The trademark EXTRAVAGANZA was filed by Galati Silvio, a corporation established under the laws of the Italian Republic (the "Applicant") and TD OMNI BUSINESS, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 5, 2021, and received one opposition filed on July 29, 2021 by COMPAGNIE DES CRISTALLERIES DE SAINT-LOUIS on Likelihood of confusion. the opponent was represented by DUCLOS, THORNE, MOLLET-VIEVILLE ET ASSOCIES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 29, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003151824 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 8 with following description of goods:
Cutlery, kitchen knives, and cutting implements for kitchen use
Edged and blunt weapons
Emergency and rescue hand tools
Hand-operated hygienic and beauty implements for humans and animals
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Lifting tools.
The mark was filed in class 18 with following description of goods:
Saddlery, whips and apparel for animals
Luggage, bags, wallets and other carriers
Umbrellas and parasols
Walking sticks
Animal skins
Boxes made of leather
Boxes of leather or leatherboard
Butts [parts of hides]
Card holders made of imitation leather
Card holders made of leather
Cases of leather or leatherboard
Casings, of leather, for springs
Cattle skins
Chamois leather, other than for cleaning purposes
Chin straps, of leather
Curried skins
Document cases of leather
Faux fur
Fur
Furniture coverings of leather
Furs sold in bulk
Girths of leather
Goldbeaters' skin
Harness fittings
Imitation leather
Imitation leather hat boxes
Imitation leather sold in bulk
Industrial packaging containers of leather
Kid
Leathercloth
Labels of leather
Leather and imitations of leather
Leather cord
Leather for furniture
Leather for harnesses
Leather for shoes
Leather luggage straps
Leather sold in bulk
Leather straps
Leather twist
Leather, unworked or semi-worked
Leatherboard
Moleskin [imitation of leather]
Polyurethane leather
Rawhide chews for dogs
Reins for guiding children
Semi-worked fur
Sheets of imitation leather for use in manufacture
Sheets of leather for use in manufacture
Shoulder belts
Shoulder belts [straps] of leather
Shoulder straps
Snakeskin
Straps for skates
Straps for soldiers' equipment
Straps made of imitation leather
Studs of leather
Tefillin [phylacteries]
Toiletry bags sold empty
Trimmings of leather for furniture
Valves of leather
Worked or semi-worked hides and other leather.
The mark was filed in class 20 with following description of goods:
Animal housing and beds
Containers, and closures and holders therefor, non-metallic
Displays, stands and signage, non-metallic
Furniture and furnishings
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
Fasteners, non-metallic
Locks and keys, non-metallic
Mooring buoys, non-metallic
Valves, non-metallic
Anchor bolts, not of metal
Anchor bolts, not of metal, for use in bridge construction
Bag hangers, not of metal
Basin plugs of non-metallic materials
Bath rails, not made of metal
Bathtub grab bars, not of metal
Brackets of (Non-metallic -) used for fixing plaques
Cane connectors of non-metallic materials.
The mark was filed in class 21 with following description of goods:
Articles for the care of clothing and footwear
Cosmetic, hygiene and beauty care utensils
Household utensils for cleaning, brushes and brush-making materials
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Aquaria and vivaria
Devices for pest and vermin control
Animal activated animal feeders
Animal activated livestock feeders
Animal activated livestock waterers
Animal bristles [brushware]
Animal grooming gloves
Animal-activated pet feeders
Automatic litter boxes for pets
Bird baths
Bird baths not being structures
Bird cages for domestic birds
Bird feeders
Bird feeders for feeding birds in the wild
Bird feeders for feeding caged birds
Bird feeders in the nature of containers
Bird repellent devices, not of metal
Birdcages
Brushes for grooming horses
Brushes for pets
Cages for household pets
Cages of metal for domestic use
Cat litter pans
Combs for animals
Combs for use on domestic animals
Containers for bird food
Currycombs
De-shedding combs for pets
Deshedding brushes for pets
Dog food scoops
Drinking troughs
Drinking troughs for poultry
Electronic pet feeders
Feeding troughs
Feeding troughs for livestock
Feeding troughs of metal for cattle
Filters for use in cat litter pans
Fur brushes for animals
Goldfish bowls
Horse brushes
Horse brushes of wire
Horse combs
Litter boxes for pets
Litter scoops for use with pet animals
Litter trays for birds
Mane brushes [horse combs]
Mangers for animals
Mangers for cows
Mangers for horses
Mangers for sheep
Metal pans for cattle
Nest eggs, artificial
Non-mechanized animal feeders
Non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Perches for bird cages
Pet drinking bowls
Pet feeding and drinking bowls
Pet feeding bowls
Pet feeding bowls, automatic
Pet grooming glove
Pet paw cleaners, non-electric
Pig troughs
Plastic containers for dispensing drink to pets
Plastic containers for dispensing food to pets
Plastics trays for use as litter trays for cats
Poultry rings
Poultry troughs
Rings for birds
Scoops for the disposal of animals excrement
Scoops for the disposal of pet waste
Small animal feeders
Toothbrushes for animals
Ultrasonic bird repellers
Watering troughs for cattle
Wild animal repellent devices, not of metal
Wire cages for household pets
Bouquet holders
Bowls for floral decorations
Bowls for plants
Clay floor vases
Compost containers for household use
Containers for flowers
Floor vases
Flower bowls
Flower baskets
Flower bowls of precious metal.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Parts of clothing, footwear and headgear.
The mark was filed in class 28 with following description of goods: