The trademark bimby was filed by VORWERK INTERNATIONAL AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 14, 2020, and received one opposition filed on August 13, 2020 by BIMBO, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MARCH & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 13, 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 professional address of the trademark registration was recorded on August 2, 2023. Change of name and professional address of the trademark registration was recorded on October 2, 2024.
The Opposition with reference B 003128502 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 5, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data media
Phonograph records
Data processing equipment
Computers
Computer software
Recorded computer programs
Computer programs [downloadable software]
Data storage devices
Microcircuit data carriers
Data storage media
Digital notepads
Electronic notebooks
Electronic data carriers
Electronic notepads
Electronic publications, downloadable
Flash memory cards
Downloadable electronic brochures
Optical data media
Downloadable electronic publications in the nature of magazines
Electronic publications, downloadable
Magnetic cards for carrying data
Machine readable data carriers
Measuring devices, electric
Measuring spoons
Modems
Optical data carriers bearing recorded software
Software
Computer software applications, downloadable
Surf sticks
UMTS sticks
USB flash drives
Prerecorded flash memory cards
Scales
Computer operating programs, recorded
Computer software for operating electric apparatus for household use in the field of nutrition and health
Recorded and unrecorded mechanical, magnetic, magneto-optical, optical and electronic carriers for sound and/or images and/or data, digital data carriers, compact discs, CD-ROMs, DVDs
Parts and fittings for all the aforesaid.
The mark was filed in class 11 with following description of goods:
Electric machines for making edible ices, Beverage cooling apparatus
Cooking utensils, electric
Electric containers for cooking, electric kitchen machines with integrated cooking functions, fittings for the aforesaid goods
Electric microwave ovens
Electric broilers
Electric yoghurt makers, Bread baking machines, Electric deep fryers, Toasters.
The mark was filed in class 16 with following description of goods:
Printed matter
Stationery and office requisites (except furniture)
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Printed packaging materials of paper
Writing paper
Pamphlets
Books
Office requisites
Printed guides
Printed patterns
Printed recipes sold as a component of food packaging
Printed recipe cards
Printed timetables
Manuals [handbooks]
Envelopes [stationery]
Illustrated notepads
Bags for microwave cooking
Cookery books
Instructional and teaching material (except apparatus)
Notebooks
Notepads
Postcards
Boxes of paper and cardboard
Self-adhesive tapes for stationery or household purposes
Tablecloths of paper
Place mats of paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Plastic materials for packaging
Wrapping materials made of paper
Packaging materials
Wrapping paper
Magazines [periodicals].
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Containers (not of precious metal or coated therewith) for cooking
Accessories for the aforesaid goods included in class 21
Non-electric ice cream makers, Heat-insulated containers for beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Preparing audio-visual presentations for use in advertising
Business management advisory services relating to franchising
Advisory services relating to publicity for franchisees
Provision of assistance [business] in the establishment of franchises
Provision of assistance [business] in the operation of franchises
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Auctioneering provided on the internet
Auctioneering services
Retailing and direct distribution relating to electric and electronic household utensils, namely electric machines for making edible ices, beverage cooling apparatus, cooking utensils, electric, electric containers for cooking and boiling, electric kitchen machines with integrated cooking functions, accessories for the aforesaid goods, electric microwave ovens, electric grills, electric yogurt makers, bread baking machines, deep fryers, electric, toasters, including via the internet
Retailing and direct distribution relating to food, beverages and printed matter, including via the internet
Retailing and direct sale in relation to household goods, namely household or kitchen utensils and containers, containers, not of precious metal or coated therewith, for cooking, accessories for the aforesaid goods, non-electric ice cream makers, heat insulated containers for beverages, including via the internet
Consumers (Commercial information and advice for -) [consumer advice shop]
Publication of publicity texts
Business management assistance in the field of franchising
Assistance in business management within the framework of a franchise contract
Business assistance relating to the establishment of franchises
Assistance in product commercialization, within the framework of a franchise contract
Marketing services
Market analysis
Marketing studies
Opinion polling
Merchandising
Public relations services
On-line advertising on a computer network
Arranging and conducting of advertising events
Organization of exhibitions for commercial or advertising purposes
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Advisory services relating to the corporate structure of businesses
Presentation of companies on the Internet and other media
Production of teleshopping programmes
Production of video recordings for advertising purposes
Production of visual advertising matter
Production of advertising films
Production of advertising matter and commercials
Production of advertising films
Product demonstrations and product display services
Promotional sponsorship
Telephone order-taking services for others
Advisory services (Business -) relating to the establishment of franchises
Advisory services (Business -) relating to the operation of franchises
Arranging of presentations for advertising purposes
Dissemination of advertising matter
Rental of sales stands
Rental of advertising space
Publicity material rental
Negotiation and conclusion of commercial transactions for third parties
Brokerage of name and address based lists
Arrangement of advertising
Publication of advertising literature
Distribution of prospectuses and samples for advertising purposes
Distribution of products for advertising purposes
Dissemination of advertising material [leaflets, brochure and printed matter]
Administration of the business affairs of franchises
Online community management services
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services
Arranging of demonstrations for advertising purposes
Advertising research.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
Credit card payment processing
Payment transaction card services
Bill payment services provided through a website
Arranging of credit
Provision of credit information
Financial rating and credit reports
Equipment financing services
Commodities financing
Financing of consumer purchases
Financing and funding services
Financial advice and consultancy services
Conducting of financial transactions
Credit leasing
Credit brokerage
Installment loans
Consultancy services relating to credit
Credit leasing
Credit agencies
Arranging of loans against security
Online financial transactions
Credit leasing
Business credit verification services
Credit fund transfer services
Financial intermediary services
Credit management services.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Training and further training consultancy
Practical training [demonstration]
Organisation, arranging and conducting of conventions, courses, colloquiums and internships, in support of training
Organisation of events for cultural, entertainment and sporting purposes
Organization of exhibitions for cultural or educational purposes
Organisation of Webinars
Videotape production
Provision of online tutorials
Arranging and conducting of seminars and workshops (training) for training and further training)
Information events and presentations for cultural, sporting and teaching purposes
Organisation and conducting of sporting and cultural events
Arranging and conducting of shows, conferences, congresses and symposiums
Publishing of electronic publications
Providing on-line electronic publications, not downloadable
Publication of texts, other than publicity texts
On-line publication of electronic books and journals (non-downloadable)
Production of educational sound and video recordings
Publication of printed matter in electronic format, including on the Internet
Publication of periodicals and books in electronic form, including on the Internet
Publication of books, leaflets, magazines, web magazines and periodicals
Publication of instructions for recipes, recipe selection, meal planning and menu planning, and cooking and baking instructions on the internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Providing temporary accommodation
Consulting services in the field of culinary arts
Consultancy services relating to baking techniques
Provision of information relating to the preparation of food and drink
Consultancy services relating to food
Consultancy services in the field of food and drink catering
Providing of cooking recipes relating to personal meal planning
Information services in respect of recipes for dishes and drinks, cooking and preparation of food
Information provided via an online database relating to recipes for meals and beverages, cooking and preparing of meals, cooking recipes and cooking tips.