The trademark vivense home was filed by VIVENSE TEKNOLOJI HIZMETLERI VE TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on December 3, 2020, and received one opposition filed on March 1, 2021 by VIVENIO RESIDENCIAL SOCIMI, S.A. on Likelihood of confusion. the opponent was represented by MERX PATENTES Y MARCAS, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 1, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003141937 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Lighting installations
Lights for vehicles and interior-exterior spaces
Heating installations using solid, liquid or gas fuels or electricity, central heating boilers, boilers for heating installations, radiators [heating], heat exchangers, not parts of machines, stoves, kitchen stoves, solar thermal collectors [heating]
Steam, gas and fog generators, steam boilers, other than parts of machines, acetylene generators, oxygen generators, nitrogen generators
Installations for air-conditioning and ventilating
Cooling installations and freezers
Electric and gas-powered devices, installations and apparatus for cooking, drying and boiling, cookers, electric cooking pots, electric water heaters, barbecues, electric laundry driers
Electric bed warmers and electric blankets, not for medical use
Electric pillow warmers
Electric or non-electric footwarmers
Hot water bottles
Socks, electrically heated
Filters for aquariums and aquarium filtration apparatus
Industrial type installations for cooking, drying and cooling purposes
Pasteurizers and sterilizers.
The mark was filed in class 20 with following description of goods:
Furniture, made of any kind of material
Mattresses, pillows, air mattresses and cushions, not for medical purposes, water beds, not for medical purposes
Mirrors
Beehives, artificial honeycombs and sections of wood for honeycombs
Bouncing chairs for babies, playpens for babies, cradles, infant walkers
Display boards, frames for pictures and paintings, identification plates, not of metal
Identification tags, not of metal
Nameplates, not of metal
Identification tags 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, loading pallets and closures for the aforementioned goods, of wood or plastics
Small furniture hardware goods of wood or synthetic materials included in this class, furniture fittings, of wood or synthetic materials
Ornaments and decorative goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, beeswax, plastic or plaster, included in this class, namely figurines, holiday ornaments for walls and sculptures, all made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, beeswax, plastic or plaster
Baskets, not of metal
Fishing baskets
Kennels, nesting boxes and beds for household pets
Portable ladders and mobile boarding stairs of wood or synthetic materials
The mark was filed in class 21 with following description of goods:
Hand-operated non-electric cleaning instruments and appliances, brushes, other than paintbrushes, steel chips for cleaning, sponges for cleaning, steel wool for cleaning, cloths of textile for cleaning, gloves for dishwashing, non-electric polishing machines for household purposes, brooms for carpets, mops
Toothbrushes, electric toothbrushes, dental floss, shaving brushes, hair brushes, combs
Non-electric household or kitchen utensils, included in this class, [other than forks, knives, spoons], services [dishes], pots and pans, bottle openers, flower pots, drinking straws, non-electric cooking utensils
Ironing boards and shaped covers therefor, drying racks for washing, clothes drying hangers
Cages for household pets, indoor aquariums, vivariums and indoor terrariums for animals and plant cultivation
Ornaments and decorative goods of glass, porcelain, earthenware or clay, included in this class, namely statues, figurines and vases, all made of glass, porcelain, earthenware or clay and cups, not of precious metal
Mouse traps, insect traps, electric devices for attracting and killing flies and insects, fly catchers, fly swatters
Perfume burners, perfume sprayers, perfume vaporizers, electric or non-electric make-up removing appliances, powder puffs, toilet cases
Nozzles for sprinkler hose, nozzles for watering cans, watering devices, garden watering cans
Unworked or semi-worked glass, except building glass, mosaics of glass and powdered glass for decoration, except for building, glass wool other than for insulation or textile use.
The mark was filed in class 24 with following description of goods:
Woven or non-woven textile fabrics
Textile goods for household use, not included in other classes: curtains, bed covers, sheets (textile), pillowcases, blankets, quilts, towels
Flags, pennants, labels of textile
Swaddling blankets
Sleeping bags for camping.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats
Prayer rugs
Linoleum, artificial turf, linoleum for covering floors
Gymnasium mats
Wallpaper, wall hangings not of textile.
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 of advertising materials
Provision of an online marketplace for buyers and sellers of goods and services
Office functions
Secretarial services
Arranging newspaper subscriptions for others
Compilation of statistics
Rental of office machines
Systemization of information into computer databases
Telephone answering for unavailable subscribers
Business management, business administration and business consultancy
The bringing together, for the benefit of others, of a variety of goods, namely, lighting installations, lights for vehicles and interior-exterior spaces, heating installations using solid, liquid or gas fuels or electricity, central heating boilers, boilers for heating installations, radiators [heating], heat exchangers, not parts of machines, stoves, kitchen stoves, solar thermal collectors [heating], steam, gas and fog generators, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, steam boilers, other than parts of machines, acetylene generators, oxygen generators, nitrogen generators, installations for air-conditioning and ventilating, cooling installations and freezers, electric and gas-powered devices, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, installations and apparatus for cooking, drying and boiling, cookers, electric cooking pots, electric water heaters, barbecues, electric laundry driers, hair driers, hand drying apparatus, sanitary installations, taps [faucets], shower installations, toilets [water-closets], shower and bathing cubicles, bath tubs, toilet seats, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, sinks, wash-hand basins [parts of sanitary installations], washers for water taps, water softening apparatus, water purification apparatus, water purification installations, waste water purification installations, electric bed warmers and electric blankets, not for medical use, electric pillow warmers, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, electric or non-electric footwarmers, hot water bottles, socks, electrically heated, filters for aquariums and aquarium filtration apparatus, industrial type installations for cooking, drying and cooling purposes, pasteurizers and sterilizers, furniture, made of any kind of material, mattresses, pillows, air mattresses and cushions, not for medical purposes, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, water beds, not for medical purposes, mirrors, beehives, artificial honeycombs and sections of wood for honeycombs, bouncing chairs for babies, playpens for babies, cradles, infant walkers, display boards, frames for pictures and paintings, identification plates, not of metal, identification tags, not of metal, nameplates, not of metal, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, identification tags 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, loading pallets and closures for the aforementioned goods, of wood or plastics, small furniture hardware goods of wood or synthetic materials, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, furniture fittings, of wood or synthetic materials, 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, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, holiday ornaments for walls and sculptures, all made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, beeswax, plastic or plaster, baskets, not of metal, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, 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, bead curtains for decoration, curtain hooks, curtain rings, curtain tie-backs, curtain rods, non-metal wheel chocks, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, hand-operated non-electric cleaning instruments and appliances, brushes, other than paintbrushes, steel chips for cleaning, sponges for cleaning, steel wool for cleaning, cloths of textile for cleaning, gloves for dishwashing, non-electric polishing machines for household purposes, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, brooms for carpets, mops, toothbrushes, electric toothbrushes, dental floss, shaving brushes, hair brushes, combs, non-electric household or kitchen utensils, [other than forks, knives, spoons], services [dishes], enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, pots and pans, bottle openers, flower pots, drinking straws, non-electric cooking utensils, ironing boards and shaped covers therefor, drying racks for washing, clothes drying hangers, cages for household pets, indoor aquariums, vivariums and indoor terrariums for animals and plant cultivation, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, ornaments and decorative goods of glass, porcelain, earthenware or clay, namely statues, figurines and vases, all made of glass, porcelain, earthenware or clay and cups, not of precious metal, mouse traps, insect traps, electric devices for attracting and killing flies and insects, fly catchers, fly swatters, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, perfume burners, perfume sprayers, perfume vaporizers, electric or non-electric make-up removing appliances, powder puffs, toilet cases, nozzles for sprinkler hose, nozzles for watering cans, watering devices, garden watering cans, unworked or semi-worked glass, except building glass, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, mosaics of glass and powdered glass for decoration, except for building, glass wool other than for insulation or textile use, woven or non-woven textile fabrics, textile goods for household use, curtains, bed covers, sheets (textile), pillowcases, blankets, quilts, towels, flags, pennants, labels of textile, swaddling blankets, enabling customers to conveniently view and purchase those goods
The bringing together, for the benefit of others, of a variety of goods, namely, sleeping bags for camping, carpets, rugs, mats, prayer rugs, linoleum, artificial turf, linoleum for covering floors, gymnasium mats, wallpaper, wall hangings not of textile, 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.
The mark was filed in class 37 with following description of goods:
Vehicles service stations for land vehicles, maintenance, repair and refueling of land vehicles
Vehicles service stations for marine vehicles, maintenance, repair and refueling of marine vehicles
Repair and maintenance of air vehicles
Upholstering, repair and restoration of furniture
Cleaning, care and repair of clothing
Clock and watch repair
Repair of shoes, bags and belts.
The mark was filed in class 42 with Authenticating works of art.