The trademark RELAXY was filed by ZLEEPMATE, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on February 13, 2023, and received one opposition filed on May 14, 2023 by INDUSTRIAS RELAX, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2023
The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 20 with following description of goods:
Cushions
Nap mats [cushions or mattresses]
Cushions (upholstery)
Pillows filled with silk
U-shaped pillows
Latex pillows
Bean bag pillows
Bedding, except linen
Bumper guards for cots, other than bed linen.
The mark was filed in class 24 with following description of goods:
Pillowcases
Covers for eiderdown and duvets
Duvets
Duvets filled with goose feathers
Bed clothes and blankets
Bed linen and blankets
Bed covers
Bed linen made of non-woven textile material
Cot bumpers [bed linen]
Tick [linen]
Diapered linen
Linens
Towels of textile
Textile piece goods for making bedding covers
Bed canopies
Textile goods for use as bedding
Table covers of damask
Table napkins of textile
Oilcloth for use as tablecloths
Curtains of textile or plastic
Table runners of textile
Shower curtains of textile or plastic
Quilts of textile.
The mark was filed in class 35 with following description of goods:
Retail services in relation to educational supplies
Wholesale services in relation to cleaning articles
Wholesale services in relation to heating equipment
Wholesale services in relation to water supply equipment
Wholesale services in relation to cleaning preparations
Wholesale services in relation to sewing articles
Wholesale services in relation to festive decorations
Wholesale services in relation to earthmoving equipment
Wholesale services in relation to stationery supplies
Wholesale services in relation to horticulture products
Wholesale services in relation to sporting articles
Wholesale services in relation to art materials
Wholesale services in relation to cooling equipment
Wholesale services in relation to agricultural equipment
Wholesale services in relation to navigation devices
Wholesale services in relation to computer hardware
Wholesale services in relation to computer software
Wholesale services in relation to kitchen appliances
Wholesale services in relation to dairy products
Wholesale services in relation to confectionery
Wholesale services in relation to educational supplies
Retail services in relation to water supply equipment
Retail services in relation to cleaning articles
Retail services in relation to heating equipment
Retail services in relation to time instruments
Retail services in relation to clothing accessories
Retail services in relation to cleaning preparations
Retail services in relation to disposable paper products
Retail services relating to bakery products
Retail services connected with stationery
Retail services in relation to sun tanning appliances
Retail services in relation to festive decorations
Retail services in relation to sewing articles
Retail services relating to delicatessen products
Retail services in relation to horticulture products
Retail services in relation to earthmoving equipment
Retail services in relation to stationery supplies