EUTM file information

016282832

AUSTRIA IMPERIALIS

January 24, 2017

Trademark Summary

The trademark AUSTRIA IMPERIALIS was filed by Sandor Habsburg, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 22, 2017, and received one opposition filed on June 21, 2017 by Intersnack Group GmbH & Co. KG on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2017

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

Change of name and professional address of the trademark registration was recorded on July 1, 2018.

The Opposition with reference B 002915729 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 1, 2018 by the EUIPO.

Goods And Services

  • The mark was filed in class 2 with following description of goods:
    1. Dyes, colorants, pigments and inks
    2. Thinners and thickeners for coatings, dyes and inks
    3. Natural resins, raw
    4. Coatings [paints].
  • The mark was filed in class 3 with following description of goods:
    1. Cleaning and fragrancing preparations
    2. Tailors' and cobblers' wax
    3. Animal grooming preparations
    4. Essential oils and aromatic extracts
    5. Abrasives
    6. Toiletry preparations.
  • The mark was filed in class 5 with following description of goods:
    1. Dietary supplements and dietetic preparations
    2. Sanitary preparations and articles
    3. Pest control preparations and articles
    4. Dental preparations and articles, and medicated dentifrices
    5. Dental preparations and articles
    6. Pharmaceuticals and natural remedies
    7. Diagnostic preparations and materials
    8. Live organs and tissues for surgical purpose
    9. Medical dressings, coverings and applicators
    10. Medicinal alcohol
    11. Alcohol for pharmaceutical purposes.
  • The mark was filed in class 6 with following description of goods:
    1. Statues and works of art of common metals
    2. Unprocessed and semi-processed materials of metal, not specified for use
    3. Small items of metal hardware
    4. Containers, and transportation and packaging articles, of metal
    5. Structures and transportable buildings of metal
    6. Building and construction materials and elements of metal.
  • The mark was filed in class 8 with following description of goods:
    1. Hygienic and beauty implements for humans and animals
    2. Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
    3. Lifting Tools
    4. Edged and blunt weapons
    5. Food preparation implements, kitchen knives and cutting implements, cutlery for eating
    6. Food preparation implements, kitchen knives and cutlery.
  • The mark was filed in class 9 with following description of goods:
    1. Scientific research and laboratory apparatus, educational apparatus and simulators
    2. Apparatus, instruments and cables for electricity
    3. Recorded content
    4. Information technology and audio-visual, multimedia and photographic devices
    5. Magnets, magnetizers and demagnetizers
    6. Measuring, detecting and monitoring instruments, indicators and controllers.
  • The mark was filed in class 10 with following description of goods:
    1. Hearing protectors
    2. Feeding aids and pacifiers
    3. Medical clothing
    4. Medical furniture and bedding, equipment for moving patients
    5. Medical and veterinary apparatus and instruments
    6. Orthopedic and mobility aids.
  • The mark was filed in class 12 with Vehicles and conveyances.
  • The mark was filed in class 14 with following description of goods:
    1. Gemstones, pearls and precious metals, and imitations thereof
    2. Jewellery
    3. Key rings and key chains, and charms therefor
    4. Jewellery boxes and watch boxes
    5. Time instruments
    6. Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof
    7. Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof
    8. Gold bullion
    9. Decorative boxes made of precious metal
    10. Decorative articles [trinkets or jewellery] for personal use
    11. Key fobs of precious metals.
  • The mark was filed in class 15 with Musical instruments and Musical accessories..
  • The mark was filed in class 16 with following description of goods:
    1. Decoration and art materials and media
    2. Printed matter
    3. Gums [adhesives] for stationery or household purposes
    4. Works of art and figurines of paper and cardboard, and architects' models
    5. Paper and cardboard
    6. Garbage bags of paper [for household use]
    7. Scoops made of card for the disposal of pet excrement
