The trademark VEL VET HOME was filed by KM HOME spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on February 8, 2021, and received one opposition filed on May 9, 2021 by Velvet Care Sp. z o.o. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SOŁTYSIŃSKI KAWECKI & SZLĘZAK - KANCELARIA RADCÓW PRAWNYCH I ADWOKATÓW and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 9, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 24 with following description of goods:
Furniture coverings of textile
Tulle
Curtain holders of textile material
Filtering materials of textile
Cloths for removing make-up
Crepe [fabric]
Banners of textile or plastic
Cotton fabrics
Felt
Buckram
Plastic material [substitute for fabrics]
Labels of textile
Velvet
Esparto fabric
Woollen cloth
Adhesive fabric for application by heat
Traced cloths for embroidery
Sleeping bags for babies
Oilcloth for use as tablecloths
Bunting of textile or plastic
Chenille fabric
Billiard cloth
Bath gloves
Duvets
Muslin fabric
Place mats of textile
Rayon fabric
Coasters of textile
Bed covers of paper
Cot bumpers [bed linen]
Shower curtains of textile or plastic
Hat linings, of textile, in the piece
Fibreglass fabrics for textile use
Crepon
Sleeping bags
Diapered linen
Bed valances
Coverings for furniture
Blankets for household pets
Tablecloths, not of paper
Sheets [textile]
Face towels of textile
Ramie fabric
Baby buntings
Bivouac sacks being covers for sleeping bags
Furniture coverings of plastic
Elastic woven material
Silk fabrics for printing patterns
Fabric for footwear
Marabouts [cloth]
Lining fabric for footwear
Towels of textile
Cheese cloth
Diaper changing cloths for babies
Mattress covers
Glass cloths [towels]
Calico
Linen cloth
Damask
Linens
Door curtains
Haircloth [sackcloth]
Fabric of imitation animal skins
Non-woven textile fabrics
Flannel [fabric]
Bed throws
Wall hangings of textile
Lingerie fabric
Table runners, not of paper
Picnic blankets
Lap rugs
Shrouds
Fabric, impervious to gases, for aeronautical balloons
Upholstery fabrics
Frieze [cloth]
Silk [cloth]
Gauze [cloth]
Ticks [mattress covers]
Bolting cloth
Brocades
Tablemats of textile
Taffeta [cloth]
Textile goods, and substitutes for textile goods
Bed linen and blankets
Trellis [cloth]
Fitted toilet lid covers of fabric
Mosquito nets
Wall hangings
Woven fabrics
Flags of textile or plastic
Curtains
Gummed cloth, other than for stationery purposes
Cheviots [cloth]
Drugget
Table napkins of textile
Filters made of textile materials
Handkerchiefs of textile
Zephyr [cloth]
Tick [linen]
Moleskin [fabric]
Covers for cushions
Curtains of textile or plastic
Hemp cloth
Printers' blankets of textile
Bed blankets
Bath linen, except clothing
Canvas for tapestry or embroidery
Fustian
Knitted fabric
Sleeping bag liners
Filter fibers [textile]
Jersey [fabric]
Linings [textile].
The mark was filed in class 35 with following description of goods:
Online retail services in relation to diapered linen
Wholesale services in relation to jute fabric
Retail services in relation to lingerie fabric
Retail services in relation to jute fabric
Online retail services in relation to coverings for furniture
Online retail services in relation to fabric, impervious to gases, for aeronautical balloons
Retail services in relation to blankets for household pets
Retail services in relation to moleskin [fabric]
Online retail services in relation to diaper changing cloths for babies
Retail services in relation to: Filters of textile material
Wholesale services in relation to diapered linen
Online retail services in relation to ticks [mattress covers]
Wholesale services in relation to wall hangings of textile
Online retail services in relation to fabric for footwear
Online retail services in relation to baby buntings
Online retail services in relation to labels of textile
Wholesale services in relation to felt
Online retail services in relation to gauze [cloth]
Online retail services in relation to brocades
Wholesale services in relation to labels of textile
Online retail services in relation to coasters of textile
Retail services in relation to fiberglass fabrics, for textile use
Online retail services in relation to bed linen and blankets
Retail services in relation to linings [textile]
Online retail services in relation to place mats of textile
Retail services in relation to tablemats of textile
Wholesale services in relation to bed skirts
Retail services in relation to bolting cloth
Retail services in relation to filtering materials of textile
Online retail services in relation to furniture coverings of textile
Retail services in relation to marabouts [cloth]
Online retail services in relation to linen cloth
Wholesale services in relation to cheviots [cloth]
Online retail services in relation to printed calico cloth
Online retail services in relation to bath linen, except clothing
Retail services in relation to fabric of imitation animal skins
Retail services in relation to labels of textile
Retail services in relation to filtering materials of textile
Online retail services in relation to bolting cloth
Retail services in relation to flags of textile or plastic
Retail services in relation to coverings for furniture
Online retail services in relation to mattress covers
Online retail services in relation to chenille fabric
Wholesale services in relation to quilts
Online retail services in relation to curtain holders of textile material
