EUTM file information

018871612

KITZ

May 7, 2023

Trademark Summary

The trademark KITZ was filed by Kitzbühel Tourismus, Körperschaft des öffentlichen Rechts, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 20, 2023, and received undefined oppositions.

Opposition Proceedings

There are undefined oppositions were filed:

  • The first opposition filed on February 20, 2024 by Intercontinental Great Brands LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and its proceedings were handled in English
  • The second opposition filed on February 14, 2024 by Kitz Corporation on Likelihood of confusion. the opponent was represented by MANITZ FINSTERWALD PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and its proceedings were handled in English
  • The third opposition filed on February 11, 2024 by Kitz Heimat GmbH on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and its proceedings were handled in German
  • The fourth opposition filed on January 22, 2024 by Hirsch-Brauerei Honer GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by TETZNER & PARTNER MBB PATENT- UND RECHTSANWÄLTE and its proceedings were handled in German

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

The Opposition with reference B 003210447 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on January 23, 2025 by the EUIPO.

Goods And Services

  • The mark was filed in class 3 with following description of goods:
    1. Sun creams
    2. Sunscreen preparations
    3. Emollient preparations [cosmetics]
    4. Suncare lotions
    5. Amla oil for cosmetic purposes
    6. Organic cosmetics
    7. Body cleaning and beauty care preparations
    8. Sanitary preparations being toiletries
    9. Cosmetics
    10. Facial preparations
    11. Cosmetics
    12. Cosmetic preparations for body care
    13. Oils for cosmetic purposes
    14. Mineral oils [cosmetic]
    15. Natural cosmetics
    16. Cosmetics
    17. Perfumery and fragrances
    18. Aromatics for fragrances
    19. Aromatics for perfumes
    20. Pomanders [aromatic substances]
    21. Fragrance preparations
    22. Perfumes
    23. Perfumery
    24. Perfumed creams
    25. Detergent compositions for cleaning golf clubs
    26. Ethereal oils
    27. Ethereal essences
    28. Beauty masks
    29. Beauty care cosmetics
    30. Massage oils
    31. Oils for hair conditioning
    32. Shampoos
    33. Hair lotions
    34. Hair preparations and treatments
    35. Hair conditioners
    36. Fragrances
    37. Scented oils
    38. Scented sachets
    39. Scented water
    40. Scented bathing salts
    41. Potpourris [fragrances]
    42. Soap
    43. Sun-tanning oils
    44. Sun tan milk
    45. Suntan creams
    46. Sun tan lotion
    47. Sun bronzers
    48. Essential oils and aromatic extracts
    49. Toiletries
    50. Cleaning and fragrancing preparations, other than for personal use
    51. Abrasives
    52. Tailors' and cobblers' wax
    53. Animal grooming preparations.
  • The mark was filed in class 4 with following description of goods:
    1. Wax for skis
    2. Candles for lighting
    3. Fuels and illuminants
    4. Electrical energy
    5. Lubricants and industrial greases, waxes and fluids
    6. Dust controlling compositions
    7. Dust absorbing compositions
    8. Candles
    9. Candle torches
    10. Perfumed candles
    11. Nightlights [candles]
    12. Candle assemblies
    13. Candles in tins.
  • The mark was filed in class 9 with following description of goods:
    1. Spectacle chains
    2. Spectacle straps
    3. Eyewear pouches
    4. Snow goggles
    5. Sunglasses
    6. Cases for sunglasses
    7. Rangefinders for golf
    8. Glacier eyeglasses
    9. Helmets for bicycles
    10. Helmets for use in sports
    11. DVD players
    12. Goggles
    13. Goggles for sports
    14. Apparatus for measuring the speed of golf swing
    15. Radios
    16. Software
    17. Games software
    18. Skateboard helmets
    19. Helmets for use in sports
    20. Safety caps
    21. Scientific research and laboratory apparatus, educational apparatus and simulators
    22. Apparatus, instruments and cables for electricity
    23. Downloadable and recorded content
    24. Information technology and audio-visual, multimedia and photographic devices
    25. Magnets, magnetizers and demagnetizers
    26. Measuring, detecting, monitoring and controlling devices
    27. Navigation, guidance, tracking, targeting and map making devices
    28. Optical devices, enhancers and correctors
    29. Safety, security, protection and signalling devices
    30. Diving equipment
    31. Scientific and laboratory devices for treatment using electricity
    32. Audiovisual teaching apparatus
    33. Recorded data files
    34. Pre-recorded compact discs
    35. Media content
    36. Databases
    37. Computer digital maps
    38. Downloadable digital files authenticated by non-fungible tokens [NFTs]
    39. Directories [electric or electronic]
    40. Data recorded electronically from the internet
