Medicated soap
Medicinal infusions
Glucose for medical purposes
First-aid boxes, filled.
The mark was filed in class 8 with following description of goods:
Cutlery
Table cutlery [knives, forks and spoons]
Silver plate [knives, forks and spoons]
Razors
Hand tools and implements (hand-operated).
The mark was filed in class 9 with following description of goods:
Swim goggles
Spectacles [optics]
Spectacle cases
Encoded identification bracelets, magnetic
Electronic ID cards
Identity cards, magnetic
Compact discs
DVDs
Digital recording media
Computer operating programs, recorded
Computer screens
Peripherals adapted for use with computers
Recorded computer programs
Computer programs [downloadable software]
Storage apparatus for computer data
Computer databases
Computers for use in data management
Electronic publications, downloadable
Electronic agendas
Connected bracelets [measuring instruments]
Interfaces for computers
Contact lenses
Readers [data processing equipment]
Mobile apps
Cell phones
Optical data media
Head protection
Protective helmets for sports
Safety restraints, other than for vehicle seats and sports equipment
Sunglasses
Sports glasses
Cases adapted for mobile phones
Bags for cameras
Cases adapted for computers
Pocket calculators
Wearable computers
Memory card readers
Electronic memories
Optical memories
Flash memory cards
Memories for data processing equipment
USB cables
Magnetic data media
Smart bracelets
Recording apparatus
Apparatus for the reproduction of images
Apparatus for broadcasting sound, data or images
Portable sound reproducing apparatus
Sound and picture recording apparatus
Playing devices for sound and image carriers.
The mark was filed in class 10 with following description of goods:
Feeding bottle receptacles
Dummies for babies
Teething rings
Surgical apparatus and instruments for dental use
Surgical apparatus and instruments for medical use
Diagnostic, examination, and monitoring equipment
Cushions for medical purposes
Pillows for therapeutic use
Pillows for orthopedic use
Knee guards in the nature of supports [other than sports articles]
Spoons for administering medicine
Non-spill medicine spoons for infants
Massage apparatus
Gloves for massage
Ear plugs [ear protection devices]
Hearing protection devices
Feeding bottle receptacles
Feeding bottle valves
Thermometers for medical purposes.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Gemstones, pearls and precious metals, and imitations thereof
Jewels
Clocks
Time instruments
Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof.
The mark was filed in class 15 with Musical instruments and Musical accessories..
The mark was filed in class 16 with following description of goods:
Millboard
Millboard
Paperboard
Printed matter
Photographs
Office requisites
Adhesives for stationery or household purposes
Drawing materials
Artists' materials
Paintbrushes
Brush pens
Drawing brushes
Teaching materials [except apparatus]
Garbage bags of paper or of plastics
Scrapbooks
Iron-on transfers of paper
Stickers [stationery]
Paper banners
Paper crafts materials
Mats for beer glasses
Pictures
Pencils
Writing paper
Pamphlets
Book covers
Comics
Thank you cards
Document holders [stationery]
Invitation cards
Flags of paper
Filtering materials of paper
Felt marking pens
Broadsheets
Flyers
Photo albums and collectors' albums
Fountain pens
Guest books
Commemorative stamps [seals]
Printed awards
Printed certificates
Greeting cards
Printed coupons
Calendars
Cards
Ball pens
Bookmarkers
Picture books
Paint boxes and brushes
Office binders
Motivational cards
Sheet music in printed form
Jotters
Notepads
Paper tapes
Paper banners
Table napkins of paper
Handkerchiefs of paper
Dinner mats of cardboard
Place mats of paper
Paper doilies
Postcards
Guide books
Ring binders
Boxes of cardboard or paper
Writing and stamping implements
Desk organisers
Albums for stickers
Stickers [stationery]
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Highlighting markers
Hygienic paper
Recycled paper
Place mats of paper
Drip mats of cardboard
Dinner mats of cardboard
Stationery
Correcting and erasing implements.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather
Umbrellas and parasols
Walking sticks
Whips
Harnesses
Saddlery
Covers for animals
Collars for animals
Attaché cases
Work bags
Slings for carrying infants
Shopping bags
Trunks and suitcases
Luggage, bags, wallets and other carriers
Handbags
Suitcases
Traveling trunks
Leather suitcases
Backpacks.
