The trademark HALL MIBA was filed by Axfood AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on May 16, 2021, and received one opposition filed on August 15, 2021 by MIBA AG on Likelihood of confusion. the opponent was represented by Hübscher & Partner Patentanwälte GmbH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2021
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
Soldering tin, Decorative chains, espagnolette handles, rachet, Window locks, Storm hasps, Floor protectors of metal
Handrail holders, furniture angles
Hinges, knuckle hinges, Pin hinges, Strap hinges
Plate hangers of metal
Screw washers, scythe, rake and broom handles of metal
Tile floorings of metal
Springs [metal hardware]
Cable thimbles of metal
Cable joints of metal, non-electric
Cable stretchers
Tension links
Binding screws of metal for cables
Straps of metal
Tool boxes of metal, empty
Metal tool boxes
Staples
Staple pressers.
The mark was filed in class 8 with following description of goods:
Chain switches
Hub brushes
Files
Paring irons
Sheath knives
Jack knives
Jack knives
Utility knives
Cutlery blades
Wrap blades
Scissors
Tin snips
Springs for snip cutters
Awls
Pipe cutting tools
Window scrapers
Parquet scrapers
Window scraper blades
Parquet scraper blades
Paint scrapers
Paint scraper blades
Paring knives [tools]
Saws
Saw blades
Hacksaws
Hacksaw blades
Wood carving tools
Rubber mallets
Staple gun tackers
Axes
Rolling head bars
Screeding apparatus
Socket spanners
Sheaths
Sets of socket spanners
Socket wrenches
Box-end wrenches
Hex keys
Tap wrenches
Screw extractors
Ratchets
Chisels
Chisel sets
Impact drivers
Screwdrivers, non-electric
Screwdriver kits
Screwdriver stands
Offset drivers
Spark wrenches
U-ring keys
Colour mixers
Radiator keys
Mitre boxes
Miter boxes with saws
Nail punches
Lever sprayers
Trowels
Plastering solder
Plastering lines
Masonry trowels
Cleaning tape
Hammer shafts
Corps shafts
Sledgehammer shafts
Axe handles
Shaft wedges
Miter clamps
Carpenter's belts
Stripping pliers
Blind rivets
Bolt-cutters
Flat pliers
Tongs
Punch pliers [hand tools]
Crimps
Combination pliers
Wire stripping pliers
Locking pliers
Pliers
Tongue and groove pliers
Radio pliers
Round nose pliers
Pipe wrenches
Side cutting pliers
Disc plug tools
Locking pliers
Pliers set
Bevels
Drill chuck keys
Bow saws
In particular pruning saws
Garden saws
Garden saw blades
Garden claws
Manure grips
Patio Weeders
Pitchforks
Border shears
Corps picks
Rakes
Rose rakes
Cultivators
Soil mellows
Scythes
Scythe sticks
Leaf rakes
Potato prickers
Cleaning picks
Blades for cleaning picks
Garden shovels
Snow shovels
Spades for digging
Trowels [gardening]
Weeding knives
Scrapers
Weed sticks
Planters
Hedge trimmers
Clearing scissors
Pruning scissors
Shower sprays
Gardening tools
Gardening shears
Border shears
Hand drills [hand tools]
Drills
Breast drills
Knives
Planes
Blades for planes
Plane irons
Tool belts [holders]
Lifting jacks, hand-operated
Hand pumps
Tool bags [filled]
Non-electric soldering irons
Scythe and rake brooms of wood or plastic
Plastic vices.
The mark was filed in class 9 with following description of goods:
Reclectors for bicycles
Trip and speedometers for bicycles
Reflective triangles
Electric test chisels
Carpenters' rules
Measuring tapes
Push buttons for bells
Gauge rods
Verniers
Spirit levels
Meters
Carpenter rulers
Libels
Protective masks, mouthguards
Protective visors
Gloves for protection
Clothing for protection against injury
Goggles
Safety helmets
Multisockets
Cable reels
Roll-shaped branch sockets
Telephone sockets
Telephone plugs
Hygrometers
Soil moisture meters
Fire alarms
Frost guards
Battery chargers
Galvanic batteries
Batteries for pocketlamps
Batteries, electric, for vehicles
Battery boxes
Acidimeters for batteries
Plates for batteries
Batteries for lighting
Batteries, electric
Solar batteries
Anode batteries
Anode batteries
Chargers for electric batteries
Wall outlets
Switches, electric
Electric switches with dimmer function
Electric door bells
Electric extensions
Switchboxes [electricity]
Electric plugs
Fuses
Time switches, automatic
Intermediate switches
Pressure switches
Connectors [electricity]
Couplings, electric
Filters for respiratory masks
Jump leads
Reflective vests for personal safety
Reflecting discs for wear, for the prevention of traffic accidents.