    41. Timetables (Electronic -)
    42. Downloadable emoticons for mobile phones
    43. Downloadable multimedia files
    44. Holograms
    45. Reprographic plates (sensitised -) [exposed]
    46. Recorded data [magnetic]
    47. Recording substrates [optical]
    48. Optical disc recordings
    49. Glasses, sunglasses and contact lenses
    50. Smartglasses.
  • The mark was filed in class 14 with following description of goods:
    1. Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes
    2. Jewellery, precious stones
    3. Horological and chronometric instruments
    4. Key rings [split rings with trinket or decorative fob]
    5. Key rings
    6. Pins [jewellery].
  • The mark was filed in class 16 with following description of goods:
    1. Invitation cards
    2. Planners [printed matter]
    3. Geographical maps
    4. Broadsheets
    5. Pamphlets, Magazines [periodicals] and Prospectuses, in the following fields: Tourism
    6. Newspapers
    7. Crossword puzzles
    8. Periodicals
    9. Magazines [periodicals]
    10. Labels of paper
    11. Printed paper labels
    12. Prospectuses
    13. Decorative stickers for helmets
    14. Teaching materials [except apparatus]
    15. Printed matter, and stationery and educational supplies
    16. Brochures
    17. Spirit masters for mimeographing
    18. Magazines [periodicals]
    19. Advertising pamphlets
    20. Stickers [stationery]
    21. Stickers [stationery]
    22. Photographs [printed]
    23. Cards
    24. Postcards and picture postcards
    25. Printed novelty wine labels
    26. Books
    27. Packaging materials
    28. Printed packaging materials of paper
    29. Decoration and art materials and media
    30. Filtering materials of paper
    31. Adhesives for stationery or household purposes
    32. Works of art and figurines of paper and cardboard, and architects' models
    33. Paper and cardboard
    34. Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
    35. Stickers [stationery]
    36. Stickers [stationery].
  • The mark was filed in class 18 with following description of goods:
    1. Umbrellas
    2. Luggage tags
    3. Trousers of leather
    4. Leather caps
    5. Aprons, of leather
    6. Leather bracelets
    7. Leather jackets
    8. Money cases, Purses, of leather
    9. Leather bags
    10. Animal skins, hides
    11. Trunks and suitcases
    12. Umbrellas, parasols and walking sticks
    13. Whips, harness and saddlery.
  • The mark was filed in class 21 with following description of goods:
    1. Golf brushes
    2. Soap boxes
    3. Soap racks
    4. Schnapps glasses
    5. Wine jugs
    6. Pipettes [wine-tasters]
    7. Coolers for wine
    8. Wine glasses
    9. Wine pourers
    10. Porcelain ware
    11. Plaques of porcelain
    12. Corkscrews, electric and non-electric
    13. Wine buckets
    14. Wine coasters of precious metal
    15. Laundry baskets
    16. Porcelain
    17. Porcelain mugs
    18. Boxes of porcelain
    19. Ornamental sculptures made of porcelain
    20. Decorative china
    21. Works of art made of porcelain
    22. Porcelain flower pots
    23. Porcelain flower pots
    24. Porcelain mugs
    25. Ornamental models made of porcelain
    26. Porcelain coasters
    27. Signboards of porcelain or glass
    28. Earthenware
    29. Figurines made of terra cotta
    30. Earthenware basins
    31. Mugs made of earthenware
    32. Works of art made of earthenware
    33. Jardinieres of earthenware
    34. Household containers
    35. Drinking bottles
    36. Cups
    37. Hydration packs comprising a fluid reservoir and a delivery tube
    38. Water bottles
    39. Mugs of precious metal
    40. Glass bottles
    41. Bottle openers incorporating knives.
  • The mark was filed in class 24 with following description of goods:
    1. Filtering materials of textile
    2. Fabrics
    3. Textile goods, and substitutes for textile goods
    4. Covers for cushions
    5. Woolen blankets
    6. Bed linen and blankets
    7. Blankets for household pets
    8. Woolen blankets.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Sportswear
    3. Jackets being sports clothing
    4. Headbands [clothing]
    5. Caps with visors
    6. Headgear
    7. Shoes
    8. Caps being headwear
    9. Bonnets
    10. Casualwear
    11. Kerchiefs [clothing]
    12. Quilted jackets [clothing]
    13. Slipovers [clothing]
    14. Mufflers [clothing]
    15. Folk costumes
    16. Windproof clothing
    17. Knitwear [clothing]
    18. Clothing of leather
    19. Linen clothing
    20. Clothing made of fur
    21. Sportswear
    22. Clothing for horse-riding [other than riding hats]
    23. Footwear
    24. Golf footwear
    25. Casual footwear
    26. Sports headgear [other than helmets]
    27. Leather headwear
    28. Walking shoes
    29. Walking shoes
    30. Golf footwear
    31. Golf caps
    32. Golf trousers
    33. Polo shirts
    34. Golf skirts
    35. Ski trousers
    36. Ski boots
    37. Ski jackets
    38. Ski hats
    39. Snow suits
    40. Clothing for skiing
    41. Ski gloves
    42. Ski and snowboard shoes and parts thereof
    43. Sports pants
    44. Sports socks
    45. Sports jackets
    46. Sports shoes
    47. Casual shirts
    48. Sports caps
    49. Sneakers
    50. Sweat shirts
    51. Sports shirts with short sleeves
    52. Cycling shorts
    53. Cycling shorts
    54. Cyclists' clothing
    55. Cycling gloves
    56. Cycling tops
    57. Rain hats
    58. Waterproof trousers
    59. Rainshoes
    60. Raincoats
    61. Rain ponchos
    62. Rainwear
    63. Layettes [clothing]
    64. Babies' outerclothing
    65. Parts of clothing, footwear and headgear
    66. Headbands [clothing]
    67. Head sweatbands
    68. Cycling caps
    69. Sports headgear [other than helmets].
  • The mark was filed in class 26 with following description of goods:
    1. Ornamental novelty badges
    2. Buttons
    3. Buttons, of metal
    4. Patches.
  • The mark was filed in class 28 with following description of goods:
    1. Sports equipment
    2. Skis
    3. Sole coverings for skis
    4. Sole coverings for skis
    5. Ski sticks
    6. Sole coverings for skis
    7. Snowboards
    8. Ski bindings
    9. Sole coverings for skis
    10. Ski bags
    11. Covers for ski bindings
    12. Golf balls
    13. Golf club bags
    14. Golf putters
    15. Golf clubs
    16. Golf bag trolleys
    17. Golf ball markers
    18. Golf gloves
    19. Nets for practising golf
    20. Putting cups
    21. Golf club covers
    22. Golf club grips
    23. Golf club bags
    24. Caddie bags for golf clubs
    25. Golf club covers
    26. Golf swing alignment apparatus
    27. Golf irons
    28. Golf tees
    29. Golf practice apparatus
    30. Golf training aids
    31. Golf ball retrievers
    32. Golf tee bags
    33. Tee holders
    34. Bag stands for golf bags
    35. Golf club grips
    36. Putting practice mats [golf implement]
    37. Articles for playing golf
    38. Skateboard wheels
    39. Decorations for Christmas trees
    40. Decorations for Christmas trees
    41. Candle holders for Christmas trees
    42. Bells for Christmas trees
    43. Games
    44. Model railways
    45. Electronic games
    46. Mechanical games
    47. Dice
    48. Balls being sporting articles
    49. Dolls for playing
    50. Toys, games, and playthings
    51. Toy sets
    52. Toy animals
    53. Balls for games
    54. Toy jewellery
    55. Toy figures
    56. Porcelain dolls
    57. Appliances for gymnastics
    58. Sporting articles
    59. Playing cards
    60. Sporting and physical exercise equipment
    61. Fairground and playground apparatus.
  • The mark was filed in class 30 with following description of goods:
    1. Sugar, honey, treacle
    2. Spices
    3. Coffee
    4. Tea
    5. Flour
    6. Cereal preparations
    7. Bread
    8. Bakery goods
    9. Flour confectionery
    10. Edible ices
    11. Salt
    12. Vinegar
    13. Sauces [condiments]
    14. Salts, seasonings, flavourings and condiments.
  • The mark was filed in class 32 with following description of goods:
    1. Beer
    2. Carbonated mineral water
    3. Non-alcoholic beverages
    4. Fruit drinks
    5. Syrups and other non-alcoholic preparations for making beverages.
  • The mark was filed in class 33 with following description of goods:
    1. Brandy
    2. Wine
    3. Wine-based beverages
    4. Bitters
    5. Alcoholic cocktail mixes
    6. Alcoholic punches
    7. Mulled wines
    8. Digestifs [liqueurs and spirits]
    9. Alcoholic beverages (except beer).
  • The mark was filed in class 35 with following description of goods:
    1. Distribution of prospectuses for advertising purposes
    2. Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
    3. Advertising in the field of tourism and travel
    4. Issuing of publicity leaflets
    5. Publication of advertising literature
    6. Advertising and marketing
    7. Retail services in relation to sporting equipment
    8. Retail services and On-line retail store services in relation to the following goods: Clothing, Headgear, Footwear, Bags, Sportswear, Babywear and children's wear, Sunglasses, Sport bags, Sports equipment, sport equipment, Cosmetics, scented candles, body care products, Spices, glasses, porcelain goods, Cups, Cooking spoons, Chopping boards, Plates made of earthenware, dishes made of ceramic, Drinking glasses, coasters, cushions, cushion covers, Bedlinen, dish cloths, hand towels, bath towels, Sauna towels, pads, cloth napkins, Table blankets, Flats, Mats, Blankets, Woollen blankets, Stuffed animals, Toys, coasters, Wine glasses
    9. Arranging and placing of advertisements
    10. Arranging and placing of advertisements
    11. Distribution of advertising material by post
    12. Advertising via electronic media and specifically the internet
    13. Direct mail advertising
    14. Planning and conducting of trade fairs, exhibitions and presentations for economic or advertising purposes
    15. Business management
    16. Business administration
    17. Secretarial and clerical services
    18. Advertising in periodicals, brochures and newspapers
    19. Magazine advertising
    20. Publicity services
    21. Public relations consultancy
    22. Dissemination of advertising, marketing and publicity materials
    23. Assistance to management in commercial enterprises in respect of public relations
    24. Production of video recordings for advertising purposes
    25. Online advertisements
    26. Advertising services relating to real property
    27. Advertising services relating to the provision of business
    28. Promotional management for sports personalities
    29. Promotion [advertising] of business
    30. Advertising services relating to hotels
    31. Business promotion
    32. Advertising
    33. Direct marketing
    34. Advertising services relating to the travel industries
    35. Advertising services provided via the internet
    36. Promotion [advertising] of travel
    37. Advertising, marketing and promotional services
    38. Advertising of commercial or residential real estate
    39. Advertising through all public communication means
    40. Promotion, advertising and marketing of on-line websites
    41. Advertising, including promotion of products and services of third parties through sponsoring arrangements and licence agreements relating to international sports' events
    42. Distribution of advertising material
    43. Bill-posting
    44. Digital advertising services
    45. On-line advertising and marketing services
    46. Consulting services in the field of Internet marketing
    47. Retail services and On-line retail store services, in relation to the following goods: Toys, Stuffed animals, cushions, Blankets, textile products, knives, ceramic mugs, Earthenware.
  • The mark was filed in class 39 with following description of goods:
    1. Booking of seats for travel
    2. Tourist travel reservation services
    3. Booking agency services for sightseeing tours
    4. Booking agency services for travel
    5. Reservation and booking services for transportation
    6. Booking of holiday travel and tours
    7. Booking of travel through tourist offices
    8. Arranging and booking of day trips
    9. Arranging and booking of excursions
    10. Arranging and booking of travel
    11. Arranging and booking of tours
    12. Arranging and booking of sightseeing tours
    13. Providing information relating to bicycle rental services
    14. Transport information, advice and reservation services
    15. Vehicle parking and storage
    16. Transport
    17. Rental services related to vehicles, transportation, and storage
    18. Packaging and storage of goods
    19. Distribution by pipeline and cable
    20. Parking and vehicle storage, mooring
    21. Transport
    22. Rental services related to transportation and storage.
  • The mark was filed in class 41 with following description of goods:
    1. Publication of printed matter
    2. Publication of printed matter
    3. Publication of printed matter in electronic form on the Internet
    4. Publication of online guide books, travel maps, city directories and listings for use by travellers, not downloadable
    5. Publication of newspapers, periodicals, catalogs and brochures
    6. Publishing of web magazines
    7. Training in the field of advertising
    8. Concert booking
    9. Entertainment booking services
    10. Theatre booking services
    11. Ticketing and event booking services
    12. Booking of seats for shows and sports events
    13. Booking of sports personalities for events (services of a promoter)
    14. Booking of performing artists for events (services of a promoter)
    15. Golf tuition
    16. Golf driving range services
    17. Rental of golf equipment
    18. Providing golf facilities
    19. Entertainment services relating to the playing of golf
    20. Instruction in golfing skills
    21. Organisation of professional golf tournaments or competitions
    22. Golf fitness instruction
    23. Entertainment information
    24. Instructional services for skiing
    25. Ski schools
    26. Instructional services for skiing
    27. Providing ski slopes
    28. Rental of ski equipment
    29. Provision of ski-ing facilities
    30. Rental of ski equipment
    31. Recreational services relating to skiing
    32. Sports training
    33. Exercise classes
    34. Entertainment services relating to sport
    35. Provision of information relating to sports
    36. Entertainment services relating to sport
    37. Sporting activities
    38. Organising of sporting activities and of sporting competitions
    39. Rental of equipment for use at sporting events
    40. Sporting and recreational activities
    41. Sports training
    42. Tuition in sports
    43. Tuition in sports
    44. Sports club services
    45. Sport camp services
    46. Providing sports facilities
    47. Operation of sports facilities
    48. Gymnasium club services
    49. Provision of sporting club facilities
    50. Physical education facilities (Provision of -)
    51. Tournaments (Staging of sports -)
    52. Organising of sporting activities and of sporting competitions
    53. Organising of sporting events, competitions and sporting tournaments
    54. Instruction courses relating to sporting activities
    55. Providing facilities for sporting events, sports and athletic competitions and awards programmes
    56. Sporting and cultural activities
    57. Organisation of sports events in the field of football
    58. Rental of sports or exercise equipment
    59. Rental of sports equipment, except vehicles
    60. Providing recreation facilities
    61. Recreational services relating to hiking
    62. Recreational services relating to horse riding
    63. Recreational services relating to bob-sledding
    64. Entertainment services, namely, Online providing, In connection with the following goods: Virtual glasses, virtual portable electronic apparatus and accessories relating thereto, Digital animated and non-animated designs, characters and avatars, providing multimedia entertainment via website
    65. Entertainment services, namely, Providing of an online virtual platform for trading and advertising virtual goods, digital files, 3D assets and tokens
    66. Entertainment by means of concerts
    67. Organising of entertainment competitions
    68. Conducting of sports events
    69. Organization of entertainment events
    70. Organisation of parties
    71. Live demonstrations for entertainment
    72. Organisation of outings for entertainment
    73. Entertainment in the nature of golf tournaments
    74. Entertainment in the nature of tennis tournaments
    75. Entertainment in the nature of track and field competitions
    76. Entertainment in the nature of beauty pageants
    77. Arranging of visual and musical entertainment
    78. Arranging and conducting award ceremonies
    79. Exercise [fitness] training services
    80. Exercise [fitness] advisory services
    81. Conducting fitness classes
    82. Provision of keep fit facilities
    83. Personal trainer services [fitness training]
    84. Health club services [health and fitness training]
    85. Provision of keep fit facilities
    86. Physical fitness instruction for adults and children
    87. Caddying
    88. Organization of bicycle races
    89. Physical education
    90. Teaching
    91. Educational instruction
    92. Organisation of entertainment and cultural events
    93. Organization of sports competitions
    94. Organization of sports competitions
    95. Publication of magazines
    96. Organising of entertainment competitions
    97. Publication of printed matter and printed publications
    98. Provision of entertainment via podcast
    99. Production of podcasts
    100. Creation [writing] of educational content for podcasts
    101. Education, entertainment and sports
    102. Education, entertainment and sport services
    103. Ticket reservation and booking services for education, entertainment and sports activities and events
    104. Translation and interpretation
    105. Publishing, reporting, and writing of texts
    106. Music festival services
    107. Provision of training courses
    108. Presentation of live performances by musical bands
    109. Organization of cultural shows
    110. Arranging culinary events, Organisation of motor sport events, Organising of concerts.
  • The mark was filed in class 43 with following description of goods:
    1. Provision of food and drink
    2. Temporary accommodation
    3. Hotel reservations
    4. Booking of hotel accommodation
    5. Booking of accommodation for travellers
    6. Booking agency services for hotel accommodation
    7. Providing on-line information relating to holiday accommodation reservations
    8. Making reservations and bookings for restaurants and meals
    9. Provision of information relating to the booking of accommodation
    10. Services for providing food and drink
    11. Wine tasting services (provision of beverages)
    12. Tourist inns
    13. Hospitality services [accommodation]
    14. Accommodation services for meetings
    15. Arranging of accommodation for holiday makers
    16. Providing information about temporary accommodation services
    17. Rental of temporary accommodation in holiday homes and flats
    18. Accommodation exchange services [time share]
    19. Hotels, hostels and boarding houses, holiday and tourist accommodation
    20. Consultancy provided by telephone call centers and hotlines in the field of temporary accommodation
    21. Restaurant information services
    22. Information relating to hotels
    23. Wine bar services
    24. Information, advice and reservation services for the provision of food and drink
    25. Temporary accommodation information, advice and reservation services
    26. Rental of furniture, linens, table settings, and equipment for the provision of food and drink
    27. Boarding for animals
    28. Providing temporary accommodation.