The trademark nextouch was filed by Nextouch S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 4, 2021, and received one opposition filed on August 4, 2021 by Next Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Electric washing machines
Kitchen machines, electric
Dough kneading machines (Electric -)
Electric sewing machines
Sweeping, cleaning, washing and laundering machines
Fruit presses, electric, for household purposes
Centrifugal machines
Dishwashers
Dishwasher racks being parts of a dishwasher
Utensil baskets for dishwashing machines
Iron pressing machines
Food processors
Kitchen grinders, electric
Slicing machines (Electric -) for kitchen use
Kitchen knives (Electric -)
Food processors, electric
Electric kitchen tools
Electric kitchen mixers
Kitchen tools [electric utensils]
Kneaders [electric kitchen machines]
Salad drainers [electric kitchen machines]
Electric meat slicers for kitchen use
Food processors (Electric -) for domestic use
Machines for slicing food [electric, kitchen]
Electric mixers for household purposes
Electric babies' food processors
Washing machines for kitchen bowls
Electric kitchen appliances for chopping, mixing, pressing
Machines for use in making whipped cream [electric, kitchen]
Kitchen machines (Electric -) for food preparation [other than cooking]
Vacuum cleaners
Brushes for vacuum cleaners
Vacuum cleaner hoses
Vacuum cleaner bags
Vacuum cleaners for cars
Cordless vacuum cleaners
Electric fan units for vacuum cleaners
Tin openers, electric
Whisks, electric, for household purposes
Knives, electric
Electric carving knives
Knife blades for electric knives
Electric knives and knife sharpeners
Machines and apparatus for polishing [electric]
Floor polishing machines
Parquet wax-polishers, electric
Carpet brushing machines
Carpet cleaning machines [electric]
Machines and machine tools for treatment of materials and for manufacturing
Food and beverage processing and preparation machines and apparatus
Mixers [machines]
Mixing machines
Washing machines [laundry]
Washing machines incorporating drying facilities
Coin-operated washing machines
Ultrasonic washing machines
Dry-cleaning machines
Washing machines for household purposes
Combined washing and brushing machines
Beaters, electric
Electric food blenders
Shredders [machines]
Crushers for kitchen use, electric
Sanding machines
Lapping machines
Power-operated coffee grinders
Coffee grinders, other than hand-operated
Polishing discs for use with electric floor polishers
Electric carpet vacuum cleaners
Machines and apparatus for carpet shampooing, electric.
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Safety, security, protection and signalling devices
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Sound reproduction apparatus
Acoustic membranes used in sound recording or reproducing apparatus
Apparatus for the reproduction of images
Portable radios
Radio alarm clocks
Radiotelephones
Radio receivers
Radio cassette tape recorders
Radios
Radio transmitters
Radio antennas
DAB radios
Radio transceivers
Radio receiving tuners
Vehicle radios
Remote controls for radios
Radio relay cables
Broadcasting equipment
Radio frequency adapters
Radio frequency repeaters
Radio-frequency transmitter
Radio frequency amplifiers
Solar powered radios
Radio signal antennas
Radio apparatus and instruments
Radio receivers for remote controls
Radio receivers and transmitters
Radios incorporating clocks
Radio transmitters for remote controls
Short range radios
Mounting fittings for radios
Mobile radio transmitting apparatus
Television apparatus
Compact discs
Videotapes
Video recorders
Video cassette recorders
Video multiplexers
Headsets
Headphone amplifiers
Stereo headphones
Microphones
Stereo amplifying apparatus
Electrical amplifiers
Electronic amplifiers
Amplifiers
Loudspeakers
Optical enhancers
Electroacoustic amplifiers
Digital amplifiers
Image intensifiers
Aerials
Telephone apparatus
Satellite telephones
Facsimile transmission machines
Intercoms
Satellite receiving apparatus
Video games [computer games] in the form of computer programs recorded on data carriers
Magnetic data carriers bearing recorded software
Data storage media
Microcircuit data carriers
Magnetic data media
Optical data media
Combination video players and recorders
Camcorders
Cameras [photography]
Digital cameras
Multiple purpose cameras
Photographic lenses
Bellows [for cameras]
Compact digital cameras
Protective caps for cameras
360ยบ cameras
Photographic cameras for the instant production of pictures
Telephone recorders
Recording apparatus
Calculating devices
Pocket calculators
Electronic calculators
Calculators
Electronic pocket calculators
Computer hardware
Notebook computers
Laptop computers
Personal computers
Portable computers
Tablet computers
Bags adapted for laptops
Computer operating programs
Software
Interactive software
Computer software packages
Antivirus software
Monitors
Printers
Keyboards
Computer mouses
Computer joysticks
Graphics cards
Computer graphics boards
Hard discs
Connection cables
Connecting electrical cables
Computer game cartridges
Photographic apparatus and instruments
Cinematographic cameras
Topographic apparatus [optical]
Objectives [lenses] [optics]
Telescopes
Binoculars
Video printers
Multimedia projectors
Digital projectors
Cine projectors
Measuring devices
Projectors.
