The trademark Binder Flowers was filed by Frank-Wilhelm Binder, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 1, 2022, and received one opposition filed on January 29, 2023 by Friedrich Binder GmbH & Co. KG on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by KUNZ RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 29, 2023
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 14 with following description of goods:
Jewellery
Precious stones, pearls and Imitations of the aforesaid goods
Precious metals and their alloys
Processed or semi-processed precious metals
Time instruments, In particular watches
Parts for clockworks.
The mark was filed in class 35 with following description of goods:
Wholesaling and retail, Also provided via the Internet in relation to the following goods: jewellery articles, Precious stones, precious metals and Clocks, Provision of an online marketplace for buyers and sellers of goods and services
Advertising, marketing and promotional services
Commercial services and consumer information, namely auctioneering, Rental of vending machines, Arranging of commercial and business contacts, Organisation of business contacts, collective buying, Commercial assessment, Preparation of competitions, Agency business, import and export, Negotiation services, Ordering services, Price comparison services, Procurement services, for others, subscription services
Business assistance
Business management
Administrative services
Business analysis, research and information services
Public relations services
Sales promotion
Advertising
Business consultancy and advisory services
Business administration and consultancy
Collection and maintenance of data in databases
Arranging of exhibitions for business purposes, Namely in relation to the following goods: precious metals, Precious stones
Provision of business information
Compilation and provision of trade and business price and statistical information
Management and compilation of computerised databases
Business research andsurveys
Economic business lobbying
Compilation of statistics.
The mark was filed in class 40 with following description of goods:
Custom manufacture and assembly services, namely treatment services and Refinement services in relation to the following goods: noble metal, bijouterie and jewellery, Custom manufacture of metal hardware
Treatment and transformation of materials, namely Processing and cutting of diamonds and other precious stones, Polishing and cutting of diamonds and other precious stones