The trademark VIVALDI was filed by SC NEOGEN SA, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on November 30, 2023, and received one opposition filed on January 17, 2024 by Knaus Tabbert AG on Likelihood of confusion. the opponent was represented by advotec. Patent- und Rechtsanwaltspartnerschaft Tappe mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2024
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018732443 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on August 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Business research and information services
Business research and information services
Provision of an online marketplace for buyers and sellers of goods and services
Retail services in relation to articles for use with tobacco
Retail services in relation to festive decorations and artificial Christmas trees
Retail services in relation to toys, games, playthings and novelties
Retail services in relation to sporting articles and equipment
Wholesale services in relation to sporting articles and equipment
Retail services in relation to fairground and playground apparatus
Wholesale services in relation to fairground and playground apparatus
Retail services in relation to floor coverings and artificial ground coverings
Wholesale services in relation to floor coverings and artificial ground coverings
Retail services in relation to wall and ceiling coverings
Wholesale services in relation to wall and ceiling coverings
Retail services in relation to artificial fruit, flowers and vegetables
Wholesale services in relation to artificial fruit, flowers and vegetables
Retail services in relation to charms [not jewellery or for keys, rings or chains]
Wholesale services in relation to charms [not jewellery or for keys, rings or chains]
Retail services in relation to hair ornaments, hair rollers, hair fastening articles, and false hair
Wholesale services in relation to hair ornaments, hair rollers, hair fastening articles, and false hair
Retail services in relation to needles and pins for entomology
Wholesale services in relation to needles and pins for entomology
Retail services in relation to accessories for apparel, sewing articles and decorative textile articles
Wholesale services in relation to accessories for apparel, sewing articles and decorative textile articles
Retail services in relation to hats
Wholesale services in relation to hats
Retail services in relation to clothing
Wholesale services in relation to clothing
Retailing of textiles
Retail services in relation to yarns and threads
Wholesale services in relation to yarns and threads
Retail services in relation to outdoor blinds of textile
Wholesale services in relation to outdoor blinds of textile
Retail services in relation to bags and sacks for packaging, storage and transport
Wholesale services in relation to bags and sacks for packaging, storage and transport
Retail services in relation to padding and stuffing materials
Wholesale services in relation to padding and stuffing materials
Retail services in relation to raw textile fibers
Wholesale services in relation to raw textile fibers
Retail services in relation to ironing boards
Wholesale services in relation to ironing boards
Retail services in relation to vases
Wholesale services in relation to vases
Retail services in relation to containers for flowers
Wholesale services in relation to containers for flowers
Retail services in relation to flower pots
Wholesale services in relation to flower pots
Retail services in relation to bowls for floral decorations
Wholesale services in relation to bowls for floral decorations
Retail services in relation to flower baskets
Wholesale services in relation to flower baskets
Retail services in relation to cleaning articles
Wholesale services in relation to cleaning articles
Retail services in relation to tableware, cookware and containers
Wholesale services in relation to tableware, cookware and containers
Retail services in relation to brushes
Wholesale services in relation to brushes
Retail services in relation to ladders and movable steps, non-metallic
Wholesale services in relation to ladders and movable steps, non-metallic
Retail services in relation to containers, and closures and holders therefor, non-metallic
Wholesale services in relation to containers, and closures and holders therefor, non-metallic
Retail services in relation to the following goods: furniture and furnishings
Wholesale services in relation to the following goods: furniture and furnishings
Retail services in relation to displays, stands and signage, non-metallic
Wholesale services in relation to displays, stands and signage, non-metallic
Retail services in relation to animal housing and beds
Wholesale services in relation to animal housing and beds
Retail services in relation to the following goods: Transportable buildings and structures of metal, Faux fur
Retail services in relation to leather cloth
Wholesale services in relation to leather cloth
Retail services in relation to umbrellas and parasols
Wholesale services in relation to umbrellas and parasols
Retail services in relation to the following goods: baggage, Pouches, Wallets
Wholesale services in relation to the following goods: baggage, Pouches, Wallets
Retail services in relation to bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Wholesale services in relation to the following goods: Bags and goods for packaging, wrapping and storage purposes Of paper, cardboard or plastic
Retail services in relation to decoration and art materials and media
Wholesale services in relation to the following goods: Decoration and art materials and media, Key rings and key chains and charms therefor
Wholesale services in relation to key rings and key chains, and charms therefor
Retail services in relation to gemstones, pearls and precious metals, and imitations thereof
Wholesale services in relation to gemstones, pearls and precious metals, and imitations thereof
Retail services in relation to time instruments
Wholesale services in relation to time instruments
Retail services in relation to jewellery boxes and watch boxes
Wholesale services in relation to jewellery boxes and watch boxes
Retail services in relation to lighting and lighting reflectors
Wholesale services in relation to lighting and lighting reflectors
Retail services in relation to food preparation implements, kitchen knives and cutlery
Wholesale services in relation to food preparation implements, kitchen knives and cutlery
Retail services in relation to food preparation implements, kitchen knives and cutting implements, cutlery for eating
Wholesale services in relation to food preparation implements, kitchen knives and cutting implements, cutlery for eating
Retail services in relation to hygienic and beauty implements for humans and animals
