The trademark PINGOUIN was filed by PP Yarns & Co, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 9, 2021, and received one opposition filed on November 8, 2021 by Penguin Books Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 8, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed matter, namely, knitting patterns
Adhesives (sticky materials) for stationery or household purposes
Posters
Albums
Brochures
Patterns for sewing
All these products being related to yarn and yarn art.
The mark was filed in class 22 with following description of goods:
Ropes
String
Tents
Tarpaulins
Sails
Padding materials, not of rubber, plastics, paper or cardboard
Raw fibrous textile
Cables, not of metal
Packing [cushioning, stuffing] materials, not of rubber, plastics, paper or cardboard
Textile fibres
Sacks for the transport and storage of materials in bulk
Bags [envelopes, pouches] of textile, for packaging.
The mark was filed in class 23 with following description of goods:
Yarns for textile use
Elastic thread and yarn for textile use
Rubber thread for textile use
Fibreglass thread for textile use
Spun wool
Spun silk.
The mark was filed in class 24 with following description of goods:
Textiles
Bed blankets
Fabrics for textile use
Elastic woven material
Velvet
Bed linen
Linens
Table linen, not of paper
Bath linen, except clothing
Sleeping bags.
The mark was filed in class 26 with following description of goods: