The trademark BRAINTOYS was filed by Hravá škôlka s.r.o., a corporation established under the laws of the Slovak Republic (the "Applicant"). The application was published for oppositions on May 9, 2023, and received one opposition filed on August 3, 2023 by BRAIN TOYS, SPA on Likelihood of confusion. the opponent was represented by MERX PATENTES Y MARCAS, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 3, 2023
The application was filed in Slovak, and Slovak was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003200872 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Filtering materials of paper
Adhesives for stationery or household purposes
Decoration and art materials and media
Paper and cardboard
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Printed matter, and stationery and educational supplies
Works of art and figurines of paper and cardboard, and architects' models
Paper pennants
Adhesive materials for office use
Sticky tape
Gums [adhesives] for stationery or household purposes
Adhesives for art use
Double sided adhesive tapes for stationery use
Double sided adhesive tapes for household use
Plastic adhesives for stationery or household purposes
Self-adhesive tapes for stationery or household purposes
Glitter glue for stationery purposes
Gelatine glue for stationery or household purposes
Pencils
Colouring pens
Colour sample cards
Colored craft and art sand
Fluorescent paper
Writing brushes
Calligraphy paper
Chalk
Paint trays
Stencil plates
Modelling materials
Modelling paste
Artists' pens
Rulers
Drawing materials
Paint boxes for use in schools
Drawing books
Sketch boards
Painters' brushes
Indian inks
Square rulers
Artists' pencils
Artists' pastels
Copybooks
Painters' easels
Modelling clay
Modeling clay for children
Paper cutting crafts
Scratch books for drawing
Palettes for painters
Origami folding paper
Paper crafts materials
Illustration boards
Drawing pencils
Color pencils
Felt pens
Ball pens
Writing chalk
Pastels [crayons]
Seals [stamps]
Pens
Writing instruments
Writing materials
Rubber erasers
Correction pencils
Correction pens
Correction sticks
Educational books
Printed periodicals
Dictionaries
Exercise books
Story books
Novels
Activity books
Periodicals
Professional magazines
Picture books
Comics
Children's books incorporating an audio component
Books
Encyclopaedias
Books for children
Atlases
Diagrams
Cards
Blackboards
Printed tables
Terrestrial globes
Three dimensional models for educational purposes
Illustrated wall maps for educational purposes
Anatomical models for instructional and educational purposes
Arithmetical tables
Biological samples for use in microscopy [teaching materials]
Geographical maps
Magnetic levitation floating globes
Histological sections for teaching purposes
Celestial globes
Small blackboards
Paper teaching materials
Printed teaching activity guides
Printed educational materials
Printed correspondence course materials
Children's slates
Teaching materials [except apparatus].
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Sporting and physical exercise equipment
Fairground and playground apparatus
Automatic electronic games
Home video game machines
Electronic games
Video game consoles
Game controllers for computers
Gamepads
LCD game machines
Amusement game machines
Gamepads for video game machines
Gaming keypads
Controllers for game consoles
Joysticks for video games
Computer game joysticks
Hand-held consoles for playing video games
Portable gaming devices
Hand-held electronic games
Hand-held electronic video games
Building games
Electronic games apparatus
Computer game apparatus
Manipulative logic games
Manipulative games
Quiz games
Dice
Playing cards
Memory games
Counters [discs] for games
Electronic board games.
The mark was filed in class 41 with following description of goods:
Translation and interpretation
Ticket reservation and booking services for education, entertainment and sports activities and events
Education, entertainment and sport services
Publishing, reporting, and writing of texts
Education, entertainment and sports
Language interpreter services
Entertainment services
Education and training in the field of music and entertainment
Education and instruction services
Conducting of cultural activities
Conducting of cultural events
Workshops for cultural purposes
Entertainment services relating to competitions
Sporting and cultural activities
Amusement centers
Leisure services
Educational services provided by schools
Production of documentaries
Provision of on-line entertainment
Providing on-line reviews of books
Provision of recreational activities
Organising of entertainment
Organising of shows for entertainment purposes
Organisation and presentation of shows
Cultural activities
Summer camps [entertainment and education]
Tutoring
Audio-visual display presentation services for educational purposes
Academies [education]
Further education
Remedial tuition
Remedial tuition in language
Tutoring at cram schools
Remedial tuition in speech
Education information
Information relating to education, provided on-line from a computer database or the internet