The trademark artem by hülsta was filed by Hülsta-werke Hüls GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 12, 2020, and received one opposition filed on November 12, 2020 by ARTEMIDE S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by STUDIO TORTA S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 12, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Luminaires
Roof lights [lamps]
Lighting and lighting reflectors
Lighting apparatus and installations
Lighting apparatus
Luminaires
Dome lights for furniture.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Modular plastic decking to serve as a ground cover
Parquet flooring and parquet slabs
Parquet floor boards
Laminated parquet floorboards
Laminated parquet flooring
Parquet flooring made of cork
Laminate flooring, not of metal
Laminates of non-metallic materials for use in building
Planks
Building panels, not of metal
Non-metal suspended ceiling systems comprising panels
Walls (Non-metallic -)
Wall panelling made of non-metallic materials
Wall linings, not of metal, for building
Moveable walls made of non-metallic materials.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Racks [furniture]
Racks [furniture]
Modular shelving [furniture]
Coat racks
Countertops [furniture parts]
Composable furniture
Sectional metal units [furniture]
Transformable furniture
Portable partitions [furniture]
Furniture for caravans
Furniture for motor homes
Wall partitions [furniture]
Mirrors (silvered glass)
Picture frames
Sofas
Extendible sofas
Upholstered furniture
Mattresses
Cushions
Slatted bases for beds
Bed bases
Beds
Bedding, except linen
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class.
The mark was filed in class 21 with following description of goods:
Vases
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Glasses [drinking vessels]
Glassware not included in other classes
Utensils for household purposes
Household or kitchen utensils.
The mark was filed in class 24 with following description of goods:
Bed linen and blankets
Textile goods, and substitutes for textile goods
Kitchen and table linens
Curtains
Coverings for furniture
Textiles for furnishings.
The mark was filed in class 27 with following description of goods:
Floor coverings and artificial ground coverings
Floor coverings
Carpets, rugs and mats
Wallpaper.
The mark was filed in class 35 with following description of goods:
Retail services in relation to wall and ceiling coverings
Wholesale services in relation to wall and ceiling coverings
Catalogue retail services in relation to wall and ceiling coverings
Online retail services in relation to wall and ceiling coverings
Retail services in relation to floor coverings and artificial ground coverings
Wholesale services in relation to floor coverings and artificial ground coverings
Catalogue retail services in relation to floor coverings and artificial ground coverings
Online retail services in relation to floor coverings and artificial ground coverings
Retail services in relation to bed linen
Wholesale services in relation to bed linen
Catalogue retail services in relation to bed linen and blankets
Online retail services in relation to bed linen and blankets
Retail services in relation to wall hangings
Wholesale services in relation to wall hangings
Catalogue retail services in relation to wall hangings
Online retail services in relation to wall hangings
Retail services in relation to linens
Wholesale services in relation to linens
Catalogue retail services in relation to linens
Online retail services in relation to linens
Retail services in relation to fabrics
Wholesale services in relation to fabrics
Catalogue retail services in relation to fabrics
Online retail services in relation to fabrics
Retail services in relation to textile goods, and substitutes for textile goods
Wholesale services in relation to textile goods, and substitutes for textile goods
Catalogue retail services in relation to textile goods, and substitutes for textile goods
Online retail services in relation to textile goods, and substitutes for textile goods
Retailing of tableware, other than knives, forks and spoons, saucepans and containers
Wholesaling of tableware, other than knives, forks and spoons, saucepans and containers
Catalogue retailing in relation to dishes, cooking pot sets and containers
Online retailing in relation to dishes, cookware and containers
Retailing in relation to statues, figurines, signboards and works of art of materials including porcelain, ceramic, earthenware and glass, included in this class
Wholesaling in relation to statues, figurines, signboards and works of art of materials including porcelain, ceramic, earthenware and glass, included in this class
Catalogue retailing in relation to statues, figurines, signboards and works of art of materials including porcelain, ceramic, earthenware and glass, included in this class
Online retailing in relation to statues, statuettes, plaques and works of art made from porcelain, earthenware or glass, included in this class
Retail services in relation to slatted bases for beds
Wholesale services in relation to slatted bases for beds
Catalogue retail services in relation to slatted bases for beds
Online retail services in relation to slatted bases for beds
Retail services in relation to beds, bedding, mattresses, pillows and cushions
Wholesale services in relation to beds, bedding, mattresses, pillows and cushions
Catalogue retail services in relation to beds, bedding, mattresses, pillows and cushions
Online retail services in relation to beds, bedding, mattresses, pillows and cushions
Retailing in relation to statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic, included in this class
Wholesaling in relation to statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic, included in this class
Catalogue retailing in relation to statues, figurines and works of art, and ornaments and decorations, of materials including wood, wax, plaster or plastic, included in this class
Online retailing in relation to statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic, included in this class
Retailing of furniture and furnishings
Wholesaling of furniture and furnishings
Catalogue retailing in relation to furniture and furnishings
Online retailing in relation to furniture and furnishings
Retail services in relation to building and construction materials and elements, not of metal
Wholesale services in relation to building and construction materials and elements, not of metal
Catalogue retailing in relation to building materials and construction elements, not of metal
Online retailing in relation to building materials and construction elements (non-metallic)
Retail services in relation to lighting and lighting reflectors
Wholesale services in relation to lighting and lighting reflectors
Catalogue retail services in relation to lighting and lighting reflectors
Online retail services in relation to lighting and lighting reflectors
Retail services in relation to luminaires
Wholesale services in relation to luminaires
Catalogue retail services in relation to luminaires
Online retail services in relation to luminaires
Retail services in relation to roof lights [lamps]
Wholesale services in relation to roof lights [lamps]
Catalogue retail services in relation to roof lights [lamps]
Online retail services in relation to roof lights [lamps]
Retail services in relation to lighting apparatus and installations
Wholesale services in relation to lighting apparatus and installations
Catalogue retail services in relation to lighting apparatus and installations
Online retail services in relation to lighting apparatus and installations
Retail services in relation to lighting apparatus
Wholesale services in relation to lighting apparatus
Catalogue retail services in relation to lighting apparatus
Online retail services in relation to lighting apparatus
Retail services in relation to luminaires
Wholesale services in relation to luminaires
Catalogue retail services in relation to luminaires
Online retail services in relation to luminaires
Retail services in relation to dome lights for furniture
Wholesale services in relation to dome lights for furniture
Catalogue retail services in relation to dome lights for furniture
Online retail services in relation to dome lights for furniture
Advertising
Online advertisements
Marketing
Online ordering services
Publication of publicity materials on-line
Arranging commercial transactions, for others, via online shops
Conducting of trade shows
Organization of trade fairs for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes.