The trademark Opas BESTE was filed by CPA! Communications- und Projekagentur GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 23, 2022, and received one opposition filed on November 23, 2022 by OPUS ONE WINERY LLC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 23, 2022
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 8 with following description of goods:
Hand tools, hand-operated
Hand implements, hand-operated
Cutlery
Cutlery
Side arms, other than firearms
Razors
Razors
Kitchen knives and Cutting implements for kitchen use.
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
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
E-books
Electronic book readers.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Office requisites, except furniture
Adhesives for stationery
Adhesives for household purposes
Drawing materials
Artists' materials
Paint brushes
Teaching materials [except apparatus]
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Type [numerals and letters]
Printing blocks
Announcement cards [stationery], Stickers [stationery], Labels of paper, Pads [stationery], Paper identification tags, Boxes of paper or cardboard, Containers of paper and cardboard, Posters, Display banners, Signboards of paper or cardboard.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils
Containers for household or kitchen use
Cookware and tableware, except forks, knives and spoons
Combs
Sponges
Brushes
Material for brush-making
Cleaning articles
Glass, unworked or semi-worked, except building glass
Glassware
Porcelain
Earthernware.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes therefor
Linens
Curtains of textile or plastic.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Overalls.
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Fruit, preserved
Vegetables, preserved
Frozen fruits
Frozen vegetables
Dried fruit
Vegetables, dried
Cooked fruits
Vegetables, cooked
Jellies for food
Jams
Compotes
Eggs
Milk
Cheese
Butter
Yoghurt
Milk products
Oils for food
Edible fats.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Artificial coffee
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Cereal preparations
Bread
Pastries
Confectionery
Chocolate
Ice cream
Sherbets [sorbets]
Edible ices
Sugar
Honey
Golden syrup
Yeast
Baking powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar
Sauces
Other seasoning
Ice [frozen water].
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fruit, fresh
Vegetables, fresh
Garden herbs, fresh
Natural plants
Flowers
Bulbs for planting
Seedlings for planting
Seeds for planting
Live animals
Animal foodstuffs
Beverages for pets
Malt.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beverages
Mineral water [beverages]
Aerated water
Fruit drinks
Juices
Syrups for making beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beers) and Preparations for making alcoholic beverages..
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of printed matter (including in electronic form), for advertising purposes, Providing of commercial information for consumers (consumer advice shop)
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Artificial resins, unprocessed, Plastics, unprocessed, Manure, Fire extinguishing compositions, Tempering and soldering preparations, Chemical substances for preserving food-stuffs, Tanning substances, Adhesives used in industry, Paints, Varnish, Burnishers, anticorrosive substances, Wood preservatives, dye substances, Stainers, Raw natural resins
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Metals in foil and powder form for painters, decorators, printers and artists, Bleaching preparations and other substances for laundry use, Preparations to clean, polish, degrease and abrade, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Industrial oil and greases
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Lubricants, Dust absorbing, wetting and binding compostions, Fuels (including motor spirit) and illuminants, Candles and wicks for lighting, Dietetic foods, Food for babies, Food supplements for humans and animals, Plasters, Materials for dressings, Disinfectants, Preparations for destroying vermin, Fungicides, Herbicides
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Building materials of metal, Metal cables and wires (not for electrical purposes), Ironmongery and small items of metal hardware, Metallic pipes, Safes, Hand tools and instruments (hand operated), Cutlery, Dinner forks and Spoons, Shaving equipment
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Scientific apparatus, Scientific instruments, Nautical equipment and instruments, Surveying apparatus and instruments, Photographic apparatus, Photographic instruments, cinematographic apparatus and instruments, Optical apparatus, Optical instruments, Weighing apparatus and instruments, Measuring apparatus and instruments, signaling apparatus and instruments, Checking (supervision) apparatus and instruments, life- saving apparatus and instruments, Apparatus and instruments for conducting, switching, transforming accumulating, regulating or controlling electricity, Apparatus for lighting, heating, steam generating, refrigerating, drying, ventilating, water supply and sanitary purposes
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Fireworks, precious metals and alloys thereof, Jewellery, Precious stones, Clocks and Chronometric instruments, Musical instruments, Paper, cardboard and goods made from these materials, Printed matter, Bookbinding materials, Photographs, stationery
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Adhesives for stationery or household purposes, Artists' materials, Paint brushes, Typewriters and office requisites, Instructional and teaching material (other than apparatus), Plastic materials for packaging, Plastic substances, semi-processed, Packing, stopping and insulation materials, Flexible pipes, not of metal
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: leather and imitation leather, Claddings and hides, Trunks and travelling bags, umbrellas, parasols, walking sticks, Whips, Harness and Saddlery, Construction materials (not of metal), Non-metallic rigid pipes for building and construction purposes, Furniture, Mirrors (looking glasses), Picture frames
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Household or kitchen utensils and containers, Combs and Sponges, Brushes and Paint brushes, Brush-making materials, articles for cleaning purposes, Wire wool
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Unworked or semi-worked glass (except glass used in building), Glassware, porcelain and earthenware, ropes, String, Nets, tents, Tarpaulins, Sails, sacks, Padding and stuffing materials (except of rubber or plastics), Yarns and threads, for textile use, textiles and textile products
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Bed and table cloths, Ready-made clothing, Footwear, Headgear, Lace and embroidery, Ribbon and braid, buttons, Hook and eyes and eyes, Needles, Artificial flowers, Mats, Foot mats, Mats, Linoleum, Floor coverings, Wall hangings, games, Playthings, Gymnastic and sporting articles, decorations for Christmas trees
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Foodstuffs, Meat, Fish, poultry and Game, Meat extracts, Preserved, dried and cooked fruits and vegetables, Jellies, Jams, Fruit sauces, Eggs, Milks and Milk products, Edible oils and fats, Coffee, Tea, cocoa, Sugar, rice, tapioca, sago, Coffee substitutes, Flour and Preparations made from cereals, bread, Pastries and Confectionary, Ices, Honey, Treacle
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: Yeast, Baking powders, Salt, mustard, vinegar, sauces (condiments), Spices, Ice, Agricultural, horticultural and forestry products and grains, Live animals, Fresh fruits and vegetables, Seeds, live plants and Natural flowers, Foodstuffs for animals, malt, Beers, Mineral waters and aerated waters and other non- alcoholic drinks
Retail and wholesale services, mail order retail services, Also provided via the Internet, in relation to the following goods: fruit drinks and Fruit juices, Syrups and Other preparations for making beverages, Alcoholic beverages, Tobacco, smoker's articles, Matches.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting activities
Cultural activities.
The mark was filed in class 43 with following description of goods: