The trademark was filed by Jiří Suchý, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on August 26, 2007, and received one opposition filed on November 26, 2007 by HIT hoteli, igralnice, turizem d.d. Nova Gorica on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PATENTNA PISARNA D.O.O. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 26, 2007
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on September 21, 2017.
of the trademark registration was recorded on September 21, 2017. Change of name and professional address of the trademark registration was recorded on November 21, 2006. Deletion of the representative of the trademark registration was recorded on February 18, 2008. Licences granted of the trademark registration was recorded on November 21, 2011.
The Opposition with reference B 001249384 was rejected according to Article 8(1)(b) CTMR with decision issued on May 27, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 11 with Aroma lamps, heating, cooling and ventilation systems, electric, air conditioning, lighting for scaffolding and excavation sites, apparatus and equipment for cooking, refrigerating, ventilating and heating air, air purifying equipment, apparatus for water supply, heating, steam generating purposes, extractor fans, apparatus for heating and ventilating greenhouses, forage drying machines, solar heated accumulators - solar collectors, lamp lights and chinese lanterns, garden lamps and lamps for lighting plants, germicidal burners for destroying bacteria, pocket torches, hearths, stoves, for solid or liquid fuels, or operating on gas or electricity and parts and fittings therefor, cooking apparatus, roasting apparatus and grilling apparatus and fittings therefor, barbecues, microwave apparatus and apparatus and equipment for chlorinating swimming pools, for purifying, pumping and heating water, in particular tanks and instantaneous water heating apparatus, lighting and lights of all kinds, bath and shower cubicles, bath equipment, sauna bath installations, solariums, sanitary installations including air conditioning installations, anti-dazzle devices, lamps, light bulbs, reflectors, lighting apparatus and equipment, ventilating devices, installations for demisting and defrosting windows, heat exchangers, compressors being integral parts of heating and air-conditioning apparatus, refrigerators, freezers, night lights.
The mark was filed in class 16 with Printed language textbooks, dictionaries, teaching material, school supplies, tourist guides, maps, atlases, pictures, postcards and other advertising and information material, and souvenirs included in this class, namely advertising publications, almanacs, stickers (stationery), manuals, newspapers, bookbinding material, office stationery, wrapping materials, non-periodical and periodical publications, including brochures, magazines, calendars, catalogues, almanacs, books, newsletters, song books, scrapbooks, comic books, plastics for modelling, modelling clay, children's modelling material, plasticine, modelling wax, not for dental purposes, coloured pencils, marker pens, paints included in this class, chalks, sand and wax (artist's materials), writing instruments, drawing pads, paint brushes, pencils, pencil leads, paper sheets (stationery), paper and paper products of all kinds, copying paper, wrapping paper, waxed paper, filter paper, cellophane (cellulose sheets) for wrapping, coasters of paper, tissues of paper, cardboard goods, aquarelles, albums, musical greeting cards, postcards, diagrams, papier mâché figurines (statuettes), photographs, photograph stands, graphic reproductions, graphic prints, etchings, tickets, lithographs, oleographs, posters, paintings (pictures), framed or unframed, flyers, portraits, prospectuses, graphic reproductions, engravings, bookbinding materials, writing instruments, printers´ type, printing blocks, packaging of paper, stamps, adhesive labels, artists' materials, namely brushes, modelling clay, paper, canvas for painting, easels, house painters' rollers, artists' watercolour saucers, palettes for painters, hand-rests for painters, drawing boards, modelling wax, not for dental purposes, office requisites namely address plates for addressing machines, notebooks, numbering apparatus, adhesive tape dispensers (office requisites), covers (stationery), clipboards, folders (stationery), writing paper, writing instrument holders, labels, not of textiles, forms, elastic bands, rubber erasers, moistening sponges, included in this class, nibs, inks, inkwells, staples for offices, cardboard, index cards, cards, paper tapes and cards for the recordal of computer programmes, pencil lead holders, compasses for drawing, writing chalk, French curves, laminating machines (for documents) for office use, adhesive tapes for stationery or household purposes, adhesives for stationery or household purposes, sealing compounds for stationery purposes, adhesive bands for stationery or household purposes, thumbtacks, penholders, paperknives, envelopes, sealing wafers, pencil sharpening machines, pencil sharpeners, paper shredders, seals, sealing wax, pencil cases, fountain pens, paper table mats, coasters for beer glasses, postage stamps, writing cases, rulers, document files (office requisites), pen cases, cases for stamps (seals), drawing pins, typewriters (electric and manual), stamps (seals), drawing instruments, exercise books, indexes, paperclips, sealing machines for offices, paperweights, tickets, printing sets (portable), ledgers, charcoal pencils, note books, indoor aquaria, babies' napkins of paper and cellulose (disposable), coffee filters (paper), aluminium foil for wrapping food, plastic film for wrapping, paper cones, cardboard or paper boxes, cardboard, cardboard tubes, paper bows, transfers, toilet paper, paper napkins, paper tablecloths, cigar bands, pads (writing), stamp pads, covers for indoor aquaria, placards of paper or cardboard, document cases, passport holders, stencil cases, paint boxes (articles for use in school), bags (envelopes, pouches) of paper or plastics, for packaging, paper towels, signboards of paper or cardboard, advertisement boards of paper or cardboard, terrariums (indoor).
