The trademark KAFLANDO was filed by Dariusz Lepa, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 29, 2022, and received one opposition filed on November 17, 2022 by Kaufland Dienstleistung GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SDP D.Sierżant K.Dudziński sp.k. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 17, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003183412 was refused according to Article 8(1)(b) EUTMR with decision issued on February 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 19 with following description of goods:
Earthenware tiles
Glazed ceramic tiles
Ceramic tiles for flooring and lining
Glazed ceramic floor tiles
Tiles of porcelain
Tiles
Ceramic tiles for external floors
Paving tiles
Ceramic tiles for internal floors
Ceramic wall tiles
Tiles of glass
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Building and construction materials and elements, not of metal
Building materials consisting of glass
Ceramic tiles for external walls
Ceramic tiles for internal walls
Terra-cotta floor tiles.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising and marketing
Administrative processing and organising of mail order services
Retail services in relation to building materials
Retail services in relation to art materials
Retail services in relation to sanitary installations
Sales management services
Wholesale services in relation to sanitary installations
Wholesale services in relation to sanitation equipment
Rental of advertising space on the internet
Business assistance, management and administrative services