The trademark Harley Quinn was filed by Shape Solutions GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 1, 2020, and received one opposition filed on May 28, 2020 by DC COMICS on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ALLEN & OVERY LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 28, 2020
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 June 1, 2020. Appointment and Replacement of representative of the trademark registration was recorded on August 11, 2020.
Goods And Services
The mark was filed in class 34 with following description of goods:
Tobacco
Tobacco jars
Tobacco filters
Tobacco pouches
Tobacco pipes
Leaf tobacco
Tobacco products
Tobacco substitutes
Tobacco tins
Absorbent paper for tobacco pipes
Tobacco and tobacco substitutes
Tobacco and tobacco products (including substitutes)
Flavored tobacco
Manufactured tobacco
Smokeless tobacco
Raw tobacco
Electronic smoking pipes
Snuff with tobacco
Snus with tobacco
Herbal molasses [tobacco substitutes]
Japanese shredded tobacco (kizami tobacco)
Flavourings for tobacco
Humidifiers for tobacco
Roll-your-own tobacco
Tobacco pipes of precious metal
Pipe racks for tobacco pipes
Snuff without tobacco
Snus without tobacco
Spittoons for tobacco users
Tobacco products for the purpose of being heated
Cigarettes containing tobacco substitutes
Absorbent paper for tobacco
Tobacco pipes, not of precious metal
Inhalers for use as an alternative to tobacco cigarettes
Cigars for use as an alternative to tobacco cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
Hand held machines for injecting tobacco into paper tubes
Pipes for smoking mentholated tobacco substitutes
Flavorings, other than essential oils, for tobacco substitutes
Cases, not of precious metal for pipes
Tobacco free cigarettes, other than for medical purposes
Tobacco tar for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Tobacco substitutes not for medical purposes
Devices for heating tobacco substitutes for the purpose of inhalation
Tea for smoking as a tobacco substitute
Devices for heating tobacco for the purpose of inhalation
Tobacco free oral nicotine pouches [not for medical use]
Loose, rolling and pipe tobacco
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Inhalable aerosols and carrier substances therefor, for use in water pipes
Chewing tobacco
Herbs for smoking
Pipe tobacco
Smoking tobacco
Snuff
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Hookah tobacco
Cigarette tobacco
Cigarettes
Cigarette filters
Cigarette paper
Cigarette tubes
Cigarette holders
Cigarette lighters
Cigarette tips
Ashtrays
Books of cigarette papers
Electronic cigarettes
Cigarette cases
Cigarette cases made of precious metal
Mouthpieces for cigarette holders
Liquefied gas cylinders for cigarette lighters
Cigarette lighters, not of precious metal
Cigarette lighters not for land vehicles
Cigarette holders not of precious metal
Cigarette cases not of precious metal
Liquid solutions for use in electronic cigarettes
Electronic cigarette boxes
Electronic cigarette cases
Cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Electronic cigarette cleaners
Electronic cigarette atomizers
Holders for electronic cigarettes
Refill cartridges for electronic cigarettes
Smokeless cigarette vaporizer pipes
Ready-made cigarette tubes with filters
Cigarette boxes of precious metal
Cigarette lighter holders
Cigarette lighters of precious metal
Flavourings, other than essential oils, for use in electronic cigarettes
Cigarette lighter holders, not of precious metal
Cigarette lighter holders of precious metal
Pocket machines for rolling cigarettes
Electronic cigarette cartomizers
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of propylene glycol