The trademark HYPNIA was filed by HELIOS WEB, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on October 23, 2022, and received one opposition filed on January 19, 2023 by Hypnos Limited on Likelihood of confusion. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2023
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 6 with following description of goods:
Metal springs
Bolts of metal
Steel chains
Safety chains of metal
Chains of metal
Laths of metal
Bed casters of metal.
The mark was filed in class 11 with following description of goods:
Electric blankets
Blankets, electric, not for medical purposes
Heat pads for warming
Cushions (Heating -), non-electric, other than for medical purposes
Heating cushions not for medical purposes [electric or chemically activated]
Cushions (Heating -), non-electric, other than for medical purposes
Electrical heating pads for pets, not for veterinary purposes
Bed warmers.
The mark was filed in class 17 with following description of goods:
Filtering materials of semi-processed foams of plastic
Plastic film for packing, cushioning or stuffing purposes [other than for wrapping]
Stuffing materials of plastics.
The mark was filed in class 20 with following description of goods:
Mattresses
Mattress toppers
Bed bases
Bassinets
Children's beds
Kitchen dressers [furniture]
Chests of drawers
Air mattresses, not for medical purposes
Seats
Divans
Sofas
Armchairs
Seats
Settees
Divans
Extendible sofas
Slatted bases for beds
Slatted bases for beds
Pillows
Air pillows, not for medical purposes
Bolsters
Pet cushions
Cushions
Bedsteads of wood
Bed fittings, not of metal
Bed casters, not of metal
Furniture
Bedding, except linen
Beds, bedding, mattresses, pillows and cushions
Bedding for cots [other than bed linen]
Bedding for cots [other than bed linen]
Sleeping pads
Bedding, except linen
Children's mats used for sleeping
Beds
Hospital beds
Sleeping pads
Mats for infant playpens
Playpens for babies
Bedroom furniture
Beds and components therefor
Beds with built-in bedside tables, book shelves or storage space
Baby mattresses
Mattresses made of flexible wood
Box springs.
The mark was filed in class 22 with following description of goods:
Fiberfill
Materials for padding
Wadding fibres
Upholstery wool [stuffing]
Fillings for pillows
Fillings for quilts
Fillings for duvets
Materials for padding
Feathers for stuffing upholstery
Fillings of synthetic foam
Fillings for upholstered pillows
Fillings of synthetic fibres
Padding materials, not of rubber, plastics, paper or cardboard
Wadding for padding and stuffing upholstery
Padding materials, not of rubber, plastics, paper or cardboard
Raw fibrous textile
Eiderdown
Down [feathers]
Down [feathers]
Down feathers for use as stuffing
Sacks for the transport and storage of materials in bulk
Bags [envelopes, pouches] of textile, for packaging
Padding and stuffing materials
Padding materials, other than of rubber or plastic for pillows
Padding materials, other than of rubber or plastic for beds
Cushioning in the nature of stuffing [not of rubber or plastic]
Padding materials, not of rubber, plastics, paper or cardboard
Cushioning materials, except of paper, cardboard, rubber or plastics
Padding cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Padding and stuffing materials (except of paper, cardboard, rubber or plastics).
The mark was filed in class 24 with following description of goods:
Bed blankets
Duvets
Bed covers of paper
Travelling rugs [lap robes]
Lap rugs
Bed covers
Bed covers
Bed covers
Eiderdowns [down coverlets]
Bed linen
Sleeping bag liners
Sheets [textile]
Pillowcases
Covers for cushions
Pillow shams
Mattress covers
Ticks [mattress covers]
Mattress covers
Protective loose covers for mattresses and furniture
Mosquito nets
Sleeping bags for camping
Quilts filled with synthetic stuffing materials.
The mark was filed in class 35 with following description of goods:
Retail services in relation to furniture
Wholesale services in relation to furniture
Retail services in relation to furnishings
Wholesale services in relation to furnishings
Retail services in relation to furniture, That is, Sale in relation to the following goods: metal springs, metal bolts, Elastic jacks, Coil springs, chains and Tiebacks, metal springs, Elastic jacks, Coil springs, chains and Tiebacks Parts for furniture, Beds, bed bases, Mattresses, Chairs [seats] and Chairs, Laths of metal, Bed casters of metal, Electrically heated covers and cushions not for medical purposes
Retail services in relation to furniture, That is Retail services in relation to: Bed warmers, Goods of filtering materials of semi-processed foams of plastic, of expanded synthetic resins [semi-processed], of expanded unsaturated polyester resins [semi-processed], foamed materials, goods of plastic films for packaging, cushioning or padding [other than for wrapping], goods of padding materials Including plastic, Padding and stuffing materials, Other than of rubber or plastic for pillows, Padding materials, other than of rubber or plastic for beds, cushioning materials That is Padding other than rubber or plastics, padding materials not of rubber, plastics, paper or cardboard, Packing [cushioning, stuffing] materials, other than of paper, cardboard, rubber or plastics, Padding materials, Except paper, cardboard, rubber or plastic materials, Materials for padding or stuffing Except paper, cardboard, rubber or plastic materials, Furniture and upholstered furniture, That is, Bedroom furniture, Beds, Mattresses, Mattress enhancers, Bed slats, Beds with integrated nightstands, shelves or cupboards, Cots, Children's beds, baby mattresses
Retail services in relation to furniture, That is, Retail services in relation to: Dish racks, Chests of drawers, Air mattresses (not for medical purposes), Chairs [seats], Divans, sofas, Settees, Armchairs, Chairs, Beds Furniture, bed bases, slatted bed bases, Pillows, Air pillows, not for medical purposes, Bolsters, cushions, Pet cushions, bed frames, Bed fittings, not of metal, Bed casters, not of metal, bedroom furnishings Except bed linen
Retail services in relation to furniture, That is Retail services in relation to: Bedding Except bed linen, Beds, Waterbeds, not for medical purposes, Hospital beds, Sleeping bags for camping, Floor sleeping mats, Sleeping mats, Playpens, Mats for infant playpens
Retail services in relation to furniture, That is, Retail services in relation to: Wall hangings, tufts and Padding, except of rubber, plastics, paper or cardboard, stuffing materials for mattresses, spring boxes, cushions, Pillows, Armchairs, Chairs and Other furniture, Raw fibrous textile, Down feather duvets, Feather eiderdowns, Feathers for stuffing upholstery, Feathers for bedding
Retail services in relation to furniture, That is, Retail services in relation to: Bags [sacks] for the transport and storage of materials in bulk, Bags (envelopes, pouches) of textile, for packaging, Bed blankets, Duvets, Bed covers of paper, travel blankets, travellers' rugs, bed spread coverlets, bed spreads, Quilts, Eiderdowns, Eiderdowns, Bedlinen, pillow towel, Sheets, Sleeping bag liners
Retail services in relation to furniture, That is, Retail services in relation to: cushion covers, Pillowcases, Mattress covers, Mattress cloth, Mattress covers, mattress toppers, Mattress casings, Mosquito nets
Wholesale services in relation to furniture, That is, Sale relating to the following goods: metal springs, metal bolts, Elastic jacks, Coil springs, chains and Tiebacks, metal springs, Elastic jacks, Coil springs, chains and Tiebacks Parts for furniture, Beds, bed bases, Mattresses, Chairs [seats] and Chairs, Laths of metal, Bed casters of metal, Electrically heated covers and cushions not for medical purposes
Wholesale services in relation to furniture, That is, Wholesale services in relation to: Bed warmers, Goods of filtering materials of semi-processed foams of plastic, of expanded synthetic resins [semi-processed], of expanded unsaturated polyester resins [semi-processed], foamed materials, goods of plastic films for packaging, cushioning or padding [other than for wrapping], Stuffing materials of plastics, Padding and stuffing materials, Other than of rubber or plastic for pillows, Padding materials, other than of rubber or plastic for beds, Cushioning in the nature of stuffing [not of rubber or plastic], padding materials not of rubber, plastics, paper or cardboard, Packing [cushioning, stuffing] materials, other than of paper, cardboard, rubber or plastics, Padding materials, Except paper, cardboard, rubber or plastic materials, Materials for padding or stuffing (except paper, cardboard, rubber or plastic materials), Furniture and upholstered furniture, That is, Bedroom furniture, Beds, Mattresses, Mattress enhancers, Bed slats, Beds with integrated nightstands, shelves or cupboards, Cots, Children's beds, baby mattresses
Wholesale services in relation to furniture, That is, Wholesale services in relation to: Dish racks, Chests of drawers, Air mattresses (not for medical purposes), Chairs [seats], Divans, sofas, Settees, Armchairs, Chairs, Beds Furniture, bed bases, slatted bed bases, Pillows, Air pillows, not for medical purposes, Bolsters, cushions, Pet cushions, bed frames, Bed fittings, not of metal, Bed casters, not of metal, Bedding Except bed linen
Wholesale services in relation to furniture, That is, Wholesale services in relation to: Bedding Except bed linen, Beds, Waterbeds, not for medical purposes, Hospital beds, Sleeping bags for camping, Floor sleeping mats, Sleeping mats, Playpens, Mats for infant playpens
Wholesale services in relation to furniture, That is, Wholesale services in relation to: Wall hangings, tufts and Padding, except of rubber, plastics, paper or cardboard, stuffing materials for mattresses, spring boxes, cushions, Pillows, Armchairs, Chairs and Other furniture, Raw fibrous textile, Down feather duvets, Feather eiderdowns, Feathers for stuffing upholstery, Feathers for bedding
Wholesale services in relation to furniture, That is, Wholesale services in relation to: Bags [sacks] for the transport and storage of materials in bulk, Bags (envelopes, pouches) of textile, for packaging, Bed blankets, Duvets, Bed covers of paper, travel blankets, travellers' rugs, bed spread coverlets, bed spreads, Quilts, Eiderdowns, Eiderdowns, Bed linen, Pillowcases, Sheets, Sleeping bag liners
Wholesale services in relation to furniture, That is, Wholesale services in relation to: cushion covers, Pillowcases, Mattress covers, Mattress cloth, Mattress covers, mattress toppers, Mattress casings, Mosquito nets.