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Picture frames
Containers, not of metal [storage, transport]
Non-metallic containers [other than for household or kitchen use].
The mark was filed in class 21 with following description of goods:
Household utensils
Combs
Sponges
Brushes (except paintbrushes)
Brush-making materials
Articles for cleaning purposes
Statues of porcelain, ceramic, earthenware or glass
Busts of china, terra-cotta or glass
Works of art, of porcelain, terra-cotta or glass
Tableware, cookware and containers.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Linens
Curtains made of textile fabrics
Curtain fabric
Baby blankets
Bath sheets
Banners of textile or plastic
Bed linen
Blankets for household pets
Curtains for showers
Flags of textile or plastic
Curtains
Tea cloths
Towels of textile
Kitchen and table linens
Place mats, not of paper
Textile tissues
Linens.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Layettes [clothing]
Swimming costumes
Bathing caps
Bath sandals
Football boots
Football jerseys
Rain boots
Waist belts
Gloves [clothing]
Head scarves
Tee-shirts
Short-sleeved T-shirts
Caps [headwear]
Nighties
Ear muffs [clothing]
Body warmers
Leg warmers
Neck tubes
Rainwear
Neck scarves [mufflers]
Gym suits
Athletics shoes
Headbands [clothing].
The mark was filed in class 26 with following description of goods:
Twisted cords for clothing
Shoe laces
Buttons
Hooks and eyes
Needles
Artificial flowers
Badges for wear, not of precious metal
Accessories for apparel, sewing articles and decorative textile articles
Charms, other than for jewellery, key rings or key chains
Badges [buttons] (Ornamental novelty -)
Appliqués [haberdashery]
Brassards
Patches for clothing
Belt buckles
Decorative articles for the hair
Patches (Textile -) for ironing-on
Lace
Embroidery.
The mark was filed in class 27 with following description of goods:
Carpets
Carpets for automobiles
Door mats
Wallpaper.
The mark was filed in class 28 with following description of goods:
Games
Toys
Gymnastic and sporting articles
Decorations for Christmas trees
Toy action figurines
Covers (Shaped -) for sporting articles
Cases adapted for sporting articles
Arm guards for sports use
Rattles [playthings]
Sportballs
Balls for games
Balloons
Ball inflators
Building blocks [toys]
Leg guards for athletic use
Articles of clothing for toys
Board games
Chest protectors for sports use
Kites
Fitness exercise machines
Soccer balls
Skill and action games
Gymnastic articles
Handballs
Card games
Children's playthings
Knee guards [sports articles]
Mobiles [toys]
Dolls
Party favors
Bats [sporting articles]
Swimming equipment
Swimming jackets
Balls for games
Balls for games
Card games
Playing balls
Toys, games and playthings
Toys for animals
Sporting articles and equipment.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Sugar
Rice tapioca
Sago
Artificial coffee
Cereal flour
Toasted grain flour
Flour
Bread
Pastries
Truffles [confectionery]
Flour confectionery
Candy coated confections
Edible ices
Sugar, honey, treacle
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Ice.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beer
Mineral water [beverages]
Aerated water
Non-alcoholic beverages
Juices
Fruit beverages and fruit juices
Fruit juice concentrates
Dilutable preparations for making beverages
Non-alcoholic preparations for making beverages
Syrups and other non-alcoholic preparations for making beverages
Juices
Syrups for making beverages
Waters.
The mark was filed in class 33 with Alcoholic beverages (except beers).
