The trademark W was filed by WERNS GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 13, 2022, and received one opposition filed on May 11, 2022 by Wolf and Sun, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BERMEJO & JACOBSEN PATENTES-MARCAS S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 11, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Luminaires
Parts for lights
Fittings for lamps
Light fixings
Apparatus for lighting and lighting devices
Electric lamps for lighting
Sockets for light sources
LED luminaires
Decorative lights
Downlights
Table lamps
Standard lights
Wall lights.
The mark was filed in class 14 with following description of goods:
Ornaments [jewellery, jewelry (Am.)]
Jewels
Key rings and key chains, and charms therefor
Key rings [split rings with trinket or decorative fob]
Time instruments
Clocks
Wall clocks
Jewellery boxes and watch boxes.
The mark was filed in class 18 with following description of goods:
Fur
Travelling sets [leatherware]
Travelling sets [leatherware]
Briefcases [leather goods]
Lashes, Bags, Key cases and/or Tins Of imitation leather
Animal skins.
The mark was filed in class 20 with Items of furniture and Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class..
The mark was filed in class 21 with following description of goods:
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Flower pots
Flower pots.
The mark was filed in class 24 with following description of goods:
Textile goods, and substitutes for textile goods
Coverings for furniture
Curtains
Wall hangings
Linens
Kitchen and table linens
Bed linen and blankets
Bath linen.
The mark was filed in class 26 with Artificial fruit, flowers and vegetables.
The mark was filed in class 27 with following description of goods:
Floor coverings and artificial ground coverings
Carpets, rugs and mats
Wall and ceiling coverings
Wallpaper.
The mark was filed in class 28 with Festive decorations, party novelties and artificial Christmas trees and Decorations for Christmas trees..
The mark was filed in class 35 with following description of goods:
Retail services, in relation to the following goods: Lights, Lighting parts, Lighting accessories, Light fixings, Apparatus for lighting and lighting devices, Electric lamps for lighting, lamp holders for light sources, LED lights, Design lighting, Ceiling lights, Table lamps, Standard lamps, Walls lights
Retail services, in relation to the following goods: Jewellery, jeweler goods, Key rings and key chains, and charms therefor, key tags, time keeping devices, Clocks, Clocks, Jewellery boxes and watch boxes
Retail services, in relation to the following goods: fixtures, Statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic
Retail services, in relation to the following goods: Statues, figurines, signs and works of art made from materials including porcelain, ceramic, earthenware and glass, Gardening articles, Pots for growing plants, Flower pots
Retail services, in relation to the following goods: textile products and Substitutes for fabrics, Furniture covers, Curtains, Wall hangings, Household linen, Kitchen linen and tablecloths, bed clothes and blankets and Bath linen
Retail services in relation to artificial fruit, flowers and vegetables
Retail services, in relation to the following goods: Floorcoverings for existing floors and Artificial ground coverings, Mats, Rugs and door mats, Wall coverings, ceiling coverings, Wall hangings
Retail services, in relation to the following goods: Novelty toys for playing jokes for parties and festive decorations and artificial Christmas trees and Decorations for Christmas trees
Retail services, in relation to the following goods: leather and imitation leather, Fur and pelts, Animal skins
Online mail order relating to lights, parts for lights, lighting accessories, light fixings, lighting devices and lighting apparatus, electric lamps for lighting, lamp holders for light sources, LED lights, decorative lights, ceiling lights, table lamps, standard lights, wall lights
Online mail order services, in relation to the following goods: Jewellery, jeweler goods, Key rings and key chains, and charms therefor, key tags, time keeping devices, Clocks, Clocks, Jewellery boxes and watch boxes
Online retailing relating to furniture, statues, figurines and works of art and ornaments and decorations of materials including wood, wax, plaster or plastic
Online mail order services, in relation to the following goods: Statues, figurines, signs and works of art made from materials including porcelain, ceramic, earthenware and glass, Gardening articles, Pots for growing plants, Flower pots
Online mail order services, in relation to the following goods: textile products and Substitutes for fabrics, Furniture covers, Curtains, Wall hangings, Household linen, Kitchen linen and tablecloths, bed clothes and blankets and Bath linen
Online mail order services, in relation to the following goods: Artificial fruit, Artificial flowers, Artificial vegetables
Online mail order services, in relation to the following goods: Floorcoverings for existing floors and Artificial ground coverings, Mats, Rugs and door mats, Wall coverings, ceiling coverings, Wall hangings
Online mail order services, in relation to the following goods: Novelty toys for playing jokes for parties and festive decorations and artificial Christmas trees and Decorations for Christmas trees
Online mail order services, in relation to the following goods: leather and imitation leather, Fur and pelts, Animal skins
Wholesaling services, in relation to the following goods: Lights, Lighting parts, Lighting accessories, Light fixings, Apparatus for lighting and lighting devices, Electric lamps for lighting, lamp holders for light sources, LED lights, Design lighting, Ceiling lights, Table lamps, Standard lamps, Walls lights
Wholesaling services, in relation to the following goods: Jewellery, jeweler goods, Key rings and key chains, and charms therefor, key tags, Chronometric instruments, clocks and watches, Clocks, Jewellery boxes and watch boxes
Wholesaling services, in relation to the following goods: fixtures, Statues, figurines and works of art, and ornaments and decorations of materials including wood, wax, plaster or plastic
Wholesaling services, in relation to the following goods: Statues, figurines, signs and works of art made from materials including porcelain, ceramic, earthenware and glass, Gardening articles, Pots for growing plants, Flower pots
Wholesaling services, in relation to the following goods: textile products and Substitutes for fabrics, Furniture covers, Curtains, Wall hangings, Household linen, Kitchen linen and tablecloths, bed clothes and blankets and Bath linen
Wholesale services in relation to artificial fruit, flowers and vegetables
Wholesaling services, in relation to the following goods: Floorcoverings for existing floors and Artificial ground coverings, Mats, Rugs and door mats, Wall coverings, ceiling coverings, Wall hangings
Wholesaling services, in relation to the following goods: Novelty toys for playing jokes for parties and festive decorations and artificial Christmas trees, Decorations for Christmas trees
Wholesaling services, in relation to the following goods: leather and imitation leather, Fur and pelts, Animal skins.