Wholesale services in relation to hygienic and beauty implements for humans and animals
Retail services in relation to agricultural, gardening and forestry machines and apparatus
Wholesale services in relation to agricultural, gardening and forestry machines and apparatus
Retail services in relation to doors, gates, windows and window coverings of metal
Wholesale services in relation to doors, gates, windows and window coverings of metal
Retail services in relation to metal hardware
Wholesale services in relation to metal hardware
Retail services in relation to hygienic preparations and articles
Wholesale services in relation to hygienic preparations and articles
Retail services in relation to dietary supplements and dietetic preparations
Wholesale services in relation to dietary supplements and dietetic preparations
Retail services in relation to sanitary preparations and articles
Wholesale services in relation to sanitary preparations and articles
Retail services in relation to candles and wicks for lighting
Wholesale services in relation to candles and wicks for lighting
Retail services in relation to essential oils and aromatic extracts
Wholesale services in relation to essential oils and aromatic extracts
Retail services in relation to toiletries
Wholesale services in relation to toiletries
Retail services in relation to cleaning and fragrancing preparations
Wholesale services in relation to cleaning and fragrancing preparations
Retail services in relation to abrasives
Wholesale services in relation to abrasives
Business research & analysis
Business assistance, management and administrative services
Retail sales services and Wholesaling in relation to the following goods: Dyes, colorants, pigments and inks, Cleaning and fragrancing preparations, Essential oils and aromatic extracts, Toiletries, Animal grooming preparations, Wax ( Tailors' -), Cobblers' wax, abrasives
Retail sales services and Wholesaling in relation to the following goods: Candles and wicks for lighting, Dental preparations and articles and medicated dentifrices, Dietary supplements and dietetic preparations, Sanitary preparations and articles, Hygiene preparations and articles
Retail sales services and Wholesaling in relation to the following goods: Construction materials and elements of metal, Containers and articles of metal for transport and packaging, Doors, gates, Windows and blinds for windows of metal, ironmongery, Buildings and portable buildings of metal, Agricultural, gardening and forestry machines and apparatus, Machines and machine tools for processing materials and for use in manufacturing
Retail sales services and Wholesaling in relation to the following goods: Electric household appliances for hygiene and beauty purposes for human beings and animals, Food preparation implements, kitchen knives and cutting implements, cutlery for eating
Retail sales services and Wholesaling in relation to the following goods: Apparatus, instruments and cables for electricity, eye wear, sun glasses and Contact lenses, Navigation, guidance, tracking, targeting and map making devices, Safety, security, protection and signalling devices, Measuring, detecting and monitoring, indicating and checking instruments, Magnets
Retail sales services and Wholesaling in relation to the following goods: Medical and veterinary apparatus and instruments, Physiotherapy apparatus, Feeding aids and pacifiers, Medical furniture and beds, Equipment for moving patients, Medical clothing, Lighting apparatus and reflectors, Suntanning appliances, Personal heating and drying apparatus, Lighters, Burners, Boilers and heaters
Retail sales services and Wholesaling in relation to the following goods: Equipment for treating, cooling and heating food and beverages, Cooling and freezing equipment, Heating, ventilating, and air conditioning and purification equipment (ambient), Filters for industrial and household use, Drying installations, Installations for water supply and sanitary purposes, Sanitation equipment
Retail sales services and Wholesaling in relation to the following goods: Vehicles and means of transport, Jewellery boxes and watch boxes, Key rings and key chains and charms therefor, Precious stones, pearls, precious metals and imitations thereof, Clocks and chronometric instruments
Retail sales services and Wholesaling in relation to the following goods: Adhesives, bags for packaging and Goods of paper, cardboard or plastic for packaging, Insulation and barrier articles and materials
Retail sales services and Wholesaling in relation to the following goods: Umbrellas and sun visors, Luggage, bags, wallets and other carriers, Knapsacks, Saddlery, whips and apparel for animals, Leather and imitations of leather, Hides or furs
Retail sales services and Wholesaling in relation to the following goods: Shelters and beds for animals, Cosmetic and toilet utensils and articles for bathrooms, Brushes and other cleaning articles, Brush-making materials, Articles for the care of clothing, Tableware, cookware and containers, Gardening articles, Animal requisites
Retail sales services and Wholesaling in relation to the following goods: Unworked or semi-worked glass for unspecified use, raw textile fibers and substitutes, Wall hangings, Straps and bands, Ropes and string, Tarpaulins, awnings, tents, and unfitted coverings, Bags and sacks
Retail sales services and Wholesaling in relation to the following goods: Nets, sails, Yarns, threads, textile goods, Filtering materials of textile, Textiles and substitutes for textiles, Clothing, headpieces, Accessories for apparel, sewing articles and decorative textile articles
Retail sales services and Wholesaling in relation to the following goods: Artificial fruit, flowers and vegetables, Cases for keys, Wall and ceiling decorations, Floor coverings and artificial ground coverings, playthings, games
Retail sales services and Wholesaling in relation to the following goods: Meat, Processed fruits, mushrooms and vegetables (including nuts and pulses), Eggs and egg products, Fish, seafood and shellfish, Dairy products and dairy substitutes, Oils and fats, Coffee, tea and cocoa and substitutes therefor, Ice, ice creams, frozen yogurts and sorbets, Salt, spices, seasonings and condiments
Retail sales services and Wholesaling in relation to the following goods: Processed seeds, Starch, Baking preparations and yeast, Sugar, natural sweeteners, sweet glazes and fillings, bee products, Pastries, cakes, tarts and biscuits, Sugar confectionery, chocolate bars and chewing gum, Non-alcoholic beverages, beers, Alcoholic beverages, Articles for use with tobacco, Matches, Tobacco and tobacco products (including substitutes), Personal vaporisers and electronic cigarettes.