    8. Tissues of paper for removing make-up
    9. Paper baby bibs
    10. Banners of paper
    11. Mats for beer glasses.
  • The mark was filed in class 18 with following description of goods:
    1. Luggage, bags, wallets and other carriers
    2. Umbrellas and parasols
    3. Saddlery, whips and apparel for animals
    4. Saddlery, whips and animal apparel
    5. Canes
    6. Sheets of imitation leather for use in manufacture
    7. Worked or semi-worked hides and other leather
    8. Harness fittings
    9. Chamois leather, other than for cleaning purposes
    10. Kid
    11. Boxes of leather or leatherboard.
  • The mark was filed in class 19 with following description of goods:
    1. Statues and works of art made of materials such as stone, concrete and marble, included in the class
    2. Doors, gates, windows and window coverings, not of metal
    3. Structures and transportable buildings, not of metal
    4. Building and construction materials and elements, not of metal
    5. Wood and artificial wood
    6. Pitch, tar, bitumen and asphalt
    7. Stone, rock, clay and minerals
    8. Armour-plating, not of metal
    9. Spackling compound
    10. Precast pavers.
  • The mark was filed in class 20 with following description of goods:
    1. Animal housing and beds
    2. Containers, and closures and holders therefor, non-metallic
    3. Displays, stands and signage, non-metallic
    4. Ladders and movable steps, non-metallic
    5. Furniture and furnishings
    6. Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
    7. Ambroid bars
    8. Oyster shells
    9. Bamboo
    10. Bamboo canes
    11. Yellow amber
    12. Ivory
    13. Whalebones
    14. Onigaya hay [raw or partly worked material]
    15. Plaited straw, except matting
    16. Antlers
    17. Stag antlers
    18. Wood ribbon
    19. Horn, unworked or semi-worked
    20. Coral
    21. Coral [unworked or partly worked]
    22. Wicker
    23. Cork bands
    24. Artificial horns
    25. Meerschaum
    26. Meerschaum [raw or partly worked material]
    27. Shells
    28. Shells [unworked or partly worked material]
    29. Mother-of-pearl
    30. Raw mother of pearl
    31. Rattan
    32. Mooring buoys, non-metallic
    33. Fasteners, non-metallic
    34. Locks and keys, non-metallic
    35. Door, gate and window fittings, non-metallic
    36. Valves, non-metallic
    37. Shoe dowels, not of metal
    38. Spacers of plastic for use with sandwich panels
    39. Anchor bolts, not of metal
    40. Anchor bolts, not of metal, for use in bridge construction
    41. Shower curtain hooks
    42. Non-metal plant hangers
    43. Tree protectors [tubes] not of metal
    44. Tree protectors, not of metal
    45. Hard wood tree stakes
    46. Tree supports (Non-metallic -)
    47. Fasteners
    48. Non-metal picture hangers
    49. Mouldings made of plastics for picture frames
    50. Floor hinges, not of metal
    51. Non-metal dock cleats
    52. Shower grab bars, not of metal
    53. Shower rods
    54. Shower curtain rings
    55. Shower curtain rods
    56. Identification tags of plastic for animals.
  • The mark was filed in class 21 with following description of goods:
    1. Brushes and other articles for cleaning, brush-making materials
    2. Tableware, cookware and containers
    3. Cosmetic and toilet utensils and bathroom articles
    4. Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
    5. Unworked and semi-worked glass, not specified for use
    6. Brushes and brush-making articles
    7. Cleaning articles.
  • The mark was filed in class 22 with following description of goods:
    1. Raw textile fibers and substitutes
    2. Flock [stuffing]
    3. Bags and sacks for packaging, storage and transport
    4. Nets
    5. Tarpaulins, awnings, tents, and unfitted coverings
    6. Slings and bands
    7. Ropes and strings
    8. Liners for use in bulk containers
    9. Outdoor blinds of textile
    10. Bindings, not of metal
    11. Plastic liners for the storage of bulk material in containers
    12. Network
    13. Plant hangers of rope
    14. Burlap wraps for plants
    15. Sails
    16. Canvas wraps for plants
    17. Tarred brattice cloth
    18. Brattice cloth.
  • The mark was filed in class 23 with Yarns and threads.
  • The mark was filed in class 24 with following description of goods:
    1. Textile goods, and substitutes for textile goods
    2. Filtering materials of textile
