The trademark NISELIN was filed by XIU LIN, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 9, 2022, and received one opposition filed on July 27, 2022 by Nielsen Design GmbH on Likelihood of confusion. the opponent was represented by MEISSNER BOLTE PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003175481 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 20 with following description of goods:
Mooring buoys, non-metallic
Valves, non-metallic
Fans for personal use, non-electric
Hand fans
Hand-held flat fans
Stair fittings of plastics
Rings for bulls' noses [non-metallic]
Hand-held flagpoles, not of metal
Split cane flower sticks
Spools (non-metallic -) [other than parts of machines or apparatus]
Reels [not of metal, non-mechanical or parts of machines]
Non-metal wheel chocks
Stair edgings of plastics
Reels of wood for yarn, silk, cord
Hand-operated non-metal garden hose reels
Hose hangers not of metal
Cane connectors of non-metallic materials
Spring assemblies (Non-metallic -) for incorporation into cushions
Spring assemblies (Non-metallic -) for incorporation into mattresses
Waste dumpsters, not of metal, other than for medical use
Ferrules of non-metallic materials for walking sticks
Whalebone, unworked or semi-worked
Bamboo
Bamboo, unworked or semi-worked
Ambroid bars
Reeds [plaiting materials]
Bamboo canes
Wood ribbon
Straw edgings
Tusks [raw or partly worked material]
Tortoiseshell
Imitation tortoiseshell
Shells
Shells [unworked or partly worked material]
Sea whelk shells
Oyster shells
Tortoiseshells [unworked or partly worked material]
Coral
Coral [unworked or partly worked]
Cork bands
Antlers
Stag antlers
Corozo
Horn, unworked or semi-worked
Artificial horns
Yellow amber
Animal horns
Animal teeth
Meerschaum
Meerschaum [raw or partly worked material]
Animal claws
Onigaya hay [raw or partly worked material]
Animal bone [unworked or partly worked material]
Whalebones
Reeds [raw or partly worked material]
Ivory
Ivory, unworked or semi-worked
Wicker
Mother-of-pearl
Raw mother of pearl
Mother-of-pearl, unworked or semi-worked
Plaited straw, except matting
Animal hooves
Rattan [unworked or partly worked material]
Straw plaits
Non-metal dock cleats
Reels, not of metal, non-mechanical, for flexible hoses
Winding spools, not of metal, non-mechanical, for flexible hoses
Protective shields of plastics materials for trees
Tile spacers
Non-metal garden stakes
Hard wood tree stakes
Sew-on tags of plastic or rubber for clothing
Labels of plastic
Non-metallic numberplate fasteners
Pipe support sleeves [plastic]
Wooden plant markers
Plastic plant markers
Non-metallic license plate frames
Plastic molds for making soap for commercial production purposes
Plastic molds for making soap
Plastic molds for use in manufacturing furniture
Molds of plaster for casting ceramic materials
Wooden sticks for holding candy or ice cream
Shoulder poles [yokes]
Plastic grave markers
Tree protectors [tubes] not of metal
Tree protectors, not of metal
Plastic squeeze tubes, empty
Shoe dowels, not of metal
Removable covers for sinks
Spacers of plastic for use with sandwich panels
Tree supports (Non-metallic -)
Non-metal plant hangers
Holders for pennants
Plant supports
Mats, removable, for sinks
Sink liners
Basin plugs of non-metallic materials
Tube plugs (Non-metallic -)
Plugs for showers, not of metal
Plugs for baths, not of metal
Clothes lines (Props for -), of wood or plastics
Trapezes not of metal for sail boats
Strain relief clips (Non-metallic -)
Anchor bolts, not of metal, for use in bridge construction
Stakes, not of metal, for plants or trees
Stair rods of plastic
Stair rods
Non-metal weather vanes.
The mark was filed in class 21 with following description of goods:
Articles for the care of footwear
Brush-making materials
Unworked and semi-worked glass, not specified for use
Rinsing tubs
Bowls [basins]
Boxes for holding artificial teeth
Earthenware basins
Shaving dishes
Wash basins [bowls, not parts of sanitary installations]