The mark was filed in class 35 with Advertising, business management, business and industrial management assistance, business management and business consultancy, business information, commercial information agencies, business research, economic forecasting, relocation services for businesses, marketing studies, analysis of purchase and wholesale prices, market research, opinion polling, statistical information, public relations, accounting, auditing, cost price analysis, business appraisals, drawing up of statements of accounts, auctioneering, human resources consultancy, efficiency experts, personnel recruitment, psychological testing for the selection of personnel, tax preparation, payroll preparation, employment agencies, advertising agencies and advertising, including online advertising on the Internet, radio advertising, television commercials, rental of advertising time on communications media, organisation of exhibitions or trade fairs for commercial or advertising purposes, updating and rental of advertising material and advertising space, advertising by mail order, demonstration of goods, modelling for advertising or sales promotion, direct mail advertising, outdoor advertising, dissemination of recruitment or advertising texts, bill-posting, shop window dressing, business management of performing artists, business management of hotels, import-export agencies, secretarial services, forwarding of telephone messages and enquiries, shorthand, transcription, word processing, compilation and systematisation of information into computer databases, computerised file mangement, data search in computer files, document reproduction, photocopying, arranging newspaper and magazine subscriptions, rental of photocopying and office machines and equipment, rental of vending machines, procurement services for others (purchasing goods and services for other businesses).
The mark was filed in class 41 with Information and brokerage concerning recreational opportunities and entertainment arranging theatre performances, providing movie theatre facilities, music halls, providing museum facilities, lending libraries, discotheque services, providing casino facilities (gambling), game services provided on-line (from a computer network), night clubs, providing karaoke services, club services (entertainment or education), health club services, circuses, animal training, zoological gardens, rental of films, art and fashion agencies, entertainer services, operation of lotteries, organisation of balls, party planning (entertainment), organisation of educational, entertainment, sports competitions or beauty contests, organisation of cultural or educational exhibitions, presentation of live performances, booking of seats for shows, film production, movie studios, dubbing, digital imaging services, recording studios, production of radio and television programmes, news reporters services, photographic reporting, photography, rental of stage and other scenery, including lighting apparatus, rental of radio and television sets, rental of camcorders, publication of books, desktop publishing, providing online electronic publications (not downloadable), publication of electronic books and journals on-line, sign language interpretation, translation, arranging and conducting colloquiums, conferences, congresses, seminars, symposiums, information on education, training, tuition, practical training (demonstration), instruction services, educational examinations, correspondence courses, boarding schools, creches and nursery schools, holiday camp services, religious education, vocational assistance and guidance, arranging and conducting of workshops, physical education, providing and rental of sports facilities, including golf courses, stadiums, tennis courts, swimming pools, gymnastic instruction, rental of sports equipment (except vehicles).
The mark was filed in class 43 with Services for providing food and drink, restaurants and catering (food and drink), large-scale supply of food and drink to restaurants, cafes, temporary accommodation, catering and refreshments, providing guest houses, hotels, hostels, motels, hosting services, restaurants, bars, snack bars, cafeterias, motorway services stations, public houses, canteens, refectories, fast food services, catering (food and drink), providing social catering, purchase and procurement of food, drink and refreshments, hospitality, preparation of food, social catering, providing of food and drink, preparation of food and drink for consumption, in particular of steak and vegetable and fruit salads, pizzas, pasta, provision and procurement of food and drink, services for the provision of meals, vending machines for refreshments, supplies included in this class, gastronomy services, food preparation and cold food production, catering, pizzerias, snack bars, self-service restaurants, cafés, wine bars, hotel consultancy, food and drink consultancy, providing hotel accommodation, rental of apartments, of halls, of lounge bars and of other non-residential space included in this class, hotel and catering consultancy, temporary accommodation reservations and providing temporary accommodation, boarding house bookings, boarding for animals, providing campground facilities, holiday camp services, nursery schools, retirement homes, rental of transportable buildings, rental of conference facilities, rental of tents, rental of chairs, of tables, of place mats, of drinking glasses.
The mark was filed in class 44 with Aromatherapy services, nursing homes, medical clinics, rest homes, hospices, hospitals, nursing (medical), chiropractics, psychology, rehabilitation for substance abuse patients, dental services, plastic surgery, midwifery, artificial insemination, in vitro fertilisation, pharmacy advice, opticians, physiotherapy, massage, blood banks, public baths for hygiene purposes, Turkish baths, rental of sanitation facilities, hairdressing salons, beauty salons, hair implantation, manicures, pedicures, tattooing, horticulture, gardening, landscaping gardening, lawn care, plant nurseries, flower arranging, tree surgery, aerial and surface spreading of manures and other agricultural chemicals, weed killing, vermin exterminating (for agriculture, horticulture and forestry), rental of agricultural implements and equipment, animal breeding, veterinary assistance, pet grooming, animal grooming, medical assistance, health care, alternative medicine included in this classs.