The trademark application from Santa was filed by XXXLutz Marken GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018494548 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 29, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 4 with following description of goods:
Candles and wicks for lighting
Wax for making candles
Tealights
Nightlights [candles]
Perfumed candles
Candles for lighting
Christmas tree candles
Candle torches
Wax for skis.
The mark was filed in class 6 with following description of goods:
Boxes of common metal
Figurines of non-precious metal
Bells
Chests of metal
Baskets of metal
Works of art of common metal
Statues of common metal
Vats of metal
Bronzes [works of art]
Hooks [metal hardware]
Chains of metal
Signboards of metal
Metal tool boxes
Packaging containers of metal
Split rings of common metal for keys
Keys of metal.
The mark was filed in class 11 with following description of goods:
Lighting apparatus
Lamps
Chandeliers
Luminaires
Lanterns for lighting
Light-emitting diodes [LED] lighting apparatus
Socks, electrically heated
Chimney blowers
Chinese lanterns
Fireplaces
Gas lighters
Lamp shades
Light bulbs
Stoves.
The mark was filed in class 16 with following description of goods:
Paper
Cardboard
Millboard
Bookbinding material
Stationery
Christmas cards
Greeting cards
Artists' materials
Plastic materials for packaging
Pictures
Paintings
Booklets
Figurines of papier mâché
Note books.
The mark was filed in class 19 with following description of goods:
Figurines of stone, concrete or marble
Works of art of stone, concrete or marble
Statues of stone, concrete or marble
Artificial stone
Monuments, not of metal.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Mirrors (silvered glass)
Vats, not of metal
Shelves for storage
Inflatable publicity objects
Animal housing and beds
Picture frames
Flower-stands [furniture]
Boxes of wood or plastic
Bins, not of metal
Cushions
Baskets, non-metallic
Wickerwork
Works of art of wood, wax, plaster or plastic
Flower-pot pedestals
Seats
Tables
Birdhouses
Statues of wood, wax, plaster or plastic
Bottle closures, not of metal
Plaited straw, except matting
Stag antlers
Screens for fireplaces [furniture]
Coat hangers
Clothes hooks, not of metal
Pillows
Corks
Screens [furniture]
Keyboards for hanging keys
Chests for toys
Wax figures
Wind chimes [decoration]
Hand-held mirrors [toilet mirrors].
The mark was filed in class 21 with following description of goods:
Utensils for household purposes
Household containers
Glassware
Porcelain ware
Earthenware
Flower pots
Egg cups
Ornamental sculptures made of porcelain
Bottles
Glasses [receptacles]
Decorative glass spheres
Painted glassware
Jugs
Decanters
Ceramics for household purposes
Candelabra [candlesticks]
Baskets for household purposes
Crystal [glassware]
Works of art of porcelain, ceramic, earthenware or glass
Candle extinguishers
Fruit bowls
Bowls [basins]
Dishes
Napkin rings
Trays for household purposes
Teapots
Vases
Sugar tongs
Nutcrackers
Tableware, cookware and containers
Plastic plates [dishes]
Bottle openers, electric and non-electric
Cups
Pottery
Sugar bowls.
The mark was filed in class 24 with following description of goods:
Textile goods, and substitutes for textile goods
Table linen
Textiles
Bed blankets
Bed linen and blankets
Bed covers
Cloth
Covers for cushions
Fabrics for textile use
Furniture coverings of plastic
Handkerchiefs of textile
Linens
Felt
Coasters of textile
Pillow shams
Place mats, not of paper
Tablecloths, not of paper
Table runners of textile
Place mats of textile
Towels of textile
Coverings for furniture
Curtains
Table covers
Bath linen, except clothing
Brocades
Chenille fabric
Cheviots [cloth]
Cotton fabrics
Crepon
Damask
Tick [linen]
Drugget
Shower curtains of textile or plastic
Linen cloth
Flannel [fabric]
Frieze [cloth]
Linings [textile]
Curtains of textile or plastic
Curtain holders of textile material
Gauze [cloth]
Haircloth [sackcloth]
Trellis [cloth]
Hemp fabric
Calico
Ticks [mattress covers]
Jersey [fabric]
Canvas for tapestry or embroidery
Crepe [fabric]
Rayon fabric
Fabric of imitation animal skins
Marabouts [cloth]
Moleskin [fabric]
Door curtains
Ramie fabric
Travelling rugs [lap robes]
Velvet
Silk [cloth]
Buckram
Labels of textile
Knitted fabric
Taffeta [cloth]
Plastic material [substitute for fabrics]
Face towels of textile
Fitted toilet lid covers of fabric
Sheets [textile]
Tulle
Non-woven textile fabrics
Oilcloth for use as tablecloths
Wall hangings of textile
Lingerie fabric
Diapered linen
Bath mitts
Elastic woven material
Adhesive fabric for application by heat
Woollen cloth
Zephyr [cloth].
The mark was filed in class 26 with following description of goods:
Lace
Embroidery
Ribbons of textile materials
Artificial flowers.
The mark was filed in class 28 with following description of goods:
Toys
Ornaments for Christmas trees, except illumination articles and confectionery
Plush toys
Stuffed toys
Children's playthings
Playhouses for children
Scooters [toys]
Toy pushchairs
Swings
Rocking horses
Toys adapted for educational purposes
Toy animals
Dolls
Toy mobiles
Children's multiple activity tables [playthings]
Jigsaw puzzles
Wooden toys
Games
Appliances for gymnastics
Sporting articles
Decorations for Christmas trees
Building games
Building blocks [toys]
Bingo cards
Bob-sleighs
Board games
Scale model vehicles
Masks [playthings]
Artificial snow for Christmas trees
Snow globes
Festive decorations, party novelties and artificial Christmas trees
Balls for games
Playing balls
Dice
Toy cars
Teddy bears
Christmas trees of synthetic material
Bells for Christmas trees
Candle holders for Christmas trees
Christmas tree stands.
The mark was filed in class 35 with following description of goods:
Retail services in relation to festive decorations
Retail services in relation to furnishings
Retail services in relation to works of art
Retail services in relation to art materials
Retail services in relation to furniture
Retail services relating to home textiles
Shop retail services connected with carpets
Retail services in relation to clothing
Retail services in relation to headgear
Retail services in relation to footwear
Retail services in relation to lighting
Retail services in relation to bags
Retail services in relation to metal hardware
Retail services in relation to umbrellas
Retail services in relation to jewellery
Retail services in relation to toys
Retail services connected with stationery
Retail services in relation to fashion accessories
Retail services in relation to disposable paper products