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BIRKENSTOCK
SEARCHED

on 10 Apr 2024

Last Applicant/ Owned by

BIRKENSTOCK IP GMBH

Burg Ockenfels53545 Linz am Rhein

DE

Serial Number

2230590 filed on 23rd Jun 2022

Correspondent Address

1100-150 York StreetToronto

ONTARIO

CA

M5H3S5

BIRKENSTOCK

Trademark usage description

recorded content; mobile apps; downloadable mobile applications for downloading and reading electronic publications on portable electronic devices; do Read More

Classification Information


Class [009]
Recorded content; mobile apps; downloadable mobile applications for downloading and reading electronic publications on portable electronic devices; downloadable digital files authenticated by non-fungible tokens [NFTs]; software, in particular for organising and displaying digital images, digital footwear, clothing, headwear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body care products, orthopaedic footwear, footwear and clothing accessories, in particular socks, inner and outer soles, buckles, belts, masks, games and accessories, in particular for online use in virtual worlds and virtual environments; virtual and augmented reality software; software, in particular digital works and goods for use with labels containing magnetically recorded or coded information, labels containing optically recorded or coded information, labels containing electrically recorded or encrypted information for the authentication of virtual works or virtual goods; software, in particular digital works and goods for use with a non-fungible tokens for the authentication of virtual works or virtual goods; computer software platforms for downloading software, data and image files from the internet; downloadable virtual goods, namely computer programs and files, in particular for the display and digital use of footwear, clothing, headwear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body care products, orthopaedic footwear, footwear and clothing accessories, in particular socks, inner and outer soles, buckles, belts, masks, games and accessories; downloadable digital media, namely, digital artwork (downloadable), digital art (downloadable), downloadable digital films, including being data files; downloadable sound, images and data (including being data files); recorded data files; computer programs and files, in particular for the providing of digital images, digital footwear, clothing, headwear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body care products, orthopaedic footwear, footwear and clothing accessories, in particular socks, inner and outer soles, buckles, belts, masks, games and accessories being avatars, in particular in computer games; software for cryptographic mechanisms; software for the operation, control and remote monitoring of blockchain technology; computer software for enabling connection to databases, including using blockchain technology, via the internet and other computer networks; software for creating and providing a cryptocurrency; downloadable cryptographic keys for receiving and spending cryptocurrency; electronic currency and cryptocurrencies; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, dvds and other digital recording media; information technology and audio-visual, multimedia and photographic devices; navigation, guidance, tracking, targeting and map making devices; measuring, detecting and monitoring instruments, indicators and controllers; scientific research and laboratory apparatus, educational apparatus and simulators; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; data processing equipment, computers; fire extinguishers; spectacles; sunglasses; spectacle frames; spectacle cases; contact lenses; containers for contact lenses; headphones; personal weighing scales; fat measuring scales; digital photo frames; light dimmers [regulators], electric; electronic publications, downloadable; electronic agendas; ergometers; time switches, automatic; bags adapted for laptops; bags for tablet computers and mobile phones; coin-operated mechanisms; cash registers, calculating machines, bags adapted for laptops, bags for tablet computers and mobile phones, bags for cameras and photographic equipment; parts and accessories for all the aforesaid goods, included in this class.


Classification kind code

11

Class [035]
Advertising, marketing and promotional services; digital advertising services; digital marketing; computerized file management; administrative support and data processing services; data processing, systematisation and management; retail and wholesale services on-line, including via a selective distribution system, in relation to the following goods, digital goods, virtual goods, namely, footwear, ready-made clothing, headgear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body care products, footwear (orthopaedic [orthopedic]-), orthopaedic soles, inner soles, footrests for cycles and bicycles, leather for shoes, parts of footwear, furniture, packaging containers, impregnating and degreasing agents for footwear, shoe cream, shoe soaps, shoe lotions, shoe sprays, shoe foam, deodorants for shoes, impregnating sprays, impregnating creams, impregnating lotions and impregnating gels, spray polishes, polishing gels, polishing creams and polishing soaps, leather creams, leather gels, leather sprays, leather lotions and leather soaps, washing impregnators, washing gloss creams, washing gloss sprays, washing gloss lotions, washing gloss gels, cleaning and fragrancing preparations, chiropody creams, shoe accessories, clothing accessories, especially, socks, foam padding, outer soles, buckles, belts, masks, games, supplements; retail and wholesale services on-line, including via a selective distribution system, in relation to the following goods, digital pictures, digital footwear, ready-made clothing, headgear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics, body care products, footwear (orthopaedic [orthopedic]-), shoe accessories, clothing accessories, especially, socks, foam padding, outer soles, buckles, belts, masks, games, supplements, being avatars, especially, in computer games; wholesaling and retailing, including via a selective distribution system, relating to software for operating, controlling and remote monitoring of blockchain technologies, computing software to enable connection to databases, including the use of blockchain technologies, via the internet and other computer networks; wholesaling and retailing, including via a selective distribution system, relating to software for creating and providing a cryptocurrency, downloadable cryptographic keys for receiving and issuing cryptocurrency, electronic currencies and cryptocurrencies, software for cryptographic mechanisms; retail and wholesale services, including via a selective distribution system, in relation to the following goods, software, non-fungible tokens (nfts); retail and wholesale services, including via a selective distribution system, in relation to the following goods, footwear, clothing, headgear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics, body care products, footwear (orthopaedic [orthopedic]-), shoe accessories, clothing accessories, especially, socks, foam padding, outer soles, buckles, belts, masks, games, supplements; retail and wholesale services, including via a selective distribution system, in relation to the following goods, sound data, image data, sound files, image files, recorded data files, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, compact discs, dvds and other digital recording media, information technology, audiovisual, multimedia and photographic apparatus, data processing equipment, computers; professional business consultancy; marketing advice; commercial business assistance and consumer information, in particular auction services and auctioneering, rental of vending machines, organising of business contacts, collective buying, commercial assessment, preparation of competitions, agency business, import and export, negotiation, ordering, price comparison services, procurement services, for others, subscription services; online retailing, including via a selective distribution system, relating to subscription boxes containing footwear, clothing, headwear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body care products, orthopaedic footwear, footwear and clothing accessories, in particular socks, inner and outer soles, buckles, belts, masks, games and accessories; retail and wholesale services and online wholesale and retail services, including via a selective distribution system, in relation to the following goods, toiletries, especially soaps, perfumery, deodorants and anti-perspirants for personal use, skin cleaning and care preparations, cosmetics, dermatological creams, other than for medical purposes, beauty lotions, exfoliating scrubs for cosmetic purposes, cleaning preparations for personal use; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, chiropody creams, not for medical purposes, oils for toilet purposes, essential oils and aromatic extracts; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, cleaning and fragrancing preparations, especially cleaning and shining preparations for leather and footwear, impregnating and degreasing agents for footwear, shoe cream, shoe soaps, shoe lotions, shoe sprays, foam for shoes, shoe preparations for removing pressure points in shoes, deodorants for shoes, impregnating sprays, impregnating creams, impregnating lotions and impregnating gels; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, spray polishes, polishing gels, polishing creams and polishing soaps, leather creams, leather gels, leather sprays, leather lotions and leather soaps, wax water-proofer, wax highlighter, wax shine spray, wax shine lotion, wax shine gel, shoe wax; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, physical therapy equipment, medical apparatus and instruments, medical furniture and bedding, equipment for moving patients; retail and wholesale services, retail and wholesale services on-line, including via a selective distribution system, in relation to the following goods, medical clothing, orthopaedic articles and mobility aids, especially, footwear (orthopaedic [orthopedic]-), footwear, for use in the following fields, rehabilitation, foot gymnastics, treatment, for other medical purposes, parts of the aforementioned goods; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, orthopaedic footwear, orthopaedic sandals and slippers, shoes with orthopaedic footrests, orthopaedic foot and shoe supports, orthopaedic insoles, orthopaedic foot and shoe insoles and parts thereof, for examples, parts of footwear, shoe inserts, the aforesaid goods for orthopaedic shoe adaptation, insert blanks, pads, heel wedges, joint wedges; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, adapters, cushions, foam padding, foam pads, arch supports, fully plastic insoles with orthopaedic foot beds, parts and fittings for all the aforesaid goods, especially, upholstery fabrics and materials for padding for orthopaedic insoles, cork tiles for orthopaedic shoes; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, paper and cardboard, printed matter, especially, photographs, posters, stationery and instructional and teaching material, bags and articles for packaging, wrapping and storage of paper, cardboard or plastics, especially, packaging materials made of paper, cardboard packaging, collapsible cardboard boxes, writing mats; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, umbrellas and parasols, luggage, handbags, pocket wallets and other object carriers, leather and imitation leather, furs and animal skins, products made from the aforesaid goods, namely, straps, leather and imitations of leather for belts, leashes, twines, tanned leather, furniture coverings of leather, leather for furniture, leather for shoes, boxes of leather, document cases of leather; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, card holders of leather, sheets of leather used in manufacturing processes, hat boxes, wallets for cards, packaging containers, key cases, labels, tote bags, bags, coin boxes, parts and fittings for all the aforesaid goods; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, furniture and fixtures, especially, beds, bedside tables, tables, chairs, armchairs, baskets, non-metal tubes, bed slats, chests of drawers, cabinets (furniture), head-rests [furniture], dressing tables, sideboards, chaise-lounges, bedding, other than bed linen, mattresses, cushions and pads, mirrors (looking glasses), picture frames, parts and fittings for all the aforesaid goods; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, headgear, in particular caps, ready-made clothing, especially, belts, scarves, socks, footwear, especially, shoes, shoes, lace shoes, ballet flats, sneakers, boat shoes, slippers, shoes for swimming, sandals, clogs, boots, parts and fittings for all the aforesaid goods; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, inner soles, soles, insole top covers, form soles, heels and build-up wedge sheets, shoe beds cork, repair wedge strips, outsole sheets, midsole sheets, flip-flops, covers and upholstery covers for foot beds; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, belts, made from the following materials, leather, imitation leather, furs, animal skins, clothing and footwear accessories; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, sewing articles and decorative textile articles, especially, buckles and mandrel buckles, lace and embroidery, ribbons and braid, buttons, hooks and eyes, needles, ornamental novelty badges and buttons, patches, haberdashery, except thread; retail and wholesale services, online wholesale and retail services, including via a selective distribution system, in relation to the following goods, shoe ornaments, not of precious metal, shoe trimmings; retail and wholesale services, online wholesale and retail services, in relation to the following goods, clothing, clothing accessories, footwear components, shoe accessories; consultancy and information in relation to the aforesaid services, included in this class.


Classification kind code

11

Class [036]
Finance services; banking; financial transactions via blockchain or based on cryptocurrency; finance services, in relation to the following fields, digital currency, cryptocurrency; credit transactions; credit transactions based on blockchain technology; banking based on crytocurrency (digital means of payment); credit transactions based on cryptcurrency (digital means of payment); finance services, in particular providing of cryptocurrencies via a global communications network [internet]; financial services relating to databases with an integrity (security against subsequent tampering) that is secured by storing the hash value of the previous data set in the respectively subsequent data set, namely by cryptographic chaining; brokerage; consultancy and information in relation to the aforesaid services, included in this class.


Classification kind code

11

Class [041]
Education, entertainment and sports; entertainment services provided online, specifically, in relation to the following goods, non-downloadable virtual goods, namely, foot wear, articles of clothing, headgear and headwear, bags, suitcases, purses, cases for holding keys, athletic sporting equipment, artistic works, beds, cosmetic preparations, body care products, orthopaedic footwear, shoe accessories, clothing accessories, specifically, socks, inner and outer soles, buckles, waist belts, masks, recreational activities, accessories, specifically, for online use in virtual worlds and virtual environments; providing entertainment services, in relation to the following goods, non-downloadable digital goods, namely, pictures, foot wear, articles of clothing, headgear and headwear, bags, suitcases, specifically, for online use in virtual worlds and virtual environments; providing entertainment services, in relation to the following goods, digital goods, non-fungible tokens (nfts), software, data, sound, pictures, data, graphic works, fine arts, motion pictures, the aforesaid goods, not downloadable, including being data files; providing entertainment services, in relation to the following goods, non-downloadable digital goods, namely, purses, cases for holding keys, athletic sporting equipment, artistic works, beds, cosmetic preparations, body care products, orthopaedic footwear, specifically, for online use in virtual worlds and virtual environments; providing entertainment services, in relation to the following goods, digital goods, non-fungible tokens (nfts), software, data, sound, pictures, data, graphics, fine arts and motion pictures, all the aforesaid goods are non-downloadable, including being data files; providing entertainment services, in relation to the following goods, non-downloadable digital goods, namely, shoe accessories, clothing accessories, specifically, socks, inner and outer soles, buckles, waist belts, masks, recreational activities, accessories, specifically, for online use in virtual worlds and virtual environments; providing entertainment services, in relation to the following goods, digital goods, non-fungible tokens (nfts), software, data, sound, pictures, data, graphics, fine arts and motion pictures, all the aforesaid goods are non-downloadable, including being data files; providing entertainment services, in relation to the following goods, digital goods, digital goods, namely, pictures, foot wear, articles of clothing, headgear and headwear, bags, suitcases, purses, cases for holding keys, athletic sporting equipment, artistic works, beds, cosmetic preparations, body care products, orthopaedic footwear, shoe accessories, clothing accessories, specifically, socks, inner and outer soles, buckles, waist belts, masks, recreational activities, accessories, being avatars, specifically, on computer games; electronic game services provided from a computer database, via electronic communication networks, or by means of the internet; providing online videos, not downloadable; training; sporting and cultural activities; arranging and conducting of conferences, congresses, meetings, seminars and workshops; publication of printed matter (also in electronic form), except for advertising purposes; providing on-line electronic publications, not downloadable; organization of competitions [education or entertainment]; publishing and reporting; translation and interpretation; rental of equipment and installations for educational or entertainment purposes, in connection with the providing of the aforesaid services, included in this class; consultancy and information in relation to the aforesaid services, included in this class.


Classification kind code

11

Class [042]
Design and development of software for cryptographic mechanisms; blockchain as a service [baas]; data storage via blockchain, verification of data via blockchain; design and development of software and hardware for blockchain technologies; services relating to area in information technology, in particular, design, development of non-fungible tokens [nfts], virtual works of art, crypto-collectibles, blockchain-based non-fungible valuables and cryptocurrency; design and development of computer hardware and software; development, design, implementation, updating, maintenance and rental of software; providing virtual computer systems through cloud computing; design and development of software, in particular for organising and displaying digital images, digital footwear, clothing, headwear, bags, suitcases, purses, key cases, sports equipment, works of art, beds, cosmetics and body, orthopaedic footwear, footwear, games and accessories, in particular being avatars for online use in virtual worlds and virtual environments; design and development of virtual and augmented reality software, design and development of software, in particular for digital works and goods using a non-fungible token for authentication of virtual works and virtual goods; computer programming for telecommunications; providing information about the design and development of computer software, systems and networks; computer and information technology consultancy services; consulting in the field of cloud computing networks and applications; providing information about the design and development of computer hardware and software; electronic data back-up; electronic data storage; configuration of computer networks by software; configuration of computer systems and networks; server administration; IT security services in the nature of protection and recovery of computer data; computer security consultancy; computer security system monitoring services; computer security services for protection against illegal network access; computer project management in the field of edp; it project management; engineering project management services; platform as a service [paas]; access control as a service (acaas); software as a service [saas]; infrastructure as a service [iaas]; consultancy and information in relation to the aforesaid services, included in this class.


Classification kind code

11

Mark Details


Serial Number

2230590

Mark Type

Trademark

Legal History


Action TakenStatus
Submitted for opposition 48
on 07th Oct 2024
Agent Changed
Submitted for opposition 22
on 10th Apr 2024
Search Recorded
Submitted for opposition 20
on 10th Apr 2024
Examiner's First Report
Submitted for opposition 223
on 10th Apr 2024
Total Provisional Refusal
Submitted for opposition 256
on 30th Oct 2023
Notification of Possible Opposition Sent
Submitted for opposition 257
on 29th Dec 2022
Designation Notification - Madrid Protocol
Submitted for opposition 31
on 28th Dec 2022
Formalized
Submitted for opposition 1
on 28th Dec 2022
Created
Submitted for opposition 228
on 23rd Jun 2022
International Registration
Submitted for opposition 30
on 23rd Jun 2022
Filed