The trademark THE MISFITS was filed by TCC Global N.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on May 15, 2017, and received one opposition filed on August 15, 2017 by CYCLOPIAN MUSIC, INC on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GILL JENNINGS & EVERY LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2017
It was designated 'Basic Application' for International Application 1372350 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 21, 2017. Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2019.
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed publications, namely, magazines and books aimed at giving healthy eating messages to children
Transfers
Stamps
Photograph albums
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 18 with following description of goods:
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes
Brushmaking materials
Articles for cleaning purposes
Steel wool
Articles made of ceramics, glass, porcelain or earthenware which are not included in other classes
Electric and non-electric toothbrushes
Parts and fittings therefor
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 24 with following description of goods:
Textiles and textile goods
Bed and table covers
Travellers' rugs, textiles for making articles of clothing
Duvets
Covers for pillows, cushions or duvets
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 28 with following description of goods:
Playing cards
Bath toys and games
Toys, cast toy vehicles and accessories
Toy sets (miniature)
Toys, games and accessories for children
Toys, games, playthings
Board games
Electronic games
Magic tricks
Soft toys
Plush toys
Toy and novelty face masks
Toy musical boxes
Toy musical instruments
Toy models
Puzzles
Kites
Play balloons
Flippers
Floats and inflatable toys for play purposes
Playing cards
Puppets
Plastic toys
Bath toys
Developmental toys
Wheeled toys
Scooters and tricycles [toys]
Sit on rides
Costumes being children's playthings
Indoor and outdoor games, party games, board games, cardboard games, educational games, puzzles, jigsaw puzzles, games of skill, wooden games, dominoes, construction toys
Inflatable toys, games and playthings for the beach
Toy figurines
Stacking toys
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 35 with following description of goods:
Presentation of goods on communication media, for retail purposes
Retail services in relation to cutlery, knives, hand tools and implements, furniture
Retail services in relation to apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Retail services in relation to household or kitchen utensils and containers, glassware, porcelain and earthenware
Retail services in relation to umbrellas, luggage, bags
Retail services in relation to furnishings, tableware, cookware, textiles and textile goods
Retail services in relation to toys, games, playthings, toiletries, sporting articles
Retail services in relation to computer hardware, computer software, computer game programs
Retail services in relation to horticulture equipment, cleaning preparations, dietary preparations, stationery supplies, educational supplies
Retail services in relation to furniture, clocks, electric shavers, photo frames
Retail services in relation to jellies, jams, compotes, oils, milk drinks containing fruit, meat, fish, poultry and game
Retail services in relation to non-alcoholic beverages
Advertising
Organisation, operation and supervision of sales and promotional incentive schemes
Promotional services
Business consultancy
Affinity programmes and loyalty programmes
Rewards schemes relating to the redemption of allocated promotional schemes for the benefit of customers and members of the award scheme
Business information
Management of computer databases
Compilation of information onto computer databases
All the aforesaid relating to healthy eating messages for children.
The mark was filed in class 41 with following description of goods:
Education
Publication of texts and books including online publishing aimed at giving healthy eating messages to children
Providing online electronic publications (not downloadable) aimed at giving healthy eating messages to children
Organisation of competitions for children
Production, presentation and distribution of text, audio, video, images, animations, games, databases and other data via telecommunication networks and/or global computer networks, namely, movies/cartoons aimed at giving healthy eating messages to children
All the aforesaid relating to healthy eating messages for children.