The mark was filed in class 35 with following description of goods:
Advertising
Marketing services
Publicity and sales promotion services
Business management
Loyalty, incentive and bonus program services
Public relations services
Distribution of advertising, marketing and promotional material
Event marketing.
The mark was filed in class 36 with following description of goods:
Insurance
Consulting and information concerning insurance
Medical insurance
Medical insurance underwriting
Health insurance underwriting
Consultancy and brokerage services relating to health insurance
Medical insurance brokerage services
Issuance of tokens of value
Issuance of tokens of value
Charitable fund raising
Fund raising services via crowdfunding website.
The mark was filed in class 38 with following description of goods:
Audio, video and multimedia broadcasting via the Internet and other communications networks
Providing user access to computer programmes in data networks
Provision of internet access services
Providing access to data in computer networks
Access to content, websites and portals
Providing access to online computer databases
Provision of on-line forums
Providing internet chatrooms
Telephone services
Communication by online blogs
Electronic communication by means of chatrooms, chat lines and Internet forums
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Providing internet chatrooms
Providing online chatrooms for the transmission of messages, comments and multimedia content among users.
The mark was filed in class 41 with following description of goods:
Sporting education services
Education services relating to road safety
Education information
Education information
Providing of training
Entertainment
Interactive entertainment services
Provision of on-line entertainment
Sporting and cultural activities
Information relating to cultural activities
Recreation information
Provision of educational information
Education and training consultancy
Physical fitness consultation
Providing on-line publications (not downloadable)
Provision of news relating to sport
Vocational training services
Vocational education relating to first aid
Vocational guidance [education or training advice]
Providing sports facilities
Sport camp services
Education and instruction
Training, education, entertainment and sporting activities
Educational services in the healthcare sector
Recreation facilities (Providing -)
Sports and fitness
Arranging and conducting of games
On-line gaming services
Gaming services for entertainment purposes
Provision and management of sporting events
Arranging and conducting of entertainment events
Provision of training and education
Educational and training services relating to healthcare
Conducting educational support programmes for healthcare professionals
Conducting educational support programmes for carers
Educational courses relating to insurance
Conducting educational support programmes for patients
Provision of instruction relating to nutrition
Conducting training courses relating to nutrition online
Keep fit instruction services
Provision of training courses
Conducting courses, seminars and workshops
Arranging and conducting of live entertainment events
Vocational education relating to avoidance of health related problems
Multimedia publishing of electronic publications
Providing electronic publications
Providing on-line publications (not downloadable)
Education services relating to nutrition
Training services relating to first aid
Development of educational materials
Adult education services relating to medicine
Adult education services relating to environmental issues
Tuition
Provision of radio and television entertainment services
Correspondence courses
Film production services
Gymnastic instruction
Publication of printed matter
Publication of printed matter in electronic form on the Internet
Providing non-downloadable electronic publications from a global computer network or the Internet
On-line publication of electronic books and journals (non-downloadable)
Organisation of conferences, exhibitions and competitions
Arranging and conducting of cultural activities
Organisation of conferences and symposia in the field of medical science
Shows and films production
Gymnasium services
Organization of exhibitions for cultural or educational purposes
Instruction courses relating to health
Organisation of competitions [education or entertainment]
Writing services for blogs.
The mark was filed in class 42 with following description of goods:
Updating of computer software
Updating Internet pages
Providing medical and scientific research information in the field of pharmaceuticals and clinical trials
Quality assurance consultancy
Consultancy services relating to quality control
Provision of information and data relating to medical and veterinary research and development
Design, maintenance and up-dating of computer software
Quality control
Quality checking and testing
Software development, programming and implementation
Design, creation and programming of web pages
Design and development of multimedia products
Compilation of scientific information
Research and development services
Testing, authentication and quality control
Science and technology services
Certification [quality control]
Hosting of digital content, namely, on-line journals and blogs.
The mark was filed in class 43 with following description of goods: