The trademark TOPPERFUN was filed by Shenzhen Manmei Puer Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on April 16, 2023, and received one opposition filed on July 13, 2023 by Dart Industries Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JONAS RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 13, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 26, 2023.
The Opposition with reference B 003199478 was refused according to Article 8(1)(b) EUTMR with decision issued on July 31, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 14 with following description of goods:
Precious metals, unwrought or semi-wrought
Alloys of precious metal
Boxes of precious metal
Jewelry cases [caskets]
Jewelry findings
Presentation boxes for jewelry
Agates
Silver thread [jewellery, jewelry (Am.)]
Bracelets [jewellery, jewelry (Am.)]
Trinkets [jewellery, jewelry (Am.)]
Brooches [jewellery, jewelry (Am.)]
Chains [jewellery, jewelry (Am.)]
Necklaces [jewellery, jewelry (Am.)]
Tie clips
Diamonds
Wire of precious metal [jewellery, jewelry (Am.)]
Ornaments of jet
Jewelry
Medallions [jewellery, jewelry (Am.)]
Medals
Gold thread [jewellery, jewelry (Am.)]
Ornamental pins
Pearls [jewellery jewelry (Am.)]
Semi-precious stones
Precious stones
Jewellery (Paste —)
Rings [jewellery, jewelry (Am.)]
Works of art of precious metal
Hat jewelry
Earrings
Shoe ornaments of precious metal
Statuettes of precious metal
Pins [jewellery, jewelry (Am.)]
Tie pins
Beads for making jewelry
Jewelry rolls
Key rings [trinkets or fobs]
Charms for key rings
Retractable key rings
Jewellery hat pins
Commemorative medals
Jewelry for the head
Clocks
Wristwatches
Watch straps
Watch bands
Watch chains
Chronometrical instruments
Clocks and watches, electric
Cases for clock- and watchmaking
Watches
Watch springs
Watch glasses
Alarm clocks
Watch cases
Presentation boxes for watches
Movements for clocks and watches
Women's watches
Watch pouches
Pocket watches.
The mark was filed in class 16 with following description of goods:
Paper
Parchment paper
Tracing paper
Copying paper [stationery]
Xuan paper for Chinese painting and calligraphy
Table linen of paper
Handkerchiefs of paper
Tablecloths of paper
Coasters of paper
Place mats of paper
Towels of paper
Paper bows
Patterns for dressmaking
Placards of paper or cardboard
Pads [stationery]
Note books
Cards
Perforated cards for Jacquard looms
Postcards
Printed matter
Bookmarkers
Greeting cards
Calendars
Labels, not of textile
Stickers [stationery]
Banners of paper
Cardboard tubes
Printed publications
Periodicals
Pictures
Packing paper
Boxes of cardboard or paper
Garbage bags of paper or of plastics
Stencil plates
Plastic film for wrapping
Pencil sharpening machines, electric or non-electric
Office perforators
Bookbinding material
Jackets for papers
Pen cases
Stationery
Writing cases [stationery]
Inkstands
Stamps [seals]
Numbering apparatus
Drawing pens
Paintbrushes
Writing instruments
Marking pens [stationery]
Adhesives [glues] for stationery or household purposes
Adhesives for stationery or household purposes
Drawing instruments
Painters' easels
Drawing materials
Palettes for painters
Prints [engravings]
Teaching materials [except apparatus]
Steatite [tailor's chalk]
Modelling materials
Bags [envelopes, pouches] of paper or plastics, for packaging.
The mark was filed in class 28 with following description of goods:
Games
Video game machines
Kites
Conjuring apparatus
Toys for domestic pets
Playing balls
Toys
Building blocks [toys]
Paper party favours
Toy pistols
Practical jokes [novelties]
Dolls
Toy masks
Spinning tops [toys]
Flying discs [toys]
Bubble making wand and solution sets
Toy vehicles
Confetti
Paper party hats
Toy models
Masks [playthings]
Drones [toys]
Toy robots
Marionettes
Smart toys
Jigsaw puzzles
Chess games
Board games
Playing cards
Golf practice apparatus
Balls for games
Bats for games
Shuttlecocks
Body-training apparatus
Rehabilitation apparatus (Body —)
Bar-bells
Archery implements
Targets
Physical exercises (Machines for —)
Gymnastics (Appliances for —)
Climbers' harness
Skateboards
Paintball guns [sports apparatus]
Hunting game calls
Swimming pools [play articles]
Gloves for games
Flippers for swimming
Baseball gloves
Knee guards [sports articles]
Protective paddings [parts of sports suits]
Swimming rings
In-line roller skates
Christmas trees of synthetic material
Christmas crackers [party novelties]
Bells for Christmas trees
Ornaments for Christmas trees, except illumination articles and confectionery