The mark was filed in class 11 with following description of goods:
Front lights for bicycles, bicycle taillight
Electric torches
Light bulbs
Head torches
Penlights
Fluorescent lamps
Light bulbs for bicycles
Lamps for christmas trees
Christmas tree ornaments for illumination [electric lights]
Hand torches
Magnifying lamps
Mini lamps
Flashlights
Light plugs
Jet nozzles, jet guns and water sprinklers, (all accessories for irrigation hoses)
Cooling coils
Heating elements
Roasting apparatus
Lava rocks for use in barbecue grills
Charcoal grills
Rotisseries
Barbecues
Electric grills
Gas grills
Gas grills
Disposable barbecues
Stoves
Refrigerators for recreational vehicles.
The mark was filed in class 17 with following description of goods:
Insulating bands, Insulation tape
Cords of rubber
Gaskets
Watering hose
Draught excluder strips
Waterproof sealants.
The mark was filed in class 20 with following description of goods:
Wooden screw plugs, Threaded plugs of plastic, Curtain coils
Trouser clips
Pillows
Birdhouses
Racks, Wooden planer benches
Door handles, not of metal
Split hinges, not of metal, for doors
Drawer pulls of plastic
Plastic drawer knobs
Curtain rings
Curtain holders, not of textile material
Curtain rollers
Curtain rails
Curtain rods
Curtain hooks
Curtain tie-backs
Plastic cable ties for cables and hoses, plastic clamps for cables and hoses
Plastic cable holders
Steps [ladders], not of metal
Tool chests not of metal.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes (except paintbrushes)
Material for brush-making
Cleaning articles
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Metal towel holders
Towel rails and rings
Isothermic bags
Watering cans
Roses for watering cans
Insulating flasks
Cloths for cleaning
Wooden or plastic broom handles.
The mark was filed in class 22 with following description of goods:
Slings, not of metal, for handling loads
Cord
String
Nets
Tents
Tarpaulins
Tarpaulins
Sails
Sacks
String
Cables
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials
Tow ropes for automobiles
Rubber cable ties and straps for fastening and securing objects such as bundles of wire together.
The mark was filed in class 35 with following description of goods:
Marketing services, Resale services, in relation the following goods: Chemicals used in industry, science and photography, Chemicals used in agriculture, horticulture and forestry, Unprocessed artificial resins, unprocessed plastics, Manures, fire extinguishing compositions and Tempering and soldering preparations for parts
Marketing services and Resale services, in relation the following goods: chemical substances for food preserving, Tanning substances, adhesives used in industry, Brake fluids, Compositions for repairing tyres, Water (Distilled -) and Solder flux
Marketing services, Resale services in relation the following goods: Textile waterproofing chemicals, Acidulated water for recharging accumulators, anti-frothing solutions for accumulators, liquids for removing sulfates from accumulators and Coolants for vehicle engines
Marketing services, Resale services, in relation the following goods: radiator flushing chemicals, glycol, Mist removing agents, all purpose cleaning preparations, carpet shampoos, Cleaning soaps, Cleaning and laundry detergents for household use and vehicles, drain opener, laundry bleaches, washing preparations And laundry detergent sheets
Marketing services, Resale services, in relation the following goods: Soaps, not for medical purposes, Polishing wax, Rust removers, Stain removers upholstery cleaning preparations, Perfume and Deodorants, Industrial oils and greases, Lubricants, Dust absorbing, wetting and binding compositions
Marketing services, Resale services, in relation the following goods: Fuels (including motor spirit) and Illuminants, candles and wicks for lighting, Starter fluids, Starting gas, lock oils, Charcoal (fuel), coal briquettes, jet and Engine oil for cars
Marketing services, Resale services, in relation the following goods: Flat bolts, Door and window locks, padlocks, Cable joints, key chains, Semi-tubular rivets of metal, Washers of metal, screws, Wall hooks, Patterns, Scissor sticks, nails, Wire locks, chain locks, Eyelets, non-electric cables and wires of common
Marketing services, Resale services, in relation the following goods: Non-electric wires of common metal, steel wire, aluminum wire, Wire of common metal, iron wire, Soldering wire of metal, Thread of metal for tying-up purposes, Copper wire, not insulated, Brass wires, Barbed wire, Chains and padlocks
Marketing services, Resale services, in relation the following goods: Locks (non-electric) of metal, Lock bolts, Window fasteners, Sash pulleys, Drive pulleys for sliding windows, Window casement bolts, Handrail holders and metal locks for vehicles
Marketing services, Resale services, in relation the following goods: Solder, decorative chains, espagnolette handles, handle locks, Window fasteners, Storm hasps, Floor protectors (of metal), handrail holders, furniture angles, hinges and Knuckle hinges
Marketing services, Resale services, in relation the following goods: Pin hinges, Strap hinges, Metal plate hangers, screw washers, scythe, rake and broom handles of metal, Floor tiles of metal, Springs (metal hardware), Rope thimbles of metal And non-electric cable joints of metal
Marketing services, Resale services, in relation the following goods: Wire stretchers (tension links), metal cable-clamps, Straps of metal, Toolboxes of metal (empty), tool boxes of metal
Marketing services, Resale services, in relation the following goods: Chain switches, hub brushes, Filing machines, Rasps, Sheath knives, Pocket knives, Folding penknives, Hand carton opener, cutlery blades, Wrap blades, Scissors, Plate shears, Springs for snip cutters, gadgets, Pipe cutting tools, window squeegees, Parquet scrapers
Marketing services, Resale services, in relation the following goods: Window scraper blades, parquet scraper blades, paint scrapers, paint scraper blades, Paring irons (hand tools), Saws, Saw blades, Hacksaws and hacksaw blades, Wood carving tools, rubber mallets, staple guns, clam clips, Axes and Rolling head bars
Marketing services, Resale services, in relation the following goods: Pullers, L-type spanners, sheaths, Ratchet sets, Socket wrenches, Box-end wrenches, allen keys, Wrenches (hand tools), screw extractors, ratchet wrenches, Chisels, Chisel sets and Impact drivers
Marketing services, Resale services, in relation the following goods: Screwdrivers, Screwdriver sets, screwdriver stands, Angle screwdrivers, Spark wrenches, Box-end wrenches, Paint mixers, radiator keys, Mitre boxes, Miter boxes with saws, nail drivers, lever sprayers and Trowels
Marketing services, Resale services, in relation the following goods: Plastering solder, plastering lines, plastering hawks, Cleaning tape, hammer shafts, Corps shafts, sledgehammer shafts, axe handles, Shaft wedges, miter clamps, carpenter's belts, tripping pliers, blind rivet pliers, Cutting pliers for bars, Flat pliers, nail extracting pliers, Punch pliers (hand tools) and Crimps
Marketing services, Resale services, in relation the following goods: Universal pliers, Wire stripping pliers, Locking pliers, Staple pliers, staple pressers, waterpump pliers, Radio pliers, round nose pliers, Pipe-wrenches, Side cutting pliers, disc plug tools, locking pliers and pliers sets
Marketing services, Resale services, in relation the following goods: Stealth angles, chuck keys, Bow saws, Saws for cutting branches, Garden saws, garden saw blades, garden forks, Manure grips, Draw hoes, Pitchforks, landscape edging and Corps picks
Marketing services, Resale services, in relation the following goods: Rakes, Rose rakes, Cultivators (machines), Soil mellows, ridge ploughs, Scythes, Scythe sticks, leaf rakes, potato prickers, cleaning picks, blades for cleaning picks, Garden shovels, Snow shovels, Spades for digging, Trowels (gardening)
Marketing services, Resale services, in relation the following goods: Border shears, Scrapers, weed sticks, planters, hedge scissors, Clearing scissors, Pruning sheers, Shower sprays, gardening tools, garden shears, Border shears and Hand drills [hand tools]
Marketing services, Resale services, in relation the following goods: Archimedean drills, Breast drills, knives, Planes, Blades for planes, Blades for planes, Tool belts (holders), hand-operated jacks, Hand pumps, Tool bags (filled)
Marketing services, Resale services, in relation the following goods: Reflectors for bicycles, trip and speedometers for bicycles, reflector triangles, electric test chisels, Carpenters' rules, tape measures, Rods (surveying instruments), Slide calipers, Spirit levels, Meter sticks, carpenter rulers and libels
Marketing services, Resale services, in relation the following goods: Soldering-irons, Electric soldering tips, Protective masks, Dental retractors, Protective eye covers, safety gloves, Clothing for protection against accidents, Protective glasses, Protective helmets, Multisockets
Marketing services, Resale services, in relation the following goods: cable reels, Roll-shaped branch sockets, telephone sockets, telephone plugs, hygrometers, soil moisture meters, Fire detectors, Frost guards, Chargers for cells and batteries, Galvanic batteries and Batteries for pocketlamps
Marketing services, Resale services, in relation the following goods: Batteries, electric, for vehicles, Accumulator boxes, Acidimeters for batteries, Battery plates, Lighting (Batteries for-), Batteries, electric, Solar batteries, Anode batteries, High-voltage batteries, Chargers for electric batteries
Marketing services, Resale services, in relation the following goods: Wall sockets, Electric switches, Electric switches with dimmer function, Electric door bells and door chimes, Electric extension leads, Connection boxes (electric), electric plugs
Marketing services, Resale services, in relation the following goods: Fuses, Time switches, automatic, Intermediate switches, Pressure switches, Circuit couplings (electricity), Couplings, electric, Filters for respiratory masks, Automotive booster cable and Reflective vests for personal protection
Marketing services, Resale services, in relation the following goods: Reflecting tags for wear, for the prevention of traffic accidents, Headlights for bicycles, Bicycle taillight, Flares, bulbs, head-torches, Pen lights, Fluorescent tubes, Light bulbs for bicycles
Marketing services, Resale services, in relation the following goods: Lights for Christmas trees, Christmas decorations, Hand torches, Lamps with magnifying glasses, Mini lamps, Torches, Light plugs, jet nozzles, jet guns, Water diffusers, Fittings for irrigation hoses
Marketing services, Resale services, in relation the following goods: Cooling elements, heating elements, Grills [cooking appliances], Lava stones for barbecue grills, Charcoal grills, Rotisseries, Barbecues, Electric Grills
Marketing services, Resale services, in relation the following goods: Gas-powered grills, gas grills, Disposable grills, Stoves, Refrigerators for recreational vehicles, Insulation tapes, Insulating tape and band, Cords of rubber, packs, Watering hose, draught excluder strips
Marketing services, Resale services, in relation the following goods: Waterproof sealers, wooden or plastic screw plugs, curtain coils, trouser clips, Pillows, Nesting boxes, Hooks for towels and/or bath robes, Wooden planer benches, scythe, broom and rake handles of wood or plastic, plastic vices
Marketing services, Resale services, in relation the following goods: Door handles, not of metal, Doorknob, not of metal, Drawer pulls of plastic, Plastic drawer knobs, Curtain rings, Curtain holders, not of textile, Curtain rollers, Curtain rods, Curtain rails, Curtain hooks, Curtain tie-backs, Plastic cable ties for cables and hoses
Marketing services, Resale services, in relation the following goods: Plastic clips for cables and hoses, plastic cable holders, Sleeping bags for camping, Steps [ladders], not of metal, Non-metallic tool boxes, Household or kitchen utensils and containers
Marketing services, Resale services, in relation the following goods: Combs and Sponges, Brushes (other than paint brushes), Brush-making materials, articles for cleaning purposes, Unworked and semi-worked glass (other than building glass), Glassware, porcelain and earthenware
Marketing services, Resale services, in relation the following goods: Metal towel holders, towel racks, towel rings, Cool bags, watering cans, Nozzles for watering cans, Thermoses, Wiping cloths, Slings, not of metal, for handling loads
Marketing services, Resale services, in relation the following goods: ropes, string, nets, Tents, awnings, Tarpaulins, sails, sacks, Strings, Padding and stuffing materials (except of rubber or plastics) and raw fibrous textile materials
Marketing services, Resale services, in relation the following goods: Car towing ropes, rubber cable ties and straps for fastening and securing objects such as bundles of wire together.