The trademark VESTA was filed by HERMANN Commerce GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 7, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on July 6, 2022 by Vaillant GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by karo IP Patentanwälte PartG mbB and its proceedings were handled in German The second opposition filed on July 3, 2022 by "EURO-NET" SPÓLKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ on Likelihood of confusion. the opponent was represented by Skubisz i Partnerzy Kancelaria Radców Prawnych and its proceedings were handled in English The third opposition filed on May 26, 2022 by DOHE, S.A. on Likelihood of confusion. the opponent was represented by PROTECTIA PATENTES Y MARCAS S.L. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on February 4, 2024.
The Opposition with reference B 003171837 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 18, 2023 by the EUIPO. The Opposition with reference B 003174094 was Reject opposition: opposition not admissible according to Article 8(1)(b) EUTMR with decision issued on October 27, 2022 by the EUIPO. The Opposition with reference B 003174334 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on July 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Lighting and lighting reflectors
Igniters
Drying installations
Cooking, heating, cooling and preservation equipment, for food and beverages
Nuclear installations
Personal drying apparatus
Refrigerating and freezing equipment
Regulating and safety accessories for gas installations
Sun tanning appliances.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Displays, stands and signage, non-metallic
Containers, and closures and holders therefor, non-metallic
Ladders and movable steps, non-metallic
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Door, gate and window fittings, non-metallic
Door stops of wood
Curtain rings
Corner protectors of plastics
Corner cap components, not of metal
Clothes lines (Props for -), of wood or plastics
Chain links of non-metallic materials
Ceramic pulls for furniture
Ceramic pulls for drawers
Ceramic pulls for cabinets
Ceramic pulls for cabinets, drawers and furniture
Ceramic knobs
Cantilevered brackets of non-metallic materials [other than for building]
Cane connectors of non-metallic materials
Brackets of (Non-metallic -) used for fixing plaques
Bathtub grab bars, not of metal
Bath rails, not made of metal
Basin plugs of non-metallic materials
Bag hangers, not of metal
Anchor bolts, not of metal, for use in bridge construction
Anchor bolts, not of metal
Mooring buoys, non-metallic
Valves, non-metallic
Locks and keys, non-metallic
Fasteners, non-metallic
Holders for pennants
Hinges, not of metal incorporating a spring
Hinges, not of metal having a spring action
Hinges, not of metal
Hard wood tree stakes
Handles made of plastics for doors
Handles of plastics materials for hollowware
Hand-operated non-metal garden hose reels
Hand-held flat fans
Hand-held flagpoles, not of metal
Hand fans
Grommets made of plastics materials
Glass knobs
Floor hinges, not of metal
Finger-plates, not of metal
Ferrules of non-metallic materials for walking sticks
Fans for personal use, non-electric
Drawer pulls, not of metal
Drawer pulls of wood
Drawer pulls of porcelain
Drawer pulls of plastic
Drawer pulls of glass
Drawer pulls of earthenware
Doorplates, not of metal
Doorknobs, not of metal
Non-metal shims
Non-metal saw horse brackets
Non-metal plant hangers
Non-metal picture hangers
Non-metal mirror hangers
Non-metal hooks
Non-metal garden stakes
Non-metal escutcheons
Non-metal door viewers [non-magnified]
Non-metal dock cleats
Non-metal cup hooks
Non-metal clamps
Non-metal chains
Non-metal cabinet stops
Mouldings made of substitutes of wood for picture frames
Mouldings made of plastics for picture frames
Molds of plaster for casting ceramic materials
Mats, removable, for sinks
Labels of plastic
Identification tags of plastic for animals
Identification tags for animals, not of metal
Identification bracelets, not of metal
Hose hangers not of metal
Hooks for wall hangings (Non-metallic -)
Hooks for towels (Non-metallic -)
Porcelain doorknobs
Poles, not of metal
Plugs for showers, not of metal
Plugs for baths, not of metal
Plastic washers
Plastic suction cups
Plastic squeeze tubes, empty
Plastic plant markers
Plastic molds for use in manufacturing furniture
Plastic molds for making soap for commercial production purposes
Plastic molds for making soap
Plastic knobs
Plastic grave markers
Plastic ear tags for livestock
Plant supports
Pipe support sleeves [plastic]
Overhead suspension tracks of non-metallic materials
Non-metallic trays [other than for domestic use or for sorting or counting money]
Non-metallic support grips
Non-metallic numberplate fasteners
Non-metallic license plate frames
Non-metallic grab rails
