The trademark DIT IS BALIN was filed by Katrin Jacobi, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 17, 2021, and received one opposition filed on May 16, 2021 by BALLY SCHUHFABRIKEN AKTIENGESELLSCHAFT on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. 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 May 16, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on May 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on May 18, 2022.
The Opposition with reference B 003146932 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Pencils
Crayons
Canvas prints
Writing or drawing books
Paper party decorations
Paper gift wrap bows
Paper garlands
Decorations of paper for foodstuffs
Books
Tear-off calendars
Address books
Pop-up greetings cards
Stickers [stationery]
Coloring books for adults
Printed cards
Picture postcards
Picture cards
Prints
Photographic reproductions
Printed vouchers
Printed calendars
Printed charts
Printed art reproductions
Printed stationery
Printed visuals
Mounted posters
Unmounted and mounted photographs
Gift vouchers
Graphic reproductions
Holiday cards
Adhesive wall decorations of paper
Calendars
Art prints
Works of art made of paper
Posters made of paper
Advertisement boards of paper or cardboard
Placards of cardboard
Posters
Postcards
Postcards and picture postcards
Graphic art reproductions
Gift wrap cards
Lithographic prints
Poster magazines
Sketches
Advertising signs of cardboard
Advertising signs of paper
Advertisement boards of paper
Advertisement boards of card
Promotional publications
Banners of paper
Shelf paper
Flags of paper
Table napkins of paper
Paper pennants
Placards of paper
Placards of paper or cardboard
Place cards
Dinner mats of cardboard
Napkins made of paper for household use
Napkin paper
Table decorations of paper
Table runners of paper
Drip mats of cardboard
Mats of paper for drinking glasses
3D wall art made of card
3D wall art made of paper
Pictures
Photo-engravings
Paintings [pictures], framed or unframed
Graphic representations
Graphic prints
Graphic drawings
Engravings
Reproductions of paintings
Silk screen prints
Wall decorations of paper
Figurines made from cardboard
Figurines made from paper
Paper pouches for packaging
Signboards of paper or cardboard
File trays
Pen trays
Filing containers
Document files [stationery]
Photographic or art mounts
Adhesive pads [stationery]
Notelets
Bookmarkers
Note pads
Note books
Stationery
Writing materials
Daily planners
Pocket calendars
Pocket notebooks
Agendas
Pencils with erasers
Impression stamps
Color pencils
Ball pens
Sealing stamps
Pen and pencil cases
Pen rests
Storage containers made of paper
Photo storage boxes
Sheets for wrapping made of paper
Decorative wrapping paper
Collapsible cardboard boxes
Paper gift bags
Paper gift wrapping ribbons
Paper gift boxes
Paper wine gift bags
Gift bags
Gift packaging
Conical paper bags
Cardboard boxes
Carrier bags
Cardboard packaging boxes in collapsible form
Collapsible boxes of paper
Containers of card for packaging
Paper for bags and sacks
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics.
The mark was filed in class 18 with following description of goods:
Evening handbags
Beach bags
Belt bags and hip bags
Drawstring pouches
Bucket bags
Boston bags
Pocket wallets
Shopping bags
Felt pouches
Purses
Drawstring bags
Cosmetic purses
Toiletry bags
Courier bags
Duffel bags
Rucksacks
Key cases
Shoulder bags
Sports packs
Daypacks
Textile shopping bags
Gym bags
Cross-body bags
Umbrellas
Bumbags
Children's shoulder bags.
The mark was filed in class 25 with following description of goods:
Baby bibs [not of paper]
Bandanas [neckerchiefs]
Printed t-shirts
Womens' outerclothing
Face mask [clothing]
Face masks [fashion wear]
Shirts
Menswear
Jackets [clothing]
Hooded pullovers
Hooded sweatshirts
Short-sleeved T-shirts
Bathing suit cover-ups
Outerclothing for girls
Outerclothing for boys
Babies' outerclothing
Polo shirts
Polo sweaters
Scarves
Shawls and headscarves
Sweaters
Sweat jackets
Sweat shirts
Tee-shirts
Tops [clothing]
Kerchiefs [clothing]
Neckerchiefs
Dresses
Baseball caps
Berets
Bobble hats
Caps being headwear
Sun visors [headwear]
Peaked caps
Sports caps and hats
Sun hats
Headbands [clothing]
Knitted caps
Boaters
Bath sandals
Esparto shoes or sandals
Baby bodysuits
Baby tops
Baby clothes
Snap crotch shirts for infants and toddlers.
The mark was filed in class 35 with following description of goods:
Preparing promotional and merchandising material for others
Merchandising
Online advertisements
Online ordering services
On-line advertising and marketing services
Online retail store services relating to clothing
Online retail store services relating to cosmetic and beauty products
Promoting the artwork of others by means of providing online portfolios via a website
Promoting the designs of others by means of providing online portfolios via a website
Preparation of advertising material
Preparation of publicity documents
Blogger outreach services
Digital marketing
Direct marketing
Market campaigns
Brand creation services (advertising and promotion)
Brand creation services
Design of advertising logos
Production of advertising material
Event marketing
Layout services for advertising purposes
Marketing
Internet marketing
Bill-posting
Advertising and marketing services provided by means of social media
Product marketing
Marketing services provided by means of digital networks
Promoting the music of others by means of providing online portfolios via a website
Sales promotion for others
Product sampling
Advertising services for the promotion of e-commerce
Retail store services in the field of clothing
Retail services in relation to clothing accessories
Retail services in relation to printed matter
Retail services in relation to works of art
Retail services in relation to art materials
Retail services in relation to stationery supplies
Brand testing.
The mark was filed in class 45 with following description of goods:
Licensing industrial property rights
Licensing authority services
Designs (Registered, licensing of -)
Licensing of intellectual property
Licensing of intellectual property and copyright
Granting of licences to others for the use of industrial property rights and copyright