The trademark Pelikan Passion was filed by Pelikan Vertriebsgesellschaft mbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2021, and received one opposition filed on July 4, 2021 by pelicantravel.com s.r.o. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LITVÁKOVÁ A SPOL., S. R. O., PATENT AND TRADEMARK OFFICE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 4, 2021
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 16 with following description of goods:
Paper cardboard
Writing, drawing and colouring pads
Stationery, including cases for stamps [seals], Stamp pads, Stamp ink, Paper knives, Writing tablets, Stands for writing implements, Paperweights, Pencil sharpeners, Inks, in particular writing inks, ink cartridges, inkwells
Writing instruments, In particular fountain pens, Ball pens, Fineliners, Fibertip pens, Rollerballs (pens), Pencil lead holders, Gel pens
Pencil leads for writing implements
Nibs
Writing accessories, inclusive, Pen and pencil cases and boxes
Cases for writing, drawing, painting and modelling goods
Seals
Sealing wax
Sealing compounds for stationery purposes.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Rucksacks
School knapsacks
Bags, included in class 18
Cases for writing materials.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 28 with following description of goods:
Games
Toys
Decorations for Christmas trees
Soccer balls
Gymnastic and sporting articles not included in other classes, except children's sledges and snowboards.
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Office functions
Business management and organization consultancy
Business management consultancy
Import-export agency services
Operating a teleshopping channel, namely the arranging, concluding and handling of contracts for the purchase and sale of goods
Operating a teleshopping channel, namely the arranging, concluding and handling of contracts for the use of services
Professional business consultancy
Book-keeping
Consultancy, namely professional business consultancy
Computerized file management
Multimedia agency services, namely the presentation of firms on the Internet and other media
Auctioneering, including on the Internet
Transcription of communications [office functions]
Relocation services for businesses
E-commerce services, namely order placement and order delivery services
E-commerce services, namely invoice management for electronic ordering systems
E-commerce services, namely the arranging and concluding of commercial transactions via online shops
E-commerce services, namely the presentation of goods and services
Business investigations
Compilation of statistics
Drawing up of business expert reports
Business efficiency expert services
Drawing up of statements of accounts
Tax preparation
Economic forecasting
Commercial information agency services
Franchising, namely providing of business know-how
Operation of businesses [for others]
Photocopying services
Statistical information
Commercial or industrial management assistance
Payroll preparation
Marketing
Market research
Opinion polling
Business research
Public relations services
Organisation and arranging of events, namely publicity events
Organisation of exhibitions and trade fairs for business and promotional purposes
Business organization consultancy
Organisational project management in the field of electronic data processing
Organisational consultancy
Employment agency services
Personnel recruitment
Personnel consultancy
Personnel management consultancy
Bill-posting
Business management assistance
Presentation of offers for goods and services via a teleshopping channel
Ascertaining prices
Accounting for electronic order systems
Radio advertising
Shop window dressing
Word processing
Typing
Secretarial services
Sponsoring in the form of advertising
Shorthand
Systemization of information into computer databases
Telephone answering for unavailable subscribers
Business consultancy and advisory services
Organization of trade fairs for commercial or advertising purposes
Consumer consultancy
Rental of office machines and equipment, included in class 35
Hire of office equipment and office personnel
Rental of photocopying machines
Publicity material rental
Arranging of commercial and supply contacts via the Internet
Providing of addresses
Arranging of business contacts on the Internet
Distribution of samples
Document reproduction
Demonstration of goods
Marketing for third parties in digital networks
Advertising
Publicity columns preparation
Advertisement for others on the Internet
Business appraisals
Wholesaling and retailing relating to the goods: writing instruments, in particular fountain pens, ball-point pens, fine liners, fibre tip pens, roller ball pens, pencil lead holders, gel pens, refills for writing instruments, nibs, writing accessories.
The mark was filed in class 41 with following description of goods:
Entertainment services
Sporting and cultural activities
Conducting information events for the exchange of ideas on writing and painting
Consultancy of educational and/or artistic persons in individual sessions or seminars, arranging lectures and film showings and artistic performances
Education information
Painting bus services
Club services [entertainment or education]
Running of museums
Lending libraries
Practical training [demonstration]
Entertainer services
Publishing services
Conducting live events
Educational examination
Games on the Internet
Education information
Correspondence courses
Correspondence courses
Film production services
Rental of motion pictures
Further training consultancy
Gambling services
Publication of texts, other than publicity texts
Publication of printed matter in electronic form, including on intranets and the Internet
Publication of periodicals and books in electronic form, including on intranets and the Internet
Organisation and arranging of events, namely cultural and sporting events
Arranging and conducting of conferences
Arranging and conducting of symposiums
Organisation of trade fairs, exhibitions, congresses and seminars for cultural or entertainment purposes
Personnel development, namely organisation and/or conducting of further and advanced training programmes
Theatre productions
Teaching and educational services
Arranging and conducting of workshops [training]
Organization of exhibitions for cultural or educational purposes
Organization of lotteries
Organisation of competitions (entertainment)
Scriptwriting services
Internet services, namely the providing of entertainment programs on the Internet
Providing video games and interactive television and computer services
Holiday camp services [entertainment].
The mark was filed in class 43 with following description of goods:
Bar services
Hotels and motels
Running of animal care centres
Food and drink catering
Day-nursery [crèche] services
Retirement home services
Boarding house services
Reservation of hotels
Boarding house bookings
Tourist homes
Rental of temporary accommodation
Rental of chairs, tables, table linen and glasses
Rental of transportable buildings, included in class 43
Rental of meeting rooms
Rental of tents
Cafes, cafeterias and restaurants
Canteen services
Snack-bar services
Self-service restaurant services
Temporary accommodation reservations
Accommodation bureau services [hotels, boarding houses].