Non-metallic bathroom hooks
Non-metal wheel chocks
Non-metal weather vanes
Spring assemblies (Non-metallic -) for incorporation into mattresses
Spring assemblies (Non-metallic -) for incorporation into cushions
Spools (non-metallic -) [other than parts of machines or apparatus]
Split cane flower sticks
Spacers of plastic for use with sandwich panels
Sink liners
Shower rods
Shower grab bars, not of metal
Shower curtain rods
Shower curtain rings
Porcelain pulls
Protective shields of plastics materials for trees
Reels [not of metal, non-mechanical or parts of machines]
Reels of wood for yarn, silk, cord
Reels, not of metal, non-mechanical, for flexible hoses
Ring closures, other than of metal
Ring pulls, not of metal
Rings for bulls' noses [non-metallic]
Safety hooks, not of metal
Shower curtain rails
Shower curtain hooks
Shoulder poles [yokes]
Shoe pegs, not of metal
Shoe dowels, not of metal
Saw horses
Tent pegs, not of metal
Tile spacers
Tissue holders [fixed] not of metal
Trapeze hooks (Non-metallic -)
Trapezes not of metal for sail boats
Trays, not of metal
Tree protectors [tubes] not of metal
Tree protectors, not of metal
Tree supports (Non-metallic -)
Tube plugs (Non-metallic -)
Tap venting plugs of wood
Tap venting plugs of plastic
Suspension rods (Non-metallic -) for hanging up articles
Suction pads [fixings]
Strap-hinges, not of metal
Strain relief clips (Non-metallic -)
Staves of wood
Stakes, not of metal, for plants or trees
Stair rods of plastic
Stair rods
Stair fittings of plastics
Stair edgings of plastics
Stacking adaptors non-metallic fittings
Springs made principally of plastic
Spring washers of plastic
Turnbuckles (Non-metallic -)
Wall hooks of non-metallic materials
Winding spools, not of metal, non-mechanical, for flexible hoses
Wood door handles
Wood doorknobs
Wood knobs
Wooden plant markers
Wooden sticks for holding candy or ice cream.
The mark was filed in class 35 with following description of goods:
Providing commercial information to consumers, in the following fields: Make-up preparations
Providing commercial information to consumers, in the following fields: Cosmetics
Providing commercial information to consumers, in the following fields: Beauty products
Providing of commercial information for consumers, in relation to the following fields: Choice of goods or services
Providing of commercial information for consumers (consumer advice shop)
Providing hotel rate comparison information
Providing consumer product recommendations
Providing consumer product information via the Internet
Providing consumer product information relating to software
Providing consumer product information relating to laptops
Providing consumer product information relating to food or drink products
Providing consumer product information relating to cosmetics
Providing consumer product information
Providing consumer information relating to goods and services
Providing commercial information to consumers
Information services, in relation to the following fields: Tariffs
Provision of information concerning commercial sales
Providing of information for consumers relating to the selection of goods for purchase
Providing market information in relation to consumer products
Providing information via the Internet relating to the sale of automobiles
Business consultancy for consumers, in the following fields: Cosmetics
Business consultancy for consumers, in the following fields: Beauty products
Providing advice to consumers in the choice of products and services
Commercial information and advice for consumers (consumer advice)
Administrative services
Auctioneering services
Administration of newspaper subscription [for others]
Administrative order processing
Administrative processing and organising of mail order services
Administrative processing of computerized purchase orders
Administrative processing of purchase orders
Administrative services relating to warranty claims processing
Administrative services relating to the referral of patients
Administrative services relating to the referral of clients to lawyers
Administrative services relating to employee stock plans
Administrative services relating to dental health insurance
Administrative processing of purchase orders within the framework of services provided by mail-order companies
Administrative processing of warranty claims
Administrative processing of purchase orders placed by telephone or computer
Automatic re-ordering service for business
Export agency services
Energy price comparison services
Electronic order processing
Computerized on-line ordering services
Computerised stock ordering
Comparison shopping services
Business consultancy for consumers, in the following fields: Make-up preparations
Commercial administration of the licensing of the goods and services of others
Clerical services for the taking of sales orders
Chamber of commerce services for the promotion of commerce
Chamber of commerce services for the promotion of businesses
Business administration services for processing sales made on the internet
Bidding quotation
Price comparison rating of accommodations
Price analysis services
Outsourcing services in the nature of arranging procurement of goods for others
Ordering services for third parties
Online ordering services
Online ordering in the field of take-away and delivery of restaurant food
Management on behalf of industrial and commercial enterprises in terms of supplying them with office requisites
Import-export agency services
Import-export agencies in the field of energy
Import and export services
Import agency services
Goods or services price quotations
Providing consumer product advice relating to software
Providing consumer product advice relating to laptops
Providing consumer product advice relating to cosmetics
Providing consumer product advice
Production of teleshopping programmes
Product sales rankings information
Procurement services for others relating to office requisites
Procurement of goods on behalf of other businesses
Procurement services for others [purchasing goods and services for other businesses]
Price comparison services
Wholesale ordering services
The bringing together, for the benefit of others, of a variety of telecommunications services, enabling consumers to conveniently compare and purchase those services
The bringing together, for the benefit of others, of a variety of insurance services, enabling consumers to conveniently compare and purchase those services
Telephone order-taking services for others
Tariff consultancy
Sales administration
Purchasing services
Purchasing of goods and services for other businesses
Purchasing agency services
Provision of online price comparison services
Consumer information in relation to the selection of goods for purchase
Provision of an online marketplace for buyers and sellers of goods and services
Providing recommendations of goods to consumers for commercial purposes
Retail services in relation to fuels
Book club services retailing books to its members
Mail order retail services connected with clothing accessories
Mail order retail services for clothing
Mail order retail services for cosmetics
Mail order retail services related to beer
Mail order retail services related to alcoholic beverages (except beer)
Retail of third-party pre-paid cards for the purchase of telecommunication services
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail of third-party pre-paid cards for the purchase of multimedia content
Retail of third-party pre-paid cards for the purchase of entertainment services
Retail of third-party pre-paid cards for the purchase of clothing
Rental of sales stands
Online retail store services relating to cosmetic and beauty products
Online retail store services relating to clothing
Online retail services relating to toys
Online retail services relating to luggage
Online retail services relating to jewelry
Online retail services relating to handbags
Online retail services relating to cosmetics
Online retail services relating to clothing
Online retail services for downloadable ring tones
Online retail services for downloadable digital music
Online retail services for downloadable and pre-recorded music and movies
Mail order retail services related to non-alcoholic beverages
Mail order retail services related to foodstuffs
Retail services in relation to tobacco
Retail services in relation to teas
Retail services in relation to printed matter
Retail services in relation to musical instruments
Retail services in relation to jewellery
Retail services in relation to horticulture equipment
Retail services in relation to headgear
Retail services in relation to food cooking equipment
Retail services in relation to fabrics
Retail services in relation to cooling equipment
Retail services in relation to computer software
Retail services in relation to computer hardware
Retail services in relation to cocoa
Retail services in relation to cleaning articles
Retail services in relation to beer
Retail services for works of art provided by art galleries
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services connected with the sale of subscription boxes containing cosmetics
Retail services connected with the sale of subscription boxes containing food
Retail services connected with the sale of subscription boxes containing chocolates
Retail services connected with the sale of subscription boxes containing beers
Retail services connected with the sale of clothing and clothing accessories
Retail services connected with stationery
Retail services in relation to veterinary instruments
Retail services in relation to veterinary apparatus
Retail services in relation to time instruments
Retail services in relation to sun tanning appliances
Retail services in relation to sex aids
Retail services in relation to sanitary installations
Retail services in relation to preparations for making beverages
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to non-alcoholic beverages
Retail services in relation to medical instruments
Retail services in relation to meats
Retail services in relation to litter for animals
Retail services in relation to lighting
Retail services in relation to horticulture products
Retail services in relation to gardening articles
Retail services in relation to footwear
Retail services in relation to fodder for animals
Retail services in relation to diving equipment
Retail services in relation to disposable paper products
Retail services in relation to cutlery
Retail services in relation to bedding for animals
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to articles for use with tobacco
Retail services in relation to weapons
Retail services in relation to veterinary preparations
Retail services in relation to veterinary articles
Retail services in relation to vehicles
Retail services in relation to umbrellas
Retail services in relation to toiletries
Retail services in relation to stationery supplies
Retail services in relation to sporting equipment
Retail services in relation to saddlery
Retail services in relation to refrigerating equipment
Retail services in relation to recorded content
Retail services in relation to physical therapy equipment
Retail services in relation to metal hardware
Retail services in relation to luggage
Retail services in relation to hearing protection devices
Retail services in relation to freezing equipment
Retail services in relation to floor coverings
Retail services in relation to festive decorations
Retail services in relation to educational supplies
Retail services in relation to dietetic preparations
Retail services in relation to clothing
Retail services in relation to chemicals for use in agriculture
Retail services in relation to bags
Retail services in relation to art materials
Retail services in relation to animal grooming preparations
Retail services in relation to yarns
Retail services in relation to works of art
Retail services in relation to wall coverings
Retail services in relation to threads
Retail services in relation to tableware
Retail services in relation to sorbets
Retail services in relation to sewing articles
Retail services in relation to medical apparatus
Retail services in relation to lubricants
Retail services in relation to information technology equipment
Retail services in relation to ice creams
Retail services in relation to hand-operated tools for construction
Retail services in relation to hand-operated implements for construction
Retail services in relation to furnishings
Retail services in relation to frozen yogurts
Retail services in relation to foodstuffs
Retail services in relation to earthmoving equipment
Retail services in relation to dietary supplements
Retail services in relation to cookware
Retail services in relation to coffee
Retail services in relation to cleaning preparations
Retail services in relation to chemicals for use in horticulture
Retail services in relation to chemicals for use in forestry
Retail services in relation to agricultural equipment
Retail services in relation to sporting articles
Retail services relating to sporting goods
Retail services relating to fragrancing preparations
Retail services relating to flowers
Retail services in relation to pushchairs
Retail services in relation to pet products
Retail services in relation to kitchen appliances
Retail services in relation to cups and glasses
Wholesale services in relation to refrigerating equipment
Wholesale services in relation to freezing equipment
Retail services relating to home textiles
Shop retail services connected with carpets
Wholesale services in relation to works of art
Wholesale services in relation to stationery supplies
Wholesale services in relation to luggage
Wholesale services in relation to furnishings
Wholesale services in relation to fragrancing preparations
Wholesale services in relation to food cooking equipment
Wholesale services in relation to art materials
Wholesale services in relation to wall coverings
Wholesale services in relation to yarns
Wholesale services in relation to toys
Wholesale services in relation to tableware
Wholesale services in relation to floor coverings
Wholesale services in relation to festive decorations
Wholesale services in relation to agricultural equipment
Wholesale services in relation to beauty implements for humans
Wholesale services in relation to furniture
Wholesale services in relation to dairy products
Wholesale services in relation to lighting
Wholesale services in relation to kitchen appliances
Wholesale services in relation to cups and glasses.