The trademark BEASTIN was filed by BSTN Store GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 15, 2021, and received one opposition filed on July 15, 2021 by Easton Diamond Sports, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 15, 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 3 with following description of goods:
Perfumes
Oils for perfumes and scents
Extracts of perfumes
Perfumery
Perfumed creams
Scented body spray
Perfumed soaps
Deodorants for personal use [perfumery]
Eau de parfum
Perfumery and fragrances
Perfumery, essential oils
Cosmetic preparations for baths
Scented body lotions and creams
Toilet water
Eau de Cologne
Cosmetics
Skin masks [cosmetics]
Cosmetic facial lotions
Sun care preparations
Moisturising preparations
Natural cosmetics
Emollient preparations [cosmetics]
Decorative cosmetics
Bubble bath
Non-medicated cosmetics
Cosmetic kits
Impregnated cleaning pads impregnated with cosmetics
Cosmetics and cosmetic preparations
Non-medicated cosmetics and toiletry preparations
After-sun oils [cosmetics].
The mark was filed in class 4 with following description of goods:
Wicks for candles
Candles for lighting
Candles
Candles for absorbing smoke
Christmas tree decorations for illumination [candles]
Special occasion candles
Candles in tins
Fruit candles
Candles for use in the decoration of cakes
Candles for use as nightlights
Candle assemblies
Candle torches
Candles containing insect repellent
Nightlights [candles]
Perfumed candles
Wax for making candles
Christmas tree candles
Table candles.
The mark was filed in class 14 with following description of goods:
Ornaments [jewellery, jewelry (Am.)]
Pendants
Bracelets [jewellery]
Ankle bracelets
Necklaces [jewellery]
Earrings
Rings [jewellery]
Parts and fittings for jewellery
Charms for key rings
Key chains
Key rings
Wristwatches
Watches
Bracelets for watches
Watch fobs
Jewel cases
Jewellery rolls
Cases for clock- and watchmaking
Watch pouches
Time instruments
Dials [clock- and watchmaking]
Cases [fitted] for horological articles
Clocks
Clock cases
Chronographs [watches]
Clocks and watches, electric
Digital clocks
Mechanical watches
Cases for watches [presentation]
Presentation boxes for watches
Parts for clockworks
Clocks and parts therefor
Pendant watches.
The mark was filed in class 16 with following description of goods:
Stickers [decalcomanias]
Stickers [stationery]
Pamphlets
Flyers
Photographs [printed]
Printed brochures
Printed leaflets
Printed visuals
Unmounted and mounted photographs
Catalogues
Posters
Posters made of paper
Prospectuses
Paper
Cardboard
Printed matter
Plastic materials for packaging
Professional magazines
Writing materials
Adhesives for stationery or household purposes
Artists' materials
Paintbrushes
Brush pens
Writing brushes
Typewriters, electric or non-electric
Office requisites, except furniture
Teaching materials [except apparatus]
Type [numerals and letters]
Handheld label printers [office requisites]
Ribbons for handheld label printers [office requisites]
Books
Periodicals
Printed timetables
Envelopes [stationery]
Highlighter pens
Tags for index cards
Terrestrial globes
Art prints
Magazines [periodicals]
Label paper
Labels of paper or cardboard
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Transfers [decalcomanias]
Tear-off calendars
Address books
Address labels
Address lists
Announcement cards [stationery]
Iron-on transfers of paper
Pop-up greetings cards
Events programmes
Colour charts
Printed invitations
Printed vouchers
Printed information sheets
Printed informational cards
Printed informational folders
Printed calendars
Printed charts
Printed advertisements
Printed promotional material
Printed periodicals
Holiday cards
Gift cards
Informational sheets
Informational letters
Information booklets
Calendars
Postcards
Advertising posters
Sketches
Daily planners
Appointment books
Visiting cards
Promotional publications
Advertising pamphlets
Advertisement boards of card
Advertisement boards of paper
Advertising signs of paper
Advertising signs of cardboard
Paper coated with silicone oil for use on barbeque grills.
The mark was filed in class 20 with following description of goods:
Mirrors (silvered glass)
Picture frames
Furniture
Inflatable pillows
Curtain rings
Bins, not of metal
Cupboards
Benches [furniture]
Table tops
Wall mirrors
Umbrella stands
Boxes of wood or plastic
Chests for toys
Beds
Bolsters
Bottle racks
Baskets, non-metallic
Cushions
Mattresses
Chests of drawers
Bamboo blinds
Bassinets
Divans
Shelving units
Display stands
Garment covers [storage]
Furniture being convertible into beds
Beach beds
Easy chairs
Flower-stands [furniture]
Letter boxes, non-metallic
Tool boxes, not of metal, empty
Mannequins and tailors' dummies
Tables
Works of art made of wood
Playpens for babies
Clothes hangers, clothes stands [furniture] and clothes hooks
Sleeping mats for camping [mattresses]
Sofas
Footstools
Infant walkers
Recliners [furniture]
Office armchairs
Furniture and furnishings
Ladders and movable steps, non-metallic
Containers, and closures and holders therefor, non-metallic
Animal housing and beds
Bathroom furniture
Beds, bedding, mattresses, pillows and cushions
Coverings (Fitted -) for furniture
Fishing chairs
Credenzas [furniture]
Worktables
Storage drawers [furniture]
Inflatable furniture
Inflatable chairs
Inflatable headrests
Seats adapted for babies
High stools [furniture]
Bean bag chairs
End tables
Clothes lockers
Letter racks [furniture]
Library shelves
Office furniture
Furniture for camping
Camping tables
Chaise longues
Coffee tables
Dining room tables
Lawn furniture
Tables for use in gardens
Bean bags
Stools
Settees
Furniture for kitchens
Kitchen units
Room dividers
Screens [furniture]
Ottomans
Racks [furniture]
Extendible sofas
Shoe racks
Shoe cabinets
Side tables
Trolleys [furniture]
Stackable furniture
Roofed wicker beach chairs
Seats
Portable bassinets
Footlockers
Vitrines
Gun cabinets
Baby changing mats
Composable furniture
Magazine racks
Plastic furniture for gardens
Garden furniture manufactured from wood
Garden furniture made of metal
Pillows.
The mark was filed in class 21 with following description of goods:
Perfume bottles
Perfume vaporizers
Perfume sprayers [sold empty]
Vaporizers for perfume sold empty
Scent sprays [atomizers]
Make-up brushes
Dispensers for cosmetics
Containers for cosmetics
Hand tools for the application of cosmetics
Racks for cosmetics
Holders for cosmetics
Picnic boxes
Services [dishes]
Tableware, cookware and containers
Oven-to-table tableware
Table plates
Jugs
Cups and mugs
Glasses [drinking vessels]
Cocktail glasses
Schnapps glasses
Picnic crockery
Coasters (tableware)
Beer mats not of paper or textile
Pots
Skillets
Dishes
Bowls [basins]
Glasses, drinking vessels and barware
Beer glasses
Beer mugs
Ice buckets
Ice tongs
Bottle openers, electric and non-electric
Corkscrews, electric and non-electric
Bottle coolers
Decanters
Cocktail shakers
Cups made of plastics
Drinking bottles
Wine glasses
Champagne flutes.
The mark was filed in class 24 with following description of goods:
Textiles
Bed covers
Bed blankets
Bed throws
Curtain holders of textile material
Flags of textile or plastic
Table runners of textile
Curtains of textile or plastic
Eiderdowns [down coverlets]
Silk bed blankets
Labels of textile
Linings [textile]
Mattress covers
Coverings for furniture
Covers for cushions
Bath mitts
Oilcloth
Duvet covers
Table linen
Mosquito nets
Face towels
Textile tissues
Handkerchiefs of textile
Bath linen, except clothing
Linens
Sleeping bags
Table napkins of textile
Billiard cloth
Tapestries of textile
Traced cloths for embroidery
Cloth
Upholstery fabrics
Towels of textile
Face towels of textile
Curtains
Banners of textile or plastic
Bunting of textile or plastic
Furniture coverings of plastic.
The mark was filed in class 27 with following description of goods:
Wall hangings, not of textile
Bath mats
Wallpaper
Floor coverings
Vinyl floor coverings for existing floors
Protective floor coverings
Carpet underlay
Artificial turf
Carpets [textile]
Fur rugs
Door mats.
The mark was filed in class 30 with following description of goods:
Ice cream
Chocolate
Sweetmeats [candy]
Flavored ices
Frozen yoghurt [confectionery ices]
Candy
Ice cubes
Ice lollies containing milk
Non-dairy ice cream
Dairy confectionery
Candy coated confections
Cakes
Frozen cakes
Edible ices
Ice for refreshment
Savory sauces, chutneys and pastes
Puddings
Boiled confectionery
Bonbons made of sugar
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Prepared desserts [confectionery]
Prepared desserts [pastries]
Treacle
Flavouring syrups
Bakery goods
Biscuits
Crackers
Pastries
Salts, seasonings, flavourings and condiments
Condiments
Coffee, teas and cocoa and substitutes therefor
Sugar, honey, treacle
Flavorings and seasonings
Noodles
Coffee-based beverages
Cocoa-based beverages
Baking powder
Yeast and leavening agents
Sandwiches
Bread biscuits
Mixes for the preparation of bread
Pasta containing eggs
Ice beverages with a cocoa base
Ice beverages with a coffee base
Ice beverages with a chocolate base
Decaffeinated coffee
Vinegar
Pâtés en croûte
Breakfast cereals
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Flour
Flour mixes
Farinaceous foods
Gruel, with a milk base, for food
Cocoa beverages with milk
Coffee beverages with milk
Milk chocolates
Seasoning mixes
Mixtures for making water ices
Preparations for making bakery products
Noodle-based prepared meals
Rice tapioca
Dressings for salad
Gravy mixes
Chocolate-based beverages
Mustard
Cocoa based creams in the form of spreads
Food dressings [sauces]
Tea bags
Tea mixtures
Bread rolls
Toasts [biscuits]
Boxed lunches consisting of rice, with added meat, fish or vegetables
Prepared cocoa and cocoa-based beverages
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Flavourings for foods
Artificial coffee
Vegetable pulps [sauces - food]
Seasoned coating for meat, fish, poultry
Savory pastries
Pastries, cakes, tarts and biscuits (cookies)
Coffee pods
Coffee in whole-bean form
Coffee bags
Coffee flavourings
Coffee concentrates
Coffee oils
Cocoa mixes
Cocoa powder
Rice mixes
Soya sauce
Tapioca flour
Tea-based beverages
Tea cakes
Pasta
Coffee extracts
Coffee essences
Hot sauce
Sauces [condiments]
Sauces for barbecued meat
Spiced salt
Spicy sauces
Marinades containing seasonings
Dry seasonings
Spices in the form of powders
Vanilla flavourings for culinary purposes.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beverages
Colas [soft drinks]
Non-alcoholic malt drinks
Isotonic beverages
Waters [beverages]
Fruit-flavoured beverages
Syrups for beverages
Flavoured carbonated beverages
Cola drinks
Carbonated non-alcoholic drinks
Pastilles for effervescing beverages
Powders for effervescing beverages
Non-carbonated soft drinks
Tonic water [non-medicated beverages]
Powders for the preparation of beverages
Syrups and other non-alcoholic preparations for making beverages
Non-alcoholic preparations for making beverages
Beer and brewery products
Juices
Waters
Cocktails, non-alcoholic
Alcohol free wine
Energy drinks
Energy drinks containing caffeine
Vitamin fortified non-alcoholic beverages
Nutritionally fortified beverages
Protein drinks
Smoothies
Sports drinks
Part frozen slush drinks
Non-alcoholic fruit extracts used in the preparation of beverages
Essences for making beverages
Extracts for making beverages
Concentrates for use in the preparation of soft drinks
Fruit drinks
Fruit juice beverages
Flavoured waters
Aerated water
Nutritionally fortified water
Mineral enriched water [beverages]
Mineral and aerated waters
Still water
Ginger beer
Lemonades
Bitter lemon
Low-calorie soft drinks
Non-alcoholic beer
Flavored beers
Malt beer
Beer wort
Soya-based beverages, other than milk substitutes.
The mark was filed in class 33 with following description of goods: