EUTM file information

018823912

PERSHAPE

January 16, 2023

Trademark Summary

The trademark PERSHAPE was filed by Salome Thürigen, a national of the Federal Republic of Germany (the "Applicant") and Michael Smolik, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on January 24, 2023, and received one opposition filed on April 23, 2023 by Channel21 GmbH on Likelihood of confusion. the opponent was represented by DR. KUNZ-HALLSTEIN RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 23, 2023

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Change of name and professional address of the trademark registration was recorded on April 10, 2024.

The Opposition with reference B 003194413 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on June 10, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 25 with following description of goods:
    1. Underarm gussets [parts of clothing]
    2. Arm warmers [clothing]
    3. Clothing made of fur
    4. Layettes [clothing]
    5. Babies' pants [underwear]
    6. Bandanas [neckerchiefs]
    7. Bandeaux [clothing]
    8. Cashmere clothing
    9. Clothing of imitations of leather
    10. Latex clothing
    11. Woolen clothing
    12. Motorists' clothing
    13. Baby clothes
    14. Bridesmaids wear
    15. Clothing for men, women and children
    16. Figure skating clothing
    17. Christening robes
    18. Clothing for wear in judo practices
    19. Children's wear
    20. Infant wear
    21. Girls' clothing
    22. Motorcyclists' clothing of leather
    23. Clothing incorporating LEDs
    24. Clothing
    25. Clothing of leather
    26. Linen clothing
    27. Paper clothing
    28. Plush clothing
    29. Silk clothing
    30. Clothing for horse-riding [other than riding hats]
    31. Clothing for martial arts
    32. Articles of clothing for theatrical use
    33. Sportswear
    34. Clothing for fishermen
    35. Boys' clothing
    36. Clothing for wear in wrestling games
    37. Maternity clothing
    38. Embroidered clothing
    39. Boas [necklets]
    40. Chaps (clothing)
    41. Wearable blankets
    42. Three piece suits [clothing]
    43. Pocket squares
    44. One-piece clothing for infants and toddlers
    45. Fingerless gloves
    46. Bowties
    47. Foulards [clothing articles]
    48. Money belts [clothing]
    49. Face coverings [clothing], not for medical or sanitary purposes
    50. Face mask [clothing]
    51. Knitwear [clothing]
    52. Woven clothing
    53. Belts [clothing]
    54. Neckbands
    55. Gloves [clothing]
    56. Handwarmers [clothing]
    57. Jogging sets [clothing]
    58. Sweatpants
    59. Khakis
    60. Knee warmers [clothing]
    61. Short sets [clothing]
    62. Corsets [underclothing]
    63. Collars [clothing]
    64. Cowls [clothing]
    65. Leather belts [clothing]
    66. Cuffs
    67. Earbands
    68. Ear muffs [clothing]
    69. Paper hats [clothing]
    70. Paper hats for use as clothing items
    71. Party hats [clothing]
    72. Furs [clothing]
    73. Polo knit tops
    74. Slipovers [clothing]
    75. Roll necks [clothing]
    76. Mufflers [clothing]
    77. Veils [clothing]
    78. Shoulder straps for clothing
    79. Shoulder wraps [clothing]
    80. Aprons [clothing]
    81. Maternity bands
    82. Sweatbands
    83. Sweatpants
    84. Shorts
    85. Ski balaclavas
    86. Playsuits [clothing]
    87. Quilted jackets [clothing]
    88. Headbands [clothing]
    89. Stoles
    90. Knitwear [clothing]
    91. Parts of clothing, footwear and headgear
    92. Fabric belts [clothing]
    93. Togas
    94. Tops [clothing]
    95. Folk costumes
    96. Kerchiefs [clothing]
    97. Korean outer jackets worn over basic garment [Magoja]
    98. Nappy pants [clothing]
    99. Overcoats
    100. Over-trousers
    101. Bottoms [clothing]
    102. Thermally insulated clothing
    103. Weatherproof clothing
    104. Waterproof clothing
    105. Chefs' whites
    106. Swaddling clothes
    107. Windproof clothing
    108. Hosiery
    109. Gussets [parts of clothing]
    110. Gussets for bathing suits [parts of clothing]
    111. Gussets for footlets [parts of clothing]
    112. Gussets for leotards [parts of clothing]
    113. Gussets for stockings [parts of clothing]
    114. Gussets for tights [parts of clothing]
    115. Denim jeans
    116. Denim jackets
    117. Denims [clothing]
    118. Denim jeans
    119. Blue jeans
    120. Coats of denim
    121. Leggings [trousers]
    122. Trousers
    123. Culotte skirts
