EUTM file information

018899246

NUTCRACKER

July 10, 2023

Trademark Summary

The trademark NUTCRACKER was filed by Wenzhou Hutaojiazi Culture Development Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on January 7, 2024, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on March 21, 2024 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and its proceedings were handled in English The second opposition filed on February 27, 2024 by nutkräckers g.m.b.h. on Likelihood of confusion. the opponent was represented by Geitz Patentanwälte PartG mbB and its proceedings were handled in English

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

The Refusal with reference B 018899246 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on October 15, 2023 by the EUIPO. The Opposition with reference B 003214143 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 15, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Downloadable application software
    2. Egg timers [sandglasses]
    3. Photographic equipment
    4. Scales
    5. Rules [measuring instruments]
    6. Signs, luminous
    7. Mobile telephones
    8. Cell phone straps
    9. Baby monitors
    10. Selfie sticks [hand-held monopods]
    11. Temperature indicators
    12. Teaching apparatus
    13. Stereoscopes
    14. Chips [integrated circuits]
    15. Fire extinguishers
    16. Protection devices for personal use against accidents
    17. Theft prevention installations, electric
    18. Spectacles
    19. Animated cartoons
    20. Sports whistles.
  • The mark was filed in class 14 with following description of goods:
    1. Presentation boxes for jewellery
    2. Wristwatches
    3. Presentation boxes for watches
    4. Watch bands
    5. Rosaries
    6. Precious stones
    7. Wedding rings
    8. Jewellery rolls.
  • The mark was filed in class 20 with following description of goods:
    1. Furniture
    2. Trays, not of metal
    3. Work benches
    4. Picture frames
    5. Bamboo, unworked or semi-worked
    6. Horn, unworked or semi-worked
    7. Display boards
    8. Birdhouses
    9. Identification bracelets, not of metal
    10. Bumper guards for cots, other than bed linen
    11. Head positioning pillows for babies
    12. Curtain rings.
  • The mark was filed in class 29 with following description of goods:
    1. Meat
    2. Edible birds' nests
    3. Seaweed extracts for food
    4. Tuna, not live
    5. Fruits, tinned
    6. Fruit, preserved
    7. Vegetables, preserved
    8. Eggs
    9. Butter
    10. Cheese
    11. Soured milk
    12. Oils for food
    13. Jellies for food, other than confectionery
    14. Mushrooms, prepared
    15. Tofu
    16. Sausage casings, natural or artificial, Nuts, prepared.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee
    2. Tea
    3. Tea-based beverages
    4. Sugar
    5. Chocolate-coated nuts
    6. Honey
    7. Pizzas
    8. Pâtés en croûte
    9. Pasta
    10. Rice-based snack food
    11. Potato flour
    12. Yeast
    13. Food flavourings, other than essential oils
    14. Preparations for stiffening whipped cream
    15. Gluten prepared as foodstuff.
  • The mark was filed in class 32 with following description of goods:
    1. Beer
    2. Malt beer
    3. Non-alcoholic fruit extracts
    4. Smoothies
    5. Energy drinks
    6. Mineral water [beverages]
    7. Waters [beverages]
    8. Fruit juices
    9. Tomato juice [beverage]
    10. Preparations for making non-alcoholic beverages.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Providing business information via a website
    3. Commercial administration of the licensing of the goods and services of others
    4. Organization of trade fairs
    5. Business management of hotels
    6. Providing business information
    7. Import-export agency services
    8. Sales promotion for others
    9. Business management of performing artists
    10. Management of performing artists
    11. Systemization of information into computer databases
    12. Administrative processing of purchase orders
    13. Online ordering services in the field of restaurant take-out and delivery
    14. Book-keeping
    15. Rental of vending machines
    16. Sponsorship search
    17. Sponsorship search consultancy services
    18. Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies.
  • The mark was filed in class 41 with following description of goods:
    1. Teaching
    2. Academies [education]
    3. Presenting museum exhibitions
    4. Lending library services
    5. Publication of books
    6. Cinema presentations
    7. Rental of artwork
    8. Amusement park services
    9. Games library services
    10. Toy rental
    11. Games equipment rental
    12. Conducting guided tours
    13. Providing museum facilities
    14. Zoological garden services
    15. Modelling for artists
    16. Organization of lotteries
    17. Rental of indoor aquaria.