The trademark ATMOSPHAERA was filed by Lukas Maarten Hebels h.o.d.n. LMH-Commerces, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 29, 2022, and received one opposition filed on January 2, 2023 by JJA on Likelihood of confusion. the opponent was represented by SCHMIDT BRUNET LITZLER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 2, 2023
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 cosmetics and toiletry preparations
Non-medicated toothpaste
Perfumes, essential oils
Fragrances
Textile perfuming preparations
Fragrances for use in the home
Reed diffusers and scented sachets
Scented wood
Potpourris [fragrances]
Incense
Filling and refilling of electric fragrance dispensers
Aromatics for household purposes.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Sanitary preparations for medical purposes
Disinfectants
Air deodorizing preparations and Air sanitizing preparations, including the following products: Air deodorizing preparations.
The mark was filed in class 11 with following description of goods:
Lighting apparatus, Lighting instruments and Lighting installations, Heating apparatus, heating instruments and Heating installations, Steam generating apparatus, Steam generating instruments and Steam generating installations, Cooking appliances, Cooking instruments and Installations for cooking, Cooling apparatus, refrigerating instruments and Cooling installations, Apparatus for drying, drying instruments and Drying installations, Apparatus for ventilating, ventilation instruments and Ventilating installations, Air-conditioning equipment, Air conditioning instruments and Air conditioning installations, Purifying apparatus, Purification instruments and purification installations and Water-supply apparatus, Water supply instruments and Water supply installations
Sanitary installations
Apparatus, equipment, installations and systems for treating, purifying, filtering, displacing, heating, cooling, drying, humidifying, dehumidifying, extracting and ventilating air, Including air purifiers
Electric dispensers for room deodorants
Filters for industrial and household use, Including air filters
Lights, including the following products: Wall lights, Chandeliers, Lamps and Table lamps and salt lamps
Interior lighting
Light objects
Decorative lights
Strings of lights for decorative purposes
Parts for the aforesaid goods included in this class.
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
Providing of subscriptions
Provision of commercial information
Organisation of events for commercial and advertising purposes
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Lace trim, Edgings and embroidery, Ribbons and bows as decorations, Clothing accessories, sewing articles and Decorative textile articles, Artificial fruit, artificial plants, Artificial flowers and Artificial vegetables
All of the aforementioned services not related to sports clothing, sports shoes and sports equipment
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Non-medical cosmetics and Toiletry preparations, Non-medicated dentifrices, Perfume, Essential oils, Fragrances, Textile perfuming preparations, Fragrances for use in the home, Reed diffusers and scented sachets, Scented wood, Potpourri, incenses, Refilling and filling for electrical scent dispensers, Aromatics for household purposes
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Pharmaceuticals, medical and veterinary preparations, Sanitary preparations for medical purposes, Disinfectants, Air deodorising and air purifying preparations, including the following goods: air fresheners
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, including the following goods: Audio apparatus, Audio installations, loudspeakers and Speakers, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Cables and electric couplings, including all of the aforesaid goods for use in relation to the following goods: Audio apparatus, Audio installations, loudspeakers and Speakers, Home automation systems and devices, Recorded and downloadable media, including in relation to the following fields: meditation, Media content, Software, Blank digital or analogue recording and storage media, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Surgical, medical, dental and veterinary apparatus and instruments, Crystals for therapeutic purposes
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Apparatus for lighting, Lighting instruments and Lighting and installations, Apparatus for heating purposes, Heating instruments and Heating installations, Steam generating apparatus, Steam generating instruments and Apparatus for steam generating purposes, Cooking apparatus, Cooking instruments and Cooking installations, Refrigerating apparatus, Refrigerating instruments and refrigerating apparatus, Apparatus for drying, Drying instruments and Drying installations, apparatus for ventilating, Ventilation instruments and Ventilation installations, Air conditioning apparatus, Air conditioning instruments and Air conditioning installations, Purifying apparatus, Purification instruments and clarifiers and apparatus for water supply, Water supply instruments and Water pipe installations, Sanitary installations, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Apparatus, equipment, installations and systems for treating, purifying, filtering, displacing, heating, cooling, drying, humidifying, dehumidifying, extracting and ventilating air, Including air purifiers, Electric dispensers for air fresheners, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Filters for industrial and household use, including the following goods: Air filters, Lighting equipment, Lighting and installations, Apparatus for lighting, Lamps, including the following goods: Fixtures, Pendulum lamps, Floor lights and table lamps and salt lamps, Interior lighting, Lighting objects, decorative lights, Strings of lights for decorative purposes, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Household or kitchen utensils and containers, Cookware and tableware, except forks, knives and spoons, servers, Candle holders, Candlesticks, Vases, Pots, Combs and spongers, Brushes (except paint brushes), Brush-making materials, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Articles for cleaning purposes, un-worked or semi-worked glass, Except glass used in building, Glassware, porcelain and earthenware, Including vases, Fragrance diffusers, Incense burners and holders, Parts for the aforesaid goods, included in this class
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: crystal ornaments, Cable boxes, objects of art, works of art, image, Ornaments and decorations, Made from the following materials: porcelain, Ceramics, earthenware or Glass, The aforesaid goods included in this class, Parts for the aforesaid goods, included in this class
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.