The trademark PAD & PLAY was filed by Mypado GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 24, 2022, and received one opposition filed on December 15, 2022 by Rossmann, Michael on Likelihood of confusion. the opponent was represented by Hauck, Andreas and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003185698 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 25, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 20 with following description of goods:
Seat covers [shaped] for furniture
Upholstered convertible furniture
Beds
Beds, bedding, mattresses, pillows and cushions
Bedding, except linen
Footrests
Cushions
Bed bases
Mattresses
Mattress toppers
Integrated furniture
Furniture and furnishings
Furniture moldings
Upholstered furniture
Racks [furniture]
Sofas
Sectional non-metallic units [furniture]
Composable furniture.
The mark was filed in class 24 with following description of goods:
Bed clothes and blankets
Bed linen and blankets
Household textile articles
Linens
Ticks [mattress covers]
Pillow shams
Upholstery fabrics
Coverings for furniture
Protective loose covers for mattresses and furniture
Textile fabric piece goods for the manufacture of upholstered furniture
Textile goods, and substitutes for textile goods.
The mark was filed in class 35 with following description of goods:
Provision of an online marketplace for buyers and sellers of goods and services
Provision of information and advisory services relating to e-commerce
Purchasing services
Retail services in relation to furnishings
Retail services in relation to fabrics
Retail services relating to home textiles
Retail services in relation to furniture
Wholesale services in relation to furnishings
Wholesale services in relation to fabrics
Wholesale services in relation to furniture
Publication of publicity texts
Providing consumer product advice
Online ordering services
Online advertisements
Product demonstrations and product display services
Writing of publicity texts
Negotiation and conclusion of commercial transactions for third parties