    124. Gaiter straps
    125. Braces [suspenders] for clothing
    126. Pantsuits
    127. Trousers shorts
    128. Short trousers
    129. Waterproof trousers
    130. Weatherproof pants
    131. Casual trousers
    132. Pedal pushers
    133. Lounge pants
    134. Baselayer bottoms
    135. Snowboard trousers
    136. Ski trousers
    137. Trousers for children
    138. Trousers for children
    139. Trousers of leather
    140. American football pants
    141. Nurse pants
    142. Suspender belts for men
    143. Padded pants for athletic use
    144. Men's and women's jackets, coats, trousers, vests
    145. Short-sleeve shirts
    146. Tee-shirts
    147. Printed t-shirts
    148. Mock turtleneck shirts
    149. Short-sleeved T-shirts
    150. Yoga shirts
    151. Shirts and slips
    152. Padded shirts for athletic use
    153. Weatherproof clothing
    154. Formalwear
    155. Garments for protecting clothing
    156. Pockets for clothing.
  • The mark was filed in class 26 with following description of goods:
    1. Accessories for apparel, sewing articles and decorative textile articles
    2. Patches for clothing
    3. Patches for use in the repair of clothing
    4. Eyelets (Non-metallic -) for clothing
    5. Borders and edgings for clothing
    6. Borders for hemming clothing
    7. Snap buttons for clothing
    8. Whalebones for clothing
    9. Embroidered patches for clothing
    10. Gold embroidery for garments
    11. Belt buckles of precious metal [for clothing]
    12. Snap hooks [fasteners] for clothing
    13. Clasps for clothing
    14. Buttons for clothing
    15. Twisted cords for clothing
    16. Artificial blossoms for attachment to clothing
    17. Lanyard cords for clothing
    18. Eyelets of metal for clothing
    19. Novelty buttons [badges] for wear
    20. Bindings for hemming clothing
    21. Name tapes of textile material for marking clothing
    22. Name tapes of textile material for identifying clothing
    23. Loops for clothing
    24. Ornamental cloth patches
    25. Buckles of precious metal [clothing accessories]
    26. Clothing buckles
    27. Shoulder pads for clothing
    28. Embroidery for garments
    29. Name tags of textile for marking clothing
    30. Name tags of textile for identifying clothing
    31. Reinforcing tapes for clothing.
  • The mark was filed in class 35 with following description of goods:
    1. Business management
    2. Marketing
    3. Advertising
    4. Business administration
    5. Business administration
    6. Updating and maintenance of data in computer databases
    7. Updating of advertising material
    8. Cost price analysis
    9. Business inquiries
    10. Banner advertising
    11. Computerized file management
    12. Compilation of statistics
    13. Publication of publicity texts
    14. Layout services for advertising purposes
    15. Market analysis
    16. Marketing research and analysis
    17. Merchandising
    18. Advertising by mail order
    19. Market canvassing
    20. Customer loyalty services for commercial, promotional and/or advertising purposes
    21. Distribution of samples for publicity purposes
    22. Retail services in relation to: Clothing, excluding the following goods: Shapewear
    23. Retail services in relation to: Clothing accessories, other than for shapewear
    24. Retail services in relation to: Clothing and clothing accessories, excluding the following goods: Shapewear
    25. Retail services in relation to: Clothing, excluding the following goods: Shapewear
    26. Wholesale services in relation to: Clothing, excluding the following goods: Shapewear
    27. Online retail services in relation to: Clothing, excluding the following goods: Shapewear
    28. Online mail order relating to the following goods: Clothing, excluding the following goods: Shapewear
    29. Mail order services of the following goods: Clothing, excluding the following goods: Shapewear
    30. Mail order services of the following goods: Clothing accessories, other than for shapewear
    31. Retail services in relation to: Fashion accessories, other than for shapewear
    32. Fashion show exhibitions for commercial purposes
    33. Organization of fashion shows for promotional purposes
    34. Organisation of fashion shows for commercial purposes
    35. Organization of fashion parades for sales promotion purposes
    36. Promoting the sale of fashion goods through promotional articles in magazines.