The mark was filed in class 11 with following description of goods:
Hair dryers
Electrical lighting fixtures
Indoor electrical lighting fixtures
Electric light fittings
Lighting apparatus
Electric lamps
Heating apparatus, electric
Electric space heating apparatus for household use
Domestic heating utensils
Evaporators
Domestic cooking ovens
Electric cooking ovens
Hot plates for cooking
Refrigerating apparatus
Refrigerating machines
Refrigerating installations
Refrigerating appliances and installations
Electric space cooling apparatus
Filters for refrigeration systems
Desiccating apparatus
Smoke drying units
Ventilating installations
Apparatus for ventilating
Water purifiers for household purposes
Electric water purifiers for household purposes
Water purifying apparatus
Electrical hair driers
Electric torches
Bases for non-electric lamps
Electric incandescent lamps
Electrical lamps for outdoor lighting
Electrical lamps for indoor lighting
UV halogen metal vapour lamps
Solaria being suntanning apparatus, not for medical purposes
Fans [air-conditioning]
Humidifiers
Ventilating fans
Laundry dryers, electric
Tumble dryers [heat dryers]
Electric laundry dryers for household purposes
Tumblers [heat dryers] for laundry use
Ice dispensing apparatus
Ice machines and apparatus
Gas fires
Domestic gas cookers
Gas and electric ranges
Domestic stoves
Microwave ovens [cooking apparatus]
Domestic refrigerators
Freezers
Cryogenic freezers
Combinations of refrigerators and freezers
Electric freezers for household use
Light bulbs, electric.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to domestic electrical equipment
Wholesale services in relation to kitchen appliances
Retail services in relation to smartphones
Retail services in relation to mobile phones
Retail services in relation to domestic electrical equipment
Retail services in relation to domestic electronic equipment
Retail services in relation to kitchen appliances
Retail services relating to audiovisual equipment
Retail services relating to bakery products
Retail services in relation to computer hardware
Wholesale services in relation to refrigerating equipment
Wholesale services in relation to cleaning articles
Wholesale services in relation to computer software
Wholesale services in relation to computer hardware
Retail services in relation to computer software
Wholesale services in relation to audio-visual equipment
Wholesale services in relation to information technology equipment
Wholesale services in relation to cookware
Wholesale services in relation to cutlery
Wholesale services in relation to baked goods.
The mark was filed in class 37 with following description of goods:
Freezers (Installation of -)
Electrical installation services
Services for the fitting of kitchens
Computer installation and maintenance services
Consultancy services relating to installation of computers
Advisory services relating to the installation of audiovisual equipment
Advisory services relating to the installation of lighting apparatus
Advisory services relating to the installation of security and safety equipment
Maintenance of consumer electric appliances
Repair or maintenance of power distribution or control machines and apparatus.
The mark was filed in class 38 with Telecommunication services.