The trademark application was filed by GALLETAS ARTIACH, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). Application under examination.
The application was filed in Spanish (English was selected as the second language).
The Appeal with reference B R2133/2023-2 was Other according to Article 7(1)(b) EUTMR with decision issued on December 18, 2023 by the EUIPO. The Refusal with reference B 018825653 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with Metal cases.
The mark was filed in class 9 with following description of goods:
Downloadable virtual goods, namely, metal cases, paper and cardboard, printed matter, bookbinding material, photographs, trading cards, albums, stationery and office requisites, except furniture, adhesives for stationery or household purposes, drawing materials and materials for artists, paintbrushes, instructional and teaching materials, plastic sheets, films and bags for wrapping and packaging
Downloadable virtual goods, namely, printed publications, advent calendars, story books, table napkins of paper, banners of paper, decorative paper garlands for parties, luggage, bags for sports, all-purpose carrying bags, handbags, bags, rucksacks, bumbags, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, paper plates
Downloadable virtual goods, namely, combs and sponges, brushes, glassware, porcelain and earthenware, household linen, curtains of textile or plastic, towels of textile for the beach, kitchen linen, bath mitts, textile tablecloths, table napkins of textile, clothing, footwear, headwear, games, toys and playthings, video game apparatus, gymnastic and sporting articles
Downloadable virtual goods, namely, decorations for Christmas trees, party balloons, playing cards, piñatas, biscuits, cookies
Downloadable digital files authenticated by non-fungible tokens, namely, metal cases, paper and cardboard, printed matter, bookbinding material, photographs, trading cards, albums, stationery and office requisites, except furniture, adhesives for stationery or household purposes, drawing materials and materials for artists, paintbrushes, instructional and teaching materials, plastic sheets, films and bags for wrapping and packaging
Downloadable digital files authenticated by non-fungible tokens, namely, printed publications, advent calendars, story books, table napkins of paper, banners of paper, decorative paper garlands for parties, luggage, bags for sports, all-purpose carrying bags, handbags, bags, rucksacks, bumbags, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, paper plates
Downloadable digital files authenticated by non-fungible tokens, namely, combs and sponges, brushes, glassware, porcelain and earthenware, household linen, curtains of textile or plastic, towels of textile for the beach, kitchen linen, bath mitts, textile tablecloths, table napkins of textile, clothing, footwear, headwear, games, toys and playthings, video game apparatus, gymnastic and sporting articles
Downloadable digital files authenticated by non-fungible tokens, namely, decorations for Christmas trees, party balloons, playing cards, piñatas, biscuits, cookies.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Trading cards
Albums
Stationery and office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paintbrushes
Instructional and teaching materials
Plastic sheets, films and bags for wrapping and packaging
Printed publications
Advent calendars
Story books
Table napkins of paper
Banners of paper
Decorative paper garlands for parties.
The mark was filed in class 18 with following description of goods:
Luggage
Bags for sports
All-purpose carrying bags
Handbags
Bags
Rucksacks
Bumbags.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Paper plates
Combs and sponges
Brushes
Glassware, porcelain and earthenware.
The mark was filed in class 24 with following description of goods:
Household linen
Curtains of textile or plastic
Towels of textile for the beach
Kitchen linen
Bath mitts
Textile tablecloths
Table napkins of textile.
The mark was filed in class 25 with Clothing, footwear, headwear.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees
Party balloons
Playing cards
Piñatas.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing access to virtual environments in which users can interact for recreational purposes
Entertainment services, namely, providing an online environment featuring entertainment content
Entertainment services, namely, providing an online environment for celebrating events
Entertainment services, namely, organizing, arranging, and hosting virtual performances and social entertainment events
Entertainment services, namely, providing online actual and virtual concerts and other virtual events
Entertainment services, namely, providing online virtual goods for their use in virtual environments, namely, metal cases, paper and cardboard, printed matter, bookbinding material, photographs, trading cards, albums, stationery and office requisites, except furniture, adhesives for stationery or household purposes, drawing materials and materials for artists, paintbrushes, instructional and teaching materials, plastic sheets
Providing online virtual goods for their use in virtual environments, namely, films and bags for wrapping and packaging
Providing online virtual goods for their use in virtual environments, namely, printed publications, advent calendars, story books, table napkins of paper, banners of paper, decorative paper garlands for parties, luggage, bags for sports, all-purpose carrying bags, handbags, bags, rucksacks, bumbags, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, paper plates
Providing online virtual goods for their use in virtual environments, namely, combs and sponges, brushes, glassware, porcelain and earthenware, household linen, curtains of textile or plastic, towels of textile for the beach, kitchen linen, bath mitts, textile tablecloths, table napkins of textile, clothing, footwear, headwear, games, toys and playthings, video game apparatus, gymnastic and sporting articles
Providing online virtual goods for their use in virtual environments, namely, decorations for Christmas trees, party balloons, playing cards, piñatas, biscuits, cookies
Operating a virtual restaurant featuring virtual food and beverage products
Operating a virtual restaurant featuring home delivery in the virtual world
Entertainment services, namely, providing on-line, non-downloadable virtual gifts, gift certificates, rewards, points, incentives and prizes for use in virtual environments created for entertainment purposes.