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 27, 2021, and received one opposition filed on August 27, 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 27, 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:
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:
Industrial oils and greases
Wax
Lubricants
Dust controlling compositions
Fuels and illuminants
Candles and wicks for lighting.
The mark was filed in class 6 with following description of goods:
Materials of metal for building and construction
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Metal containers for storage or transport
Safes
Metal hardware
Small items of metal hardware
Keys of metal
Metal hardware
Statues and works of art of common metals
Doors, gates, windows and window coverings of metal
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 8 with following description of goods:
Hand operated hand tools and implements
Cutlery
Cutlery
Side arms, other than firearms
Razors
Razors
Cutlery, and food preparation implements being kitchen knives, cutting and grinding implements
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
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.
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded media and downloadable media
Computer software
Blank digital or analogue recording and storage media
Coin-operated mechanisms
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
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Alarms and warning equipment
Survival blankets
Vehicle breakdown warning triangles
Diving equipment
Diving equipment
Scientific and laboratory devices for treatment using electricity
Safety goggles.
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:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
Flues and installations for conveying exhaust gases
Igniters
Lighting and lighting reflectors
Sun tanning appliances
Burners, boilers and heaters
Filters for industrial and household use
Cooking, heating, cooling and preservation equipment, for food and beverages
Heating, ventilating, and air conditioning and purification equipment (ambient)
Refrigerating and freezing equipment
Personal heating and drying implements
Regulating and safety accessories for water and gas installations
Sanitary installations, water supply and sanitation equipment
Drying installations
Drying installations
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 12 with following description of goods:
Vehicles for use on land
Bicycles
Civilian drones
Anti-theft, security and safety devices and equipment for vehicles
Parts, Accessories, in relation to the following goods, Vehicles for use on land, Bicycles, Civilian drones.
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
Walking sticks
Whips
Harnesses
Saddlery
Collars, leashes and clothing for animals
Walking sticks
Luggage, bags, wallets and other carriers
Umbrellas and parasols
Saddlery, whips and apparel 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:
Retail and wholesale services, Also provided via the Internet, in relation the following 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' wax and shoemakers' wax, Animal care products, Toiletries
Retailing and wholesaling, also via internet, in relation the following goods, Industrial oil and greases, Flour wax, Lubricants, Dust absorbing, wetting and binding compostions, Fuels and And illuminants, Candles and wicks for lighting
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Metal materials for building and construction, Transportable constructions of metal, cable, Wire of common metal, of the following materials, common metals, Non-electric, Metal containers for storage or transport, Safes (strong boxes), hardware and metal goods, articles of metal hardware, keys, ironmongery, Statues and works of art of common metal
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Doors, gratings, windows and window coverings, all the aforesaid being of metal, Parts and fittings for all the aforesaid goods
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Hand tools, hand-operated, Hand implements (hand-operated), Cutlery, Side arms, Razors and Shaving equipment, Tableware and implements for preparing food in the form of kitchen knives, cutting and grinding implements, Hand-operated devices and tools for treatment of materials, and building construction, repair and maintenance work, Spanners (hand tools)
Retail and wholesale services, Also provided via the Internet, in relation the following goods, 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
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded media and downloadable media, Computer software, Blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, Cash registers, Calculating devices, Computers and computer peripherals, Diving suits, Divers' masks, Ear plugs for divers
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Nose clips for divers and swimmers, Gloves for divers, Breathing apparatus for diving, Fire extinguishers, Apparatus for scientific research and laboratory use, teaching apparatus and simulators, Apparatus, instruments and cables for electricity, Recorded data, Information technology, audiovisual, multimedia and photographic apparatus, Magnets
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Magnetising and demagnetising apparatus, Measuring, detecting, monitoring and testing apparatus, Navigation, guidance, tracking, targeting and map-making devices, Optical equipment and apparatus, Enhancers and Correctors, Security, safety, protective and signalling apparatus and equipment, Alarm and warning equipment, Life-saving blankets, Emergency triangles
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Diving apparatus, Scuba equipment, Scientific apparatus and laboratory apparatus for triggering physical reactions using electricity, protective eyewear
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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, facial masks, For medical purposes, for the following purposes, Protection against bacteria and viruses, Thermometers, Protective bonnets for the hair
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Medical masks, Masks for use by medical personnel
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes, Vents and installations for removing exhaust gases, Lighters, Lighting and light reflectors, Tanning apparatus, Burners, boilers and heaters, Filters for industrial or household use
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Cooking, heating, cooling and preservation equipment, for food and beverages, Apparatus for heating purposes, Apparatus for ventilation, Air conditioners, Air purifying apparatus, air cleaning equipment, Refrigerating and freezing equipment, Heating and drying implements, Regulating and safety accessories for water and gas installations, Sanitary installations and devices, Water supply installations
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Drying apparatus, Drying installations, Parts and fittings for all the aforesaid goods
Retail and wholesale services, Also provided via the Internet, in relation the following goods, land vehicles, Bicycles, civilian drones, Anti-theft devices for vehicles, for safety and security purposes, sharing, Supplements, in relation the following goods, land vehicles, Bicycles, civilian drones
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation the following goods, keyrings and keychains And Rings therefor, Jewellery boxes and watch boxes, Jewellery, jeweler goods, Chronometric instruments, Chronometric instruments
Retailing and wholesaling, also via internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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 sculptures made from paper and cardboard And Architects' models
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Glue for stationery or household purposes, Paper and cardboard, Stationery And Instructional and teaching material, Stickers, Stickers Stationery, paper hangtags, Paper folders
Retail and wholesale services, Also provided via the Internet, in relation the following goods, luggage and carrying bags, Rain and sun parasols, Walking sticks, whips, harness and saddlery, Collars, leashes and clothing for animals, Walking sticks, Luggage, handbags, pocket wallets and other object carriers, Saddlery, whips and clothing for animals, canes, Walking sticks
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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 the following materials, wood, Flour wax, Gypsum, plastic, Parts and fittings for all the aforesaid goods
Retail and wholesale services, Also provided via the Internet, in relation 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)
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Statues, figurines, Signs, works of art, of the following materials, Articles of porcelain, Ceramics, earthware, Glass, 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, also via internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation 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
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Fabrics, textile goods and textile substitutes, Household linen, bed clothes and blankets, Filtering materials made of textiles
Retailing and wholesaling, also via internet, in relation the following goods, Ready-made 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
Retail and wholesale services, Also provided via the Internet, in relation the following goods, Lace trim, Braids, Braiding, Braids, 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, also via internet, in relation the following goods, Hair ornaments, curlers, hair fastening apparatus and False hair, Entomological needles and pins, Artificial fruit, flowers and vegetables
Retail and wholesale services, Also provided via the Internet, in relation the following goods, games, Toys and Playthings, video game apparatus, Gymnastic and sporting articles, Decorations for Christmas trees, Festive decorations and artificial Christmas trees, novelties for parties, Novelty toys, 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.