The trademark CHOWA was filed by VIPet B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 8, 2022, and received one opposition filed on November 6, 2022 by Société des Produits Nestlé S.A. on Likelihood of confusion. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated soaps for animals
Perfumery, essential oils, Non-medicated cosmetics for animals
Skin care products for animals
Shampoos for pets [non-medicated grooming preparations]
Bath preparations for animals
Animal perfumes
Breath fresheners for animals
Odour fresheners for animals
Cleaning preparations for animal cages.
The mark was filed in class 5 with following description of goods:
Veterinary preparations, in particular Bandages For medical use, Adhesive tapes for medical purposes, Bandages and wadding for veterinary use
Bandages for dressings
Compresses
Complementary feed
Dietetic food and substances adapted for veterinary use
Veterinary vaccines
Medicines for veterinary purposes
Vitamins for animals
Dietary supplements for animals
Animal flea collars
Disinfecting baths, for animals
Antiparasitic collars for animals
Animal repellent formulations
Medicated animal feed
Insecticidal animal shampoos
Animal washes [insecticides]
Flea collars, sprays and powders
Antibiotics for veterinary use
Disinfectants for veterinary use
Veterinary products and substances
Pain relief medication for veterinary purposes
Pharmaceuticals for veterinary use
Preparations to prevent chewing or biting by animals.
The mark was filed in class 6 with following description of goods:
Materials of metal for the building industry
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Safes [metal or non-metal]
Metal containers for storage or transportation
Nameplates of metal
Cat/dog flaps of metal
Dog waste bag dispensers, of metal
Identification tags of metal for animals
Barrels (Common metal -) for the identification of pet animals
Common metal bands for the identification of pet animals
Chains (Metal -) for animals
Chains of metal
Parts for the aforesaid goods, included in this class.
The mark was filed in class 10 with following description of goods:
Garments for animals for medical use
Therapeutic garments for animals
Physical therapy equipment for animals
Medical and veterinary apparatus and instruments
Orthopaedic aids and Aids to promote the mobility of animals
Electric heating covers for medical use for animals
Heat therapy instruments
Protective visors for veterinary use
Blankets and operation jackets for animals to prevent biting and scratching, for medical use
Medical instruments for use inside and on animal bodies
Surgical apparatus and instruments for veterinary use
Parts for the aforesaid goods, included in this class.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins
Luggage and carrying bags
Umbrellas and parasols
Walking staffs
Whips, harness and saddlery
Collars, leashes and clothing for animals
Dog shoes
Coats for dogs
Coats for cats
Collars for cats
Leather poop bag holders for pets
Leather reward bags for pets
Dog clothing
Leads for animals
Animal carriers [bags]
Harness for animals
Covers and wraps for animals
Parts for the aforesaid goods, included in this class.
The mark was filed in class 20 with following description of goods:
Animal housing and beds
Beds for animals
Beds for household pets
Kennels for household pets
Pet cushions
Baskets for animals
Travelling baskets for animals, Non-metal plates
Playhouses for pets
Hutches for animals
Sleeping baskets, non-metallic, for domestic animals
Cat baskets
Grooming tables for pets
Dog baskets
Doors (for cats/dogs), not of metal
Parts for the aforesaid goods, included in the class.
The mark was filed in class 21 with following description of goods:
Brushes for pets
Combs and sponges
Litter boxes for pets
Animal activated animal feeders
Pet grooming glove
Combs for use on domestic animals
Pet feeding bowls
Electronic pet feeders
Dog food scoops
Glassware, chinaware, porcelain and earthenware
Cages for household pets
Containers for storing pet food
Feeding containers and drinking containers for animals
Plastic holders for serving food and water to pets
Toothbrushes for pets
Wire cages for household pets
Cages for pets
Pet paw cleaners, non-electric
Parts for the aforesaid goods, included in this class.
The mark was filed in class 24 with following description of goods:
Blankets for household pets
Woven fabrics
Coverings for furniture
Linings (textile)
Parts for the aforesaid goods, included in this class.