Retail services in relation to trellis [cloth]
Wholesale services in relation to tick [linen]
Wholesale services in relation to moleskin [fabric]
Online retail services in relation to table runners, not of paper
Wholesale services in relation to sheets [textile]
Online retail services in relation to buckram
Wholesale services in relation to curtain holders of textile material
Online retail services in relation to felt
Wholesale services in relation to velvet
Online retail services in relation to fabrics
Retail services in relation to diaper changing cloths for babies
Wholesale services in relation to diaper changing cloths for babies
Online retail services in relation to labels of textile
Online retail services in relation to crepe [fabric]
Online retail services in relation to blankets for household pets
Wholesale services in relation to filtering materials of textile
Administrative processing and organising of mail order services
Retail services in relation to place mats of textile
Wholesale services in relation to place mats of textile
Wholesale services in relation to place mats of textile
Wholesale services in relation to shrouds
Online retail services in relation to woollen cloth
Wholesale services in relation to tablemats of textile
Retail services in relation to printed calico cloth
Retail services in relation to damask
Retail services in relation to cheviots [cloth]
Wholesale services in relation to blankets for household pets
Retail services in relation to fustian
Retail services in relation to mattress covers
Wholesale services in relation to bunting of textile or plastic
Online retail services in relation to haircloth [sackcloth]
Retail services in relation to door curtains
Online retail services in relation to shower curtains of textile or plastic
Retail services in relation to bed skirts
Wholesale services in relation to curtains
Retail services in relation to fabric, impervious to gases, for aeronautical balloons
Retail services in relation to billiard cloth
Online retail services in relation to wall hangings of textile
Online retail services in relation to cot bumpers [bed linen]
Retail services in relation to furniture coverings of plastic
Wholesale services in relation to textile goods, and substitutes for textile goods
Online retail services in relation to banners of textile or plastic
Online retail services in relation to velvet
Retail services in relation to wall hangings of textile
Wholesale services in relation to gauze [cloth]
Retail services in relation to linens
Wholesale services in relation to linen cloth
Online retail services in relation to lap rugs
Retail services in relation to haircloth [sackcloth]
Retail services in relation to flannel [fabric]
Wholesale services in relation to furniture coverings of textile
Wholesale services in relation to labels of textile
Online retail services in relation to bath mitts
Retail services in relation to zephyr [cloth]
Online retail services in relation to sleeping bags for babies
Online retail services in relation to shrouds
Online retail services in relation to curtains of textile or plastic
Retail services in relation to cheese cloth
Wholesale services in relation to travelling rugs [lap robes]
Retail services in relation to bed blankets
Wholesale services in relation to fitted toilet lid covers of fabric
Online retail services in relation to lingerie fabric
Retail services in relation to taffeta [cloth]
Wholesale services in relation to fiberglass fabrics, for textile use
Online retail services in relation to cotton fabrics
Wholesale services in relation to esparto fabric
Retail services in relation to fabrics
Wholesale services in relation to plastic material [substitute for fabrics]
Online retail services in relation to tablemats of textile
Retail services in relation to eiderdowns [down coverlets]
Retail services in relation to fabric for footwear
Online retail services in relation to elastic woven material
Retail services in relation to wall hangings
Retail services in relation to banners of textile or plastic
Retail services in relation to non-woven textile fabrics
Retail services in relation to frieze [cloth]
Retail services in relation to printers' blankets of textile
Online retail services in relation to muslin fabric
Retail services in relation to sleeping bags for babies
Online retail services in relation to: Filters of textile material
Retail services in relation to sleeping bags
Retail services in relation to adhesive fabric for application by heat
Online retail services in relation to tick [linen]
Online retail services in relation to tick [linen]
Wholesale services in relation to filtering materials of textile
Wholesale services in relation to filtering materials of textile
Online retail services in relation to moleskin [fabric]
Wholesale services in relation to wall hangings
Online retail services in relation to sleeping bags
Retail services in relation to tulle
Online retail services in relation to lining fabric for footwear
Wholesale services in relation to hat linings, of textile, in the piece
Retail services in relation to silk cloth
Wholesale services in relation to flannel [fabric]
Retail services in relation to cot bumpers [bed linen]
Wholesale services in relation to chenille fabric
Retail services in relation to jersey [fabric]
Online retail services in relation to bed blankets
Wholesale services in relation to elastic woven material
Wholesale services in relation to printed calico cloth
Wholesale services in relation to sleeping bags for babies
Retail services in relation to textile goods, and substitutes for textile goods
Retail services in relation to travelling rugs [lap robes]
Wholesale services in relation to bolting cloth
Wholesale services in relation to cheese cloth
Wholesale services in relation to bed linen
Wholesale services for: Filters of textile material
Wholesale services in relation to place mats of textile
Wholesale services in relation to trellis [cloth]
Retail services in relation to fitted toilet lid covers of fabric
Online retail services in relation to marabouts [cloth]
Retail services in relation to gauze [cloth]
Retail services in relation to oilcloth for use as tablecloths
Online retail services in relation to fibreglass fabrics for textile use
Retail services in relation to plastic material [substitute for fabrics]
Wholesale services in relation to billiard cloth
Wholesale services in relation to frieze [cloth]
Retail services in relation to silk fabrics for printing patterns
Wholesale services in relation to jersey [fabric]
Retail services in relation to ticks [mattress covers]
Online retail services in relation to filtering materials of textile
Online retail services in relation to gummed cloth, other than for stationery purposes
Online retail services in relation to taffeta [cloth]
Retail services in relation to: Bivouac sacks being covers for sleeping bags
Online retail services in relation to cheviots [cloth]
Online retail services in relation to fabric of imitation animal skins
Online retail services in relation to knitted fabric
Wholesale services in relation to rayon fabric
Retail services in relation to hat linings, of textile, in the piece
Online retail services in relation to flags of textile or plastic
Online retail services in relation to tulle
Retail services in relation to muslin fabric
Wholesale services in relation to gummed cloth, other than for stationery purposes
Retail services in relation to coasters [table linen]
Export agency services
Online retail services in relation to hemp fabric
Wholesale services in relation to eiderdowns [down coverlets]
Online retail services in relation to duvets
Wholesale services in relation to linens
Wholesale services in relation to brocades
Online retail services in relation to pillowcases
Wholesale services for: Picnic rugs
Online retail services in relation to jersey [fabric]
Retail services in relation to traced cloth for embroidery
Retail services in relation to rayon fabric
Retail services in relation to felt
Wholesale services in relation to upholstery fabrics
Wholesale services in relation to fabric, impervious to gases, for aeronautical balloons
Online retail services in relation to: Picnic rugs
Retail services in relation to: Picnic rugs
Retail services in relation to bath mitts
Online retail services in relation to bath mitts
Online retail services in relation to curtains
Wholesale services in relation to taffeta [cloth]
Wholesale services in relation to sleeping bag liners
Online retail services in relation to drugget
Wholesale services in relation to adhesive fabric for application by heat
Online retail services in relation to filtering materials of textile
Retail services in relation to crepon
Online retail services in relation to hat linings, of textile, in the piece
Wholesale services in relation to shams
Retail services in relation to chenille fabric
Retail services in relation to quilts
Retail services in relation to baby buntings
Online retail services in relation to crepon
Wholesale services in relation to sleeping bags
Wholesale services in relation to woollen cloth
Retail services in relation to mosquito nets
Online retail services in relation to sheets [textile]
Electronic order processing
Wholesale services in relation to ramie fabric
Sales administration
Wholesale services in relation to lingerie fabric
Providing commercial information to consumers
Retail services in relation to shower curtains of textile or plastic
Retail services in relation to drugget
Wholesale services in relation to lining fabric for footwear
Wholesale services in relation to damask
Wholesale services in relation to linings [textile]
Wholesale services in relation to filtering materials of textile
Online retail services in relation to cheese cloth
Retail services in relation to knitted fabric
Online retail services in relation to damask
Retail services in relation to esparto fabric
Wholesale services in relation to printers' blankets of textile
Online retail services in relation to bunting of textile or plastic
Wholesale services in relation to zephyr [cloth]
Wholesale services in relation to fustian
Online retail services in relation to zephyr [cloth]
Retail services in relation to bunting of textile or plastic
Wholesale services in relation to fabric of imitation animal skins
Wholesale services in relation to traced cloth for embroidery
Wholesale services in relation to flags of textile or plastic
Online retail services in relation to textile goods, and substitutes for textile goods
Retail services in relation to linen cloth
Retail services in relation to lining fabric for footwear
Retail services in relation to filtering materials of textile
Online retail services in relation to wall hangings
Retail services in relation to curtains of textile or plastic
Retail services in relation to elastic woven material
