The trademark BERLIN TOOLS LIMITED was filed by David Love, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on March 3, 2020, and received one opposition filed on June 3, 2020 by Pickering, Paul Edward on Likelihood of confusion. the opponent was represented by HANDSOME I.P. LTD. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 3, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 6, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 10, 2021. Change of name and professional address of the trademark registration was recorded on July 13, 2022.
The Opposition with reference B 003123155 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 20, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 8 with following description of goods:
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Hand tools for construction, repair and maintenance
Cutting, drilling, grinding, sharpening and surface treatment hand tools
Fastening and joining tools
Hammers, mallets and sledgehammers
Air pumps, hand-operated
Bits [parts of hand tools]
Awls
Braiders [hand tools]
Branding irons
Brick joiners
Brick trowels
Brushes (steel -) [hand-operated tools]
Builders' squares [hand tools]
Builders' lines
Cable rods
Carpenter's clamps
Carpenters' pincers [nail pullers]
Caulking irons [hand tools]
Caulking irons
Cement edgers [hand tool]
Cement trowels
Clamps [hand tools]
Chucks for hand-operated tools
Chalk line reels [hand tools]
Centre punches [hand tools]
Guns [hand tools]
Grease guns (Hand operated -)
Glass scrapers [hand tools]
Fulling tools [hand tools]
Fullers [hand tools]
Foundry ladles [hand tools]
Fish tapes [hand tools]
Expanders [hand tools]
Crow bars
Claws [hand tools]
Combination pliers
Pipe bending apparatus [hand-operated tool]
Pincers [hand tools]
Mortars for pounding [hand tools]
Hackles [hand tools]
Hand operated plumbing snakes
Hand-operated tools for repair of vehicles
Jointing trowels
Knee kickers [hand tools]
Ladles [hand tools]
Lead straighteners [hand operated tools]
Levers
Locking clamps [hand tools]
Locking pliers
Marline spikes
Masons' trowels
Metal band stretchers [hand tools]
Metal vice jaws
Metal wire stretchers [hand tools]
Tyre levers
Trowels
Tongs [hand tools]
Tighteners [hand-operated tools]
Terminal crimpers [hand operated tools]
Tensioners [hand-operated tools]
Stretchers for wire and metal bands [hand tools]
Pliers
Punch pliers [hand tools]
Punches [hand tools]
Ripping bars [hand-operated tools]
Rotary tool bits [hand-operated tools]
Rotary tools [hand-operated tools]
Scribers [hand tools]
Setting pliers
Sliding squares [hand-operated tools]
Spatulas [hand tools]
Spray guns [hand-operated tool] for extruding putty
Spokeshaves being hand tools
Woodworking wrecking bars
Wire brushes [hand-operated tools]
Vices
Tyre removers [hand operated tools]
Screwdrivers
Die wrenches
Nut wrenches
Tap wrenches
Hammers
Mallets
Hand jacks [hand tools]
Lifting jacks, hand-operated
Vehicle trolley jacks [hand-operated]
Stands for hand jacks
Tool belts
Belts (Tool -) [holders]
Tool belts [holders]
Tool pouches for attachment to tool belts
Emergency and rescue hand tools
Emergency cutting tools [hand tools]
Emergency door spreader [hand tools]
Emergency hammers
Battering ram [hand tools]
Emergency multi-tools [hand tools]
Emergency spreading tools [hand tools]
Socket spanner
Socket spanners
Reamer sockets
Socket sets [hand tools]
Sets of socket spanners
Socket wrenches [hand tools]
Spark plug sockets being hand tools
Socket sets [hand-operated tools]
Socket spanners [hand-operated tools]
Socket wrenches [hand operated tools]
Spanners
Ring spanners
Adjustable spanners
Screw spanners [wrenches]
Flexible head spanners
Spanners [hand tools]
Torque spanners [hand-operated].
The mark was filed in class 35 with following description of goods:
Retail services in relation to hand-operated implements for construction
Retail services in relation to hand-operated tools for construction
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to hand-operated tools for construction
Advertising services relating to the sale of goods
Advertising and marketing services provided by means of social media
Advertising and marketing services provided by means of blogging