The trademark RetailScout was filed by ILG Centermanagement GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 2, 2022, and received one opposition filed on February 27, 2022 by Scout24 SE on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 27, 2022
The application was filed in German, and German was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Works of art and figurines of paper and cardboard, and architects' models
Decoration and art materials and media
Filtering materials of paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Printed matter, and stationery and educational supplies
Adhesives for stationery or household purposes
Paper and cardboard
Money holders
Till rolls
Make-up pads of paper for removing make-up
Refuse bags of paper
Hygienic hand towels of paper
Paper handtowels
Coarse tissue [for toiletry use]
Bunting of paper
Food-wrapping paper
Shelf paper
Mats for beer glasses
Banners of paper
Tissues of paper for removing make-up
Paper baby bibs
Scoops made of card for the disposal of pet excrement
Garbage bags of paper [for household use]
Paper cocktail parasols
Flags of paper
Humidity control sheets of paper or plastic for foodstuff packaging
Face cloths made of paper
Paper coffee filters
Coasters of paper
Bags for microwave cooking
Kitchen rolls [paper]
Bibs of paper
Bibs, sleeved, of paper
Forms, printed
Partially printed forms
Forms relating to rental and leasing, in particular sample contracts.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Doors, gates, windows and window coverings, not of metal
Structures and transportable buildings, not of metal
Armour-plating, not of metal
Spackling compound
Chippings
Precast pavers
Wood and artificial wood
Pitch, tar, bitumen and asphalt
Stone, rock, clay and minerals
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Commercial stands, Mainly not of metal
Fair stands.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Commercial trading and consumer information services
Business assistance, management and administrative services
Advertising services relating to real property, Advertising of properties
Advertising for business premises
Advertising for retail premises
Advertising for advertising space
Advertising for vending machines
Advertising for rental and leasing contracts for real estate and properties
Advertising for rental and leasing contracts for business premises
Advertising for rental and leasing contracts for retail premises
Advertising for rental and leasing contracts for advertising space
Advertising for rental and leasing contracts for vending machines
Marketing for real estate and properties
Marketing relating to business premises
Marketing relating to retail premises
Marketing of advertising space
Marketing relating to vending machines
Marketing relating to rental and leasing contracts for real estate and properties
Marketing relating to rental and leasing contracts for business premises
Marketing relating to rental and leasing contracts for retail premises
Marketing relating to rental and leasing contracts for advertising space
Marketing relating to rental and leasing contracts for vending machines
Auctioneering of property
Brokerage in relation to the rental of advertising space
Brokerage services relating to
Provision of advertising space
Rental of advertising space
Brokerage services relating to rental and leasing contracts for vending machines
Brokerage services relating to vending machines
Installation and pasting services for advertising spaces
Brokerage of installation and pasting services for advertising spaces
Advertising of installation and pasting services for advertising spaces
Marketing of installation and pasting services for advertising spaces
Negotiation of contracts (for others)
Human resources management and recruitment services
Sales promotion for others
Arranging of contracts, for others, for the providing of services, Arranging of contracts, for others, relating to services provided by craft workers
Providing of business/organisation blogs
Commercial intermediation services
Business networking services
Rental of vending machines for purchases
Rental of vending machines
Commercial retailing, in relation to the following fields: commercial stands
Commercial retailing, in relation to the following fields: Exhibitions booths and stands
Commercial retailing, in relation to the following fields: Shop fitting
Retailing relating to vending machines for purchases
Retailing relating to vending machines for sales
All of the aforesaid services also being offered online
Advice, information and consultancy relating to these services
Providing and evaluation of data relating to the aforesaid services
Rental of sales stands
Rental of stands at trade fairs.
The mark was filed in class 36 with following description of goods:
Insurance services
Real estate services
Pawnbrokerage
Provision of prepaid cards and tokens
Safe deposit services
Financial, monetary and banking services
Fundraising and financial sponsorship
Valuation services
Brokerage services for arranging rental and leasing contracts for real estate, Agencies or brokerage for leasing or renting of land
Brokerage services for arranging rental and leasing contracts for business premises
Brokerage services for arranging rental and leasing contracts for retail premises
Brokerage services for the rental of real estate and properties
Brokerage services for the rental of business premises
Brokerage services for the rental of retail premises
Brokerage of rental contracts for land and real estate
Arranging rental and leasing contracts for business premises
Arranging rental and leasing contracts for retail premises
Rental of real estate and property
Renting of commercial premises
Leasing of accommodation in a retail outlet
Rental of spaces for events, promotion, goods advertising and vending machines
Arranging rental and leasing contracts for spaces for events, promotion, goods advertising and vending machines
Brokerage services for arranging rental and leasing contracts for events, promotion, goods advertising and vending machines
Rent collection
Insurance brokerage
All of the aforesaid services also being offered online
Consultancy, information and advice relating to the aforesaid services
Providing and evaluation of data relating to the aforesaid services
Estate management.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Extraction of natural resources
Glazing, installation, maintenance and repair of glass, windows and blinds
Cleaning and care of fabric, textile, leather, fur and goods made thereof
Re-inking and refilling of toner cartridges
Furniture maintenance and repair
HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair
Computer hardware and telecommunication apparatus installation, maintenance and repair
Lift and elevator installation, maintenance and repair
Alarm, lock and safe installation, maintenance and repair
Plumbing installation, maintenance and repair
Building maintenance and repair
Janitorial services
Extermination, disinfection and pest control
Installation of stands for exhibitions
Building of fair stalls and shops
Construction of display stands
Construction of sales stands.
The mark was filed in class 42 with following description of goods:
IT services
Science and technology services
Testing, authentication and quality control
Design services
Providing online platforms
Providing electronic market places on the Internet
Hosting of online blogs
Design of exhibition stands
Design of sales stands
Design of shops
All the aforesaid services including being online services
Advice, information and consultancy relating to the aforesaid services
Providing and evaluation of data relating to the aforesaid services.