The mark was filed in class 28 with following description of goods:
Toys for pets, Training articles for pets and Toys for domestic pets
Ball launchers for pets
Sports equipment for pets
Pet toys made of rope
Toys for translating feelings of pets
Parts for the aforesaid goods, included in this class.
The mark was filed in class 31 with following description of goods:
Animal foodstuffs
Food for birds, dogs, cats, horses and other animals (pets)
Animal feed preparations
Food preparations for animals as a supplement to animal food
Bones for dogs
Pet treats in the nature of bully sticks.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Non-medicated soaps for animals, Perfumery, essential oil, Non-medicated cosmetics for animals, Skin care products for animals, Shampoos for animals, Bath preparations for animals, Animal perfumes, Breath fresheners for animals, Odour fresheners for animals, Cleaning preparations for animal cages
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Veterinary preparations, Namely medical bandages, Plasters, Bandages and wadding for veterinary use, Bandages for dressings, compresses, Supplementary feed, Dietetic foods and dietetic substances adapted for veterinary use, Veterinary vaccines, Medicines for veterinary purposes, Vitamins for animals
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Food supplements for animals, Animal flea collars, Disinfection bandages for animals, Antlparasitic collars for animals, Animal repellent formulations, Medicated supplements for animal feed, Insecticide shampoos for animals, animal washes, Flea collars, sprays and powders, Veterinary antibiotics
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Disinfectants for veterinary use, Veterinary preparations and substances, Analgesics for veterinary purposes, Pharmaceuticals for veterinary use, Preparations to prevent chewing or biting by animals
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Metal materials for building and construction, Transportable constructions of metal, Non-electric cables and wires of common metal, Small items of metal hardware, Safes, Metal containers for storage or transport, metal dog tags, Cat/dog flaps of metal and Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Delivery devices of metal for bags for dog excrements, Identification tags of metal for animals, barrels (common metal) for the identification of pet animals, Common metal bands for the identification of pet animals, Chains of metal for animals, Metal chain and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Garments for animals for medical use, Therapeutic garments for animals, Physical therapy equipment for animals, medical and veterinary apparatus and instruments and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Orthopedic equipment and Aids to promote the mobility of animals, Electric heating covers for medical use for animals, medical and veterinary apparatus and instruments, Protective visors for veterinary use and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Hoods and surgical jackets for animals to prevent biting and scratching, For medical purposes, Medical instruments for use inside and on animal bodies, Surgical apparatus and instruments for veterinary use and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: leather and Leather (imitation), animal skins, luggage and carrying bags, Umbrellas, parasols and walking sticks, Whips, harness and saddlery, Collars, leashes and clothing for animals, Dog shoes, Dog coats, Coats for cats, Collars for cats and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Leather poop bag holders for pets, leather reward bags for pets, Clothing for dogs, Lead for animals, Carrying bags for animals, Apparatus for animals, Clothing and blankets for animals and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Beds and enclosures for animals, Beds for animals, Beds for household pets, Kennels, Cushions for household pets, Baskets for animals, Travelling baskets for animals, not of metal, playhouses for pets, Rabbit hutches and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Sleeping baskets, not of metal, for pets, cat baskets, Grooming tables for pets, dog baskets, Cat doors, Dog flaps, Mounting profiles and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Brushes for pets, Combs and spongers, Toilets for animals, Animal activated livestock feeders, gloves for pet care, Pet combs, Feeding vessels for pets, electronic pet feeders, Dog food scoops and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Glassware, porcelain and earthenware, Cages for household pets, Containers for storing pet food and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Drinking troughs and mangers for animals, Containers of plastic for serving food and water to pets, Toothbrushes for pets, Wire cages for household pets, Benches for pets, pet paw cleaners, non-electric and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Blankets for pets, Fabric, coverings for furniture, lining and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Toys, Training articles and toys for pets, Ball launchers for pets, Pet sports equipment, Pet toys made of ropes, toys for the translation of the feelings of pets and Parts for the aforesaid goods
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Foodstuffs for animals, Food for birds, dogs, cats, horses and other animals (pets), Foodstuffs for animals, Food preparations for animals as a supplement to animal food, Bones for dogs, Pet treats in the nature of bully sticks, Animal articles, Pet accessories and pet transport equipment
Provision of commercial information
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.