The trademark VIVOHOME was filed by Vivohome Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on March 3, 2022, and received one opposition filed on June 2, 2022 by Vivo Diagnóstico, S. L. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Abrasive bands
Abrasive emery paper
Abrasive paper
Abrasive paper [sandpaper]
Abrasive sheets
Emery paper
Sandpaper.
The mark was filed in class 4 with following description of goods:
Additive concentrates (Non-chemical -) for motor fuels
Candles (Christmas tree -)
Candles for lighting
Candles for night lights
Candles for use as nightlights
Christmas lights [candles]
Christmas tree candles
Christmas tree decorations for illumination [candles]
Christmas tree ornaments for illumination [candles]
Nightlights [candles].
The mark was filed in class 6 with following description of goods:
Poultry cages of metal
Animals [Traps for wild -]
Gabions of steel wire
Fences of metal
Cargo slings of metal
Ducts of metal for ventilating installations
Flagpoles of metal
Load lifting straps of metal
Locks of metal for vehicles
Metal rigging chain
Metal bicycle storage racks
Metal ramps
Furnace fire screens
Trapezes of metal for sail boats.
The mark was filed in class 7 with following description of goods:
Blenders, electric, for household purposes
Combined wire strippers and cutters [machines]
Dishwashers
Electric hoists
Electric ice crushers
Electric jacks
Electric meat grinders
Electric vacuum cleaners
Fans being parts of machines
Spin dryers [not heated]
Washing machines for clothes
Liquidizers [kitchen machines]
Ultrasonic cleaning instruments for jewellery
Electric pumps
Aquarium air stones [pumps]
Welding and soldering equipment
Hydraulic jacks
Elevating apparatus
Lifting ramps
Concrete mixers
Incubators for eggs
Refrigeration compressors
Air brushes for applying paint
Hot print foiling machines
Contact printing machines
3D printers.
The mark was filed in class 8 with following description of goods:
Air pumps, hand-operated
Hand-operated jacks
Lifting tools
Pruning scissors
Saw holders
Snow shovels
Wire strippers (Hand operated -)
Agricultural, gardening and landscaping tools
Agricultural hand tools.
The mark was filed in class 9 with following description of goods:
Condensers [capacitors]
Coolant-temperature sensors
Ducts [electricity]
Electronic door locks
Electronic weighing scales
Fluid level measuring apparatus for use in motor vehicles
Gas pressure indicators
Illumination regulators
Portable chargers
Refrigerant meters
Refrigerant scales
Temperature indicators
Tyre-pressure measurers.
The mark was filed in class 10 with Foot massage apparatus and Foot massagers..
The mark was filed in class 11 with following description of goods:
Ice cube making machines
Filters for swimming pools
Swimming pool heaters
Dryers (Hair -)
Ventilating installations
Desk lights
Food dryers
Barbecue apparatus
Water heaters
Seats for water closets
Toilet bowls
Wine refrigerators
Purification machines (Water -)
Ultrasonic sterilizers for household purposes
Fireplaces, domestic
Garden lighting
Water supply apparatus
Personal steambaths
Fires
Bed warmers
Extraction hoods for cookers.
The mark was filed in class 12 with following description of goods:
Adhesive rubber patches for repairing tubes or tires
Apparatus for locomotion by water
Bicycle stands
Catboats
Frames for motorcycles
Garden hose carts
Mudguards
Mudguards [for automobiles]
Stands for cycles [parts of]
Stands for motorcycles.
The mark was filed in class 15 with Accordions and Drums..
The mark was filed in class 16 with 3D decals for use on any surface and Easels..
The mark was filed in class 20 with following description of goods:
Furniture
Benches
Coat racks
Dressers
Coffee tables
End tables
Fireplace screens
Furniture screens
Glass cabinets
Bookshelves
Computer desks
Picnic tables
Flower stands
Playpens for babies
Shoe racks
Trolleys [furniture]
Nesting boxes for animals
Kennels for household pets
Birdhouses
Grooming tables for pets.
The mark was filed in class 21 with following description of goods:
3D wall art made of terra-cotta
Bird baths
Bird cages
Bird cages for domestic birds
Bird feeders
Bird feeders for feeding caged birds
Bird feeders in the nature of containers
Birdcages
Cat litter boxes
Ovenware
Pans (Frying -)
Portable coolers
Wine chillers
Wine coolers.
The mark was filed in class 22 with following description of goods:
Acrylic fibers
Awnings
Awnings not of metal
Awnings of synthetic material
Awnings of synthetic materials
Awnings of textile or synthetic materials
Camping tents
Lifting slings (Non-metallic -) for handling loads
Tarpaulins, awnings, tents, and unfitted coverings
Tents
Tents for camping
Tents for mountaineering
Tents for mountaineering or camping
Tents made of textile materials
Tents made of textile material
Tents [not for camping].
The mark was filed in class 24 with following description of goods:
Adhesive fabric
Bed canopies
Bed clothes
Bed coverings
Bed covers
Bed linen and blankets
Bedspreads
Coverlets
Coverlets [bedspreads]
Covers for mattresses
Mattress covers
Protective loose covers for mattresses and furniture
Toilet seat covers.
The mark was filed in class 27 with Anti-slip floor coverings for use on staircases and Baby crawling mats..
The mark was filed in class 28 with following description of goods:
Badminton nets
Ball nets
Baseball batting cage nets
Basketball hoops
Bouncers [playthings]
Nets for ball games
Nets for practising golf
Nets for sporting ball games
Playground sandboxes.
The mark was filed in class 34 with following description of goods: