The trademark TK GRUPPE was filed by TK Gruppe GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 26, 2021, and received one opposition filed on August 26, 2021 by thyssenkrupp AG on Likelihood of confusion. the opponent was represented by THYSSENKRUPP INTELLECTUAL PROPERTY GMBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 2021
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 February 22, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Essential oils and aromatic extracts
Toiletries
Cleaning and fragrancing preparations
Tailors' and cobblers' wax
Animal grooming preparations
Toiletries.
The mark was filed in class 4 with following description of goods:
Automotive engine oils, namely Engine oils for motor vehicles
Greases, namely Illuminating grease, Grease for leather, Grease for footwear, Grease for arms [weapons]
Wax, namely Wax for making candles, Beeswax, Wax for skis
Lubricants, namely, Lubricants, for use in relation to the following goods: Automobiles and Bicycles
Candles and wicks for lighting
None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers.
The mark was filed in class 6 with following description of goods:
Metal containers for storage or transport
Safes
Metal hardware
Keys of metal
Metal hardware
Statues and works of art of common metals
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers.
The mark was filed in class 8 with following description of goods:
Cutlery, and food preparation implements being kitchen knives, cutting and grinding implements
Spanners [hand tools]
Hand-operated hygienic and beauty implements for humans and animals
Lifting tools
Emergency and rescue hand tools
Edged and blunt weapons
Hand-operated scrapers for removing ice from vehicle windows
Lifting jacks, hand-operated
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers.
The mark was filed in class 9 with following description of goods:
Cash registers
Calculating devices
Computers
Computer peripheral devices
Diving suits
Divers' masks
Ear plugs for diving
Nose clips for divers and swimmers
Gloves for divers
Breathing apparatus for underwater swimming
Fire extinguishers
Protective and signalling apparatus and equipment
Alarms and warning equipment
Survival blankets
Vehicle breakdown warning triangles
Diving equipment
Diving equipment
Safety goggles
None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers.
The mark was filed in class 10 with following description of goods:
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
Protective breathing masks for medical applications
Clothing, headgear and footwear, braces and supports, for medical purposes
Clothing, headgear and footwear for medical personnel and patients
Hearing protection devices
Physical therapy equipment
Physical therapy equipment
Physical therapy equipment
Feeding aids and pacifiers
Medical furniture and bedding, equipment for moving patients
Mobility aids
Hearing protection devices
Orthopedic and mobility aids
Prosthetics and artificial implants
Sex aids
Sanitary masks for medical use
Sterile sheets
Gloves for medical purposes
Protective clothing for medical purposes
Face masks for medical use for antibacterial and antiviral protection
Clinical thermometers
Protective bonnets for the hair
Masks for use by medical personnel
Masks for use by medical personnel.
The mark was filed in class 11 with following description of goods:
Filters for household use, namely Filters for use with lighting apparatus, Purification of air, Range hoods, Aquariums, Swimming pool basins, Ponds
Cooking, heating, cooling and preservation equipment, for food and beverages
Refrigerating and freezing equipment
Personal heating and drying implements
None of the aforesaid goods being intended for industrial use, The aforesaid goods being solely for do-it-yourself and end consumers.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Jewels
Ornaments [jewellery, jewelry (Am.)]
Precious stones
Semi-precious stones
Clocks
Time instruments
Jewels
Time instruments
Gemstones, pearls and precious metals, and imitations thereof
Jewels
Key rings and key chains, and charms therefor
Jewellery boxes and watch boxes
Jewellery
Time instruments.
The mark was filed in class 16 with following description of goods:
Paper
Millboard
Printed matter
Bookbinding material
Photographs [printed]
Stationery and office requisites (except furniture)
Adhesives for stationery or household purposes
Drawing materials
Artists' materials
Paint brushes
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Type [numerals and letters]
Printing blocks
Rubbish bags
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Sticky tape
Self-adhesive tapes for stationery use
Adhesive tapes for stationery or household purposes
Double-sided adhesives tapes for stationery or household purposes
Decoration and art materials and media
Filtering materials of paper
Gums [adhesives] for stationery or household purposes
Gluten [glue] for stationery or household purposes
Pastes and other adhesives for stationery or household purposes
Works of art and figurines of paper and cardboard, and architects' models
Glue for stationery or household purposes
Paper and cardboard
Stationery and educational supplies
Stickers [stationery]
Paper identification tags
Paper folders.
The mark was filed in class 18 with following description of goods:
Travel luggage
Carrier bags
Umbrellas and parasols
Whips
Harnesses
Whips, harness and saddlery for animals
Walking sticks.
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Picture frames
Containers, not of metal, for storage or transport
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber
Containers, and closures and holders therefor, non-metallic
Animal housing and beds
Displays, stands and signage, non-metallic
Ladders and movable steps, non-metallic
Furniture and furnishings
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Glass, unworked or semi-worked, except building glass
Glassware, porcelain and earthenware
Tableware, cookware and containers
Articles for the care of clothing and footwear
Household utensils for cleaning, brushes and brush-making materials
Cosmetic and toilet utensils
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 22 with following description of goods:
Ropes and strings
Nets
Tents
Tarpaulins
Awnings of textile or synthetic materials
Sails
Sacks for the transport and storage of materials in bulk
Padding cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw textile fibres and substitutes thereof
Bags and sacks for packaging, storage and transport
Plastic sheeting for use as drop cloths
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 24 with following description of goods:
Textile material
Textile goods, and substitutes for textile goods
Linens
Bed linen and blankets
Filtering materials of textile.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Masquerade costumes and Halloween costumes
Sport clothes and shoes
Ski gloves
Sports singlets
Cyclists' clothing
Judo and karate uniforms
Football shoes
Gymnastic shoes
Boots (ski)
Costumes
Parts of clothing, footwear and headgear.
The mark was filed in class 26 with following description of goods:
Lace
Braids
Braid
Braids
Edgings
Embroidery
Bands
Haberdashery bows
Buttons
Hooks and eyes
Needles
Artificial flowers
Decorative articles for the hair
Artificial hair
Accessories for apparel, sewing articles and decorative textile articles
Charms, other than for jewellery, key rings or key chains
Hair ornaments, hair rollers, hair fastening articles, and false hair
Needles and pins for entomology
Artificial fruit, flowers and vegetables.
The mark was filed in class 28 with following description of goods:
Games
Toys
Toys
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees
Festive decorations and artificial Christmas trees
Prank, fun and gag articles
Carnival masks
Paper hats
Confetti
Table fireworks
Christmas crackers [party novelties]
Balloons
Dart boards
Water pistols [playthings]
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling (including via the internet) of the following goods: Non-medicated cosmetics and toiletry preparations, non-medicated dentifrices, perfumery, essential oils, bleaching preparations and other substances for laundry use, Preparations to clean, polish, degrease and abrade, Essential oils and aromatic extracts, Toiletries, Cleaning and fragrancing preparations, tailors' and shoemakers' wax, Animal care products, Toiletries
Retailing and wholesaling (including via the internet) of the following goods: Industrial oils, Namely of Engine oil for cars, And fats, Namely of illuminating grease, Grease for leather, grease for shoes, Grease for arms [weapons], Flour wax, Namely of Wax for making candles, bees wax, Wax for skies, Lubricants, Namely of Automotive lubricants, bicycle lubricants, Candles and wicks for lighting, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Metal containers for storage or transport, Safes (strong boxes), articles of metal hardware, keys, ironmongery, Statues and works of art of common metal, Parts and fittings for the aforesaid goods, included in this class, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Hand-held tools and implements, Namely of Axes, Drills, Crowbars, Pin punches, lump hammers, Paint spatulas, Weeding forks (hand tools), Hammers (hand tools), Graving tools (hand tools), Blades (hand tools), Saws (hand tools), Edge tools (hand tools), Spanners (hand tools), Vices, Spatulas (hand tools), Tool belts (holders), Squares (hand tools), Cutlery, Side arms, Razors, Shaving equipment, Food preparation cutlery and instruments, including kitchen knives, cutting and grinding instruments, Spanners (hand tools), None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers, Hand-operated