    3. Fabric.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Headgear for wear
    3. Footwear.
  • The mark was filed in class 26 with following description of goods:
    1. Accessories for apparel, sewing articles and decorative textile articles
    2. Hair ornaments, hair rollers, hair fastening articles, and false hair
    3. Needles and pins for entomology
    4. Artificial fruit, flowers and vegetables
    5. Charms, other than for jewellery, key rings or key chains.
  • The mark was filed in class 28 with following description of goods:
    1. Festive decorations and artificial Christmas trees
    2. Fairground and playground apparatus
    3. Toys, games, playthings and novelties
    4. Sporting articles and equipment.
  • The mark was filed in class 29 with following description of goods:
    1. Fish, seafood and molluscs
    2. Meat
    3. Dairy products and dairy substitutes
    4. Soups and stocks, meat extracts
    5. Processed fruits, fungi and vegetables (including nuts and pulses)
    6. Birds eggs and egg products
    7. Prepared insects and larvae
    8. Oils and fats.
  • The mark was filed in class 30 with following description of goods:
    1. Ice, ice creams, frozen yogurts and sorbets
    2. Coffee, teas and cocoa and substitutes therefor
    3. Salts, seasonings, flavourings and condiments
    4. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    5. Sugars, natural sweeteners, sweet coatings and fillings, bee products.
  • The mark was filed in class 31 with following description of goods:
    1. Foodstuffs and fodder for animals
    2. Agricultural and aquacultural crops, horticulture and forestry products
    3. Live animals, organisms for breeding
    4. Litter peat.
  • The mark was filed in class 32 with following description of goods:
    1. Beer and brewery products
    2. Preparations for making beverages
    3. Non-alcoholic beverages.
  • The mark was filed in class 33 with following description of goods:
    1. Alcoholic beverages, except beer
    2. Preparations for making alcoholic beverages
    3. Cider.
  • The mark was filed in class 34 with following description of goods:
    1. Articles for use with tobacco
    2. Matches
    3. Tobacco and tobacco products (including substitutes)
    4. Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.
  • The mark was filed in class 35 with following description of goods:
    1. Business analysis, research and information services
    2. Business assistance, management and administrative services
    3. Advertising, marketing and promotional services.
  • The mark was filed in class 36 with following description of goods:
    1. Provision of prepaid cards and tokens
    2. Financial and monetary services, and banking
    3. Valuation services
    4. Fundraising and sponsorship
    5. Real estate services
    6. Safe deposit services.
  • The mark was filed in class 37 with following description of goods:
    1. Extraction of natural resources
    2. Building, construction and demolition
    3. Extermination, disinfection and pest control
    4. Rental of tools, plant and equipment for construction and demolition.
  • The mark was filed in class 40 with following description of goods:
    1. Printing, and photographic and cinematographic development
    2. Production of energy
    3. Food and beverage treatment
    4. Air and water conditioning and purification
    5. Slaughtering of animals
    6. Duplication of audio and video recordings.
  • The mark was filed in class 41 with following description of goods:
    1. Education, entertainment and sport services
    2. Publishing and reporting
    3. Translation.
  • The mark was filed in class 42 with following description of goods:
    1. Design services
    2. IT services
    3. Testing, authentication and quality control
    4. Science and technology services.
  • The mark was filed in class 43 with following description of goods:
    1. Boarding for animals
    2. Rental of furniture, linens and table settings
    3. Services for providing food and drink
    4. Providing temporary accommodation.
  • The mark was filed in class 44 with following description of goods:
    1. Human healthcare services
    2. Human hygiene and beauty care
    3. Agriculture, aquaculture, horticulture and forestry services
    4. Hygienic care for animals
    5. Animal grooming
    6. Pet grooming.
  • The mark was filed in class 45 with Safety, rescue, security and enforcement services and Legal services..