Retail services in relation to brocades
Retail services in relation to crepe [fabric]
Online retail services in relation to esparto fabric
Online retail services in relation to plastic material [substitute for fabrics]
Wholesale services in relation to cotton fabrics
Retail services in relation to sleeping bag liners
Online retail services in relation to trellis [cloth]
Wholesale services in relation to coverings for furniture
Retail services in relation to woollen cloth
Retail services in relation to buckram
Retail services in relation to table runners, not of paper
Auctioneering services
Online retail services in relation to sleeping bag liners
Online retail services in relation to linens
Online retail services in relation to bed covers
Online retail services in relation to door curtains
Online retail services in relation to curtains
Online retail services in relation to non-woven textile fabrics
Wholesale services in relation to non-woven textile fabrics
Wholesale services in relation to banners of textile or plastic
Retail services in relation to curtains
Consultancy relating to costing of sales orders
Wholesale services in relation to mattress covers
Wholesale services in relation to haircloth [sackcloth]
Wholesale services in relation to canvas for tapestry or embroidery
Wholesale services in relation to oilcloth for use as tablecloths
Retail services in relation to cotton fabrics
Online retail services in relation to traced cloths for embroidery
Wholesale services in relation to crepe [fabric]
Wholesale services in relation to muslin fabric
Online retail services in relation to printers' blankets of textile
Wholesale services in relation to shower curtains of textile or plastic
Online retail services in relation to fustian
Providing consumer information relating to goods and services
Retail services in relation to diapered linen
Online retail services in relation to bed valances
Online retail services in relation to filtering materials of textile
Wholesale services in relation to buckram
Online retail services in relation to filtering materials of textile
Retail services in relation to sheets [textile]
Wholesale services in relation to drugget
Wholesale services in relation to door curtains
Retail services in relation to gummed cloth, other than for stationery purposes
Online retail services in relation to silk [cloth]
Advertising, marketing and promotional services
Wholesale services in relation to bath mitts
Business assistance, management and administrative services
Online retail services in relation to silk fabrics for printing patterns
Retail services in relation to bed linen
Online retail services in relation to fitted toilet lid covers of fabric
Wholesale services in relation to silk cloth
Retail services in relation to furniture coverings of textile
Online retail services in relation to adhesive fabric for application by heat
Retail services in relation to shams
Online retail services in relation to mosquito nets
Wholesale services in relation to crepon
Online retail services in relation to billiard cloth
Online retail services in relation to frieze [cloth]
Wholesale services in relation to ticks [mattress covers]
Wholesale services in relation to knitted fabric
Online retail services in relation to ramie fabric
Wholesaling relating to the following goods: bivouac sacks being covers for sleeping bags
Retail services in relation to shrouds
Wholesale services in relation to cot bumpers [bed linen]
Online retail services in relation to flannel [fabric]
Retail services in relation to bath linen, except clothing
Wholesale services in relation to bath linen, except clothing
Retail services in relation to labels of textile
Retail services in relation to: Picnic rugs
Retail services in relation to ramie fabric
Online retail services in relation to linings [textile]
Retail services in relation to canvas for tapestry or embroidery
Wholesale services in relation to silk fabrics for printing patterns
Retail services in relation to tick [linen]
Wholesale services in relation to marabouts [cloth]
Wholesale services in relation to filtering materials of textile
Online retail services in relation to canvas for tapestry or embroidery
Online retail services in relation to oilcloth for use as tablecloths
Wholesale services in relation to mosquito nets
Wholesale services in relation to fabric for footwear
Import agency services
Wholesale services in relation to tulle
Wholesale services in relation to furniture coverings of plastic
Retail services in relation to curtain holders of textile material
Wholesale services in relation to coasters [table linen]
Online retail services in relation to fibreglass fabrics for textile use
Online retail services in relation to furniture coverings of plastic
Online retail services in relation to: Bivouac sacks being covers for sleeping bags
Retail services in relation to upholstery fabrics
Wholesale services in relation to non-woven textile fabrics
Wholesale services in relation to bed blankets
Wholesale services in relation to baby buntings
Wholesale services in relation to curtains of textile or plastic
Retail services in relation to velvet
Wholesale services in relation to fabrics
Online retail services in relation to rayon fabric
Retail services in relation to filtering materials of textile
Online retail services in relation to upholstery fabrics
Wholesale services in relation to table runners, not of paper.