hygienic and beauty implements for humans and animals, Lifting tools, Hand tools for emergency and rescue purposes, Sharp and blunt side arms, other than firearms, Hand-operated scrapers for removing ice from vehicle windows, Lifting jacks, hand-operated, Parts and fittings for all the aforesaid goods, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Cash registers, Calculating devices, Computers, computer peripherals, Diving suits, Divers' masks, Ear plugs for divers, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers, Nose clips for divers and swimmers, Gloves for divers, breathing apparatus for underwater swimming, Fire extinguishers, Protective and signalling apparatus and equipment, Alarm and warning equipment, Life-saving blankets, Emergency triangles, Diving apparatus, Scuba equipment, protective eyewear, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Artificial limbs, eye and teeth, Orthopaedic articles, surgical sutures, Therapeutic and assistive devices adapted for people with disabilities, Apparatus for massage, Apparatus, devices and articles for nursing infants, Sexual activity apparatus, devices and articles, Protective breathing masks for medical purposes, Clothing
Retailing and wholesaling (including via the internet) of the following goods: Headwear and footwear and braces and supports for medical use, Clothing, headgear and footwear for medical personnel and patients, Hearing protectors, Apparatus for physiotherapeutic treatment, Physiotherapy apparatus, Physical therapy equipment, Feeding aids and dummies, Furniture and bed covers for medical purposes
Retailing and wholesaling (including via the internet) of the following goods: Equipment for moving patients, Mobility appliances, Hearing protectors, Orthopaedic articles and mobility aids, Artificial limbs and artificial implants, Sexual aids, Hygienic masks for medical purposes, Sterile sheets, Medical gloves, protective clothing for medical purposes, Face masks for medical use for anti-bacterial and anti-viral protection, Thermometers, Protective bonnets for the hair
Retailing and wholesaling (including via the internet) of the following goods: Medical masks, Masks for use by medical personnel
Retailing and wholesaling (including via the internet) of the following goods: Strainers for household purposes, Namely of Filters for lighting devices, Purification of air, Fume cupboards, aquariums, Swimming pools (metal structures), Ponds, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Cooking, heating, cooling and preservation equipment, for food and beverages, Refrigerating and freezing equipment, Heating and drying implements, None of the aforesaid goods being for industrial purposes and solely for do-it-yourself and end consumers
Retailing and wholesaling (including via the internet) of the following goods: Precious metals and their alloys, jewellery, precious gemstones and semi-precious gemstones, Horological and chronometric instruments, Jewellery, Chronographic instruments, Precious stones, pearls and precious metals and imitations thereof, Pieces of jewellery
Retailing and wholesaling (including via the internet) of the following goods: Key rings and key chains, and charms therefor, Jewellery boxes and watch boxes, Jewelry, Chronometric apparatus and chronometric instruments
Retailing and wholesaling (including via the internet) of the following goods: Paper and cardboard, Printed matter, bookbinding material, photographs, Stationery and office requisites, except furniture, Adhesives for stationery or household purposes, articles for drawing and Artists' materials, paint brushes, Instructional and teaching materials
Retailing and wholesaling (including via the internet) of the following goods: Plastic sheets, films and bags for wrapping and packaging, printers' type, printing blocks, trash bags, Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics, Adhesive tapes for stationery or household purposes, Sticky tape
Retailing and wholesaling (including via the internet) of the following goods: Self-adhesive tapes for stationery use, double sided adhesive tapes for stationery or household purposes, Decorative and artists' materials and requisites, Filtering materials of paper, Gums (adhesives) for stationery or household purposes
Retailing and wholesaling (including via the internet) of the following goods: Gluten [glue] for stationery or household purposes, Adhesives for stationery or household purposes, Paste and other adhesives for stationery or household purposes, Works of art and figurines of paper or cardboard, and architects' models
Retailing and wholesaling (including via the internet) of the following goods: Glue for stationery or household purposes, Paper and cardboard, Stationery and instructional and teaching material, Stickers (stationery), paper hangtags, Paper folders
Retailing and wholesaling (including via the internet) of the following goods: Luggage, carrier bags, Rain and sun parasols, Whips, harness, Whips, harness and saddlery for animals, Walking sticks
Retailing and wholesaling (including via the internet) of the following goods: Furniture, mirrors, picture frames, Containers, not of metal, for storage or transport, Unworked or semi-worked bone, horn, whalebone or mother-of-pearl, Shells, Meerschaum, ambers, Containers, and closures and holders therefor, not of metal, Animal housing and beds
Retailing and wholesaling (including via the internet) of the following goods: Displays, stands and signage, non-metallic, Ladders and movable steps not of metal, furniture and furnishings, Statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic, Parts and fittings for all the aforesaid goods
Retailing and wholesaling (including via the internet) of the following goods: Household or kitchen utensils and containers, Kitchen utensils and tableware, other than forks, knives and spoons, Combs and spongers, Brushes and paintbrushes, Except paintbrushes, Brush-making materials, articles for cleaning purposes, Unworked or semi-worked glass (except glass used in building)
Retailing and wholesaling (including via the internet) of the following goods: Glassware, porcelain and earthenware, Tableware, cooking pot sets and containers, Articles for treating items of clothing and footwear, Household cleaning articles, Brushes and Brush-making materials, Cosmetic and toilet utensils
Retailing and wholesaling (including via the internet) of the following goods: Statues, figurines, signs and works of art made from materials including porcelain, ceramic, earthenware and glass, The aforesaid goods included in this class, Unworked and semi-worked glassware, not being designed for a specific use, Parts and fittings for all the aforesaid goods
Retailing and wholesaling (including via the internet) of the following goods: Ropes and cables, Nets, tents and tarpaulins, awnings of textile or synthetic materials, Sails, Bags [sacks] for the transport and storage of materials in bulk, Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics, Raw textile fibres and substitutes for raw textile fibres
Retailing and wholesaling (including via the internet) of the following goods: Bags and sacks for packaging, storage and transport, Covering films of plastic for use as painting films, Parts and fittings for all the aforesaid goods
Retailing and wholesaling (including via the internet) of the following goods: Fabrics, textile goods and textile substitutes, Household linen, bed clothes and blankets, Filtering materials made of textiles
Retailing and wholesaling (including via the internet) of the following goods: Clothing, Footwear, Headgear, Carnival costumes, Carnival costumes, Halloween costumes, sport clothes and shoes, Ski gloves, Sports singlets, Cyclists' clothing, Judo suits, karate uniforms, Football shoes, Gymnastic shoes, skiing shoes, costumes, Parts of clothing, footwear and headwear
Retailing and wholesaling (including via the internet) of the following goods: Lace trim, weaves, Braiding, Strands, Plaits and embroidery, and ribbons and bows (haberdashery), Buttons, hooks and eyes, pins and needles, artificial flowers, Hair ornaments, False hair, Accessories for clothing, sewing materials and decorative textile articles, Pendants, other than for jewellery, key rings or key fobs
Retailing and wholesaling (including via the internet) of the following goods: Hair ornaments, hair curlers, hair fastening articles and wigs, Entomological needles and pins, Artificial fruit, flowers and vegetables
Retailing and wholesaling (including via the internet) of the following goods: Games, Toys and Playthings, video game apparatus, Gymnastic and sporting articles, Decorations for Christmas trees, Articles for party decorations and artificial Christmas trees, Novelty toys for playing jokes, Toy masks, Hats (paper), confetti, Table fireworks, Cosaques [toy fireworks], Play balloons, Dart bards, water pistols [playthings], Parts and fittings for all the aforesaid goods.