The trademark DIVANEV was filed by YATAS YATAK VE YORGAN SANAYI TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on August 5, 2020, and received one opposition filed on August 24, 2020 by HAUK UG (haftungsbeschränkt) on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 24, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and address of the trademark registration was recorded on December 21, 2021.
The Opposition with reference B 003129462 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 16, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Containers, not of metal, for storage or transport
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber
Furniture made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Mattresses, pillows, air mattresses and cushions, not for medical purposes
Water beds, not for medical purposes
Mirrors
Bouncing chairs for babies
Cradles
Display boards
Frames for pictures and paintings
Identification plates and tags, nameplates, identification labels made of wood or synthetic materials
Packaging containers of wood or plastics, casks for use in transportation or storage, barrels, storage drums, tanks, boxes, storage containers, transportation containers, chests
Furniture fittings, of wood or synthetic materials
Mechanisms of wood or non-metallic materials for opening and closing windows and doors
Ornaments and decorative goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, beeswax, plastic or plaster, namely figurines, holiday ornaments for walls and sculptures
Baskets, fishing baskets
Kennels, nesting boxes and beds for household pets
Portable ladders and mobile boarding stairs of wood or synthetic materials
Clothes hangers, clothes stands [furniture] and clothes hooks
Screens [furniture]
Screens [furniture] for use as room dividers in offices
Dividing screens in the nature of furniture
Metal screens [furniture]
Space dividers [furniture]
Pedestal units [furniture]
Metal display stands
Support stands [furniture]
Multi-purpose stands [furniture]
Coat pegs [stands] non-metallic.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and public relations
Organization of exhibitions and trade fairs for commercial or advertising purposes
Design for advertising
Provision of an online marketplace for buyers and sellers of goods and services
The bringing together, for the benefit of others of a variety of goods, enabling customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues, namely furniture, mirrors, picture frames, containers not of metal for storage or transport, unworked or semi-worked bone, horn, whalebone or mother-of-pearl, shells, meerschaum, yellow amber, furniture made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, mattresses, pillows, air mattresses and cushions, sleeping bags for camping, water beds, not for medical purposes, mirrors, bouncing chairs for, babies, cradles, display boards, frames for pictures and paintings, identification plates and tags, nameplates, identification labels made of wood or synthetic materials, packaging containers of wood or plastics, casks for use in transportation or storage, barrels, storage drums, tanks, boxes, storage containers, transportation containers, chests, furniture fittings of wood or synthetic materials, mechanisms of wood or non-metallic materials for opening and closing windows and doors, ornaments and decorative goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, beeswax, plastic or plaster, namely figurines, holiday ornaments for walls and sculptures, baskets, fishing baskets, kennels, nesting boxes and beds for household pets, portable ladders and mobile boarding stairs of wood or synthetic materials, bamboo curtains, roller indoor blinds [for interiors], slatted indoor blinds, strip curtains, bead curtains for decoration, curtain, hooks, curtain rings, curtain tie-backs, curtain rods, non-metal wheel chocks, furniture and furnishings, household furniture, furniture for washrooms, furniture for bathrooms, bedroom furniture, outdoor furniture, indoor furniture, furniture racks, metal furniture, fixed non-metallic, towel dispensers, towel stands [furniture], clothes hangers, clothes stands [furniture] and clothes hooks, dividing screens to prevent germ infection (transparent material), Screens [furniture], metal screens [furniture], support stands [furniture], multi-purpose stands [furniture].