The trademark AIDI was filed by Aidi Pet Netherlands B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 14, 2021, and received one opposition filed on September 6, 2021 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2021
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, Ethereal oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Animal grooming preparations
Preparations and products for fur care
Bath preparations for animals, Including for dogs and cats
Shampoos for pets [non-medicated grooming preparations], Including for dogs and cats
Non-medicated dog lotions
Conditioning sprays for animals, Including for dogs and cats
Cloths and wipes impregnated with cosmetics for animals, including for dogs and cats
Dental care preparations for animals.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Sanitary preparations for vetinary purposes
Dietetic foodstuffs and dietetic substances adapted for medical or veterinary use
Dietary supplements for animals and Dietary supplements for animals, Including for dogs and cats
Complementary feed
Absorbent articles for personal hygiene for animals, including dogs and cats
Absorbent diapers of paper for pets
Animal repellent formulations, including the following goods: Repellents for dogs and Cat repellents
Animal washes [insecticides], including the following goods: Animal washes for dogs and cats (insecticides)
Animal flea collars, Flea sprays for animals and animal flea powder
Pharmaceutical preparations for animal skincare and Skin treatment for animals, including for dogs and cats
Dog lotions for veterinary purposes
Medicated dental care preparations for animals
Deodorants for animals and animal housing
Antibacterial and sterilising preparations for veterinary use.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins and hides
Whips, harness and saddlery
Collars, leads and clothing for animals, including the following goods: Collars for dogs, Leashes for dogs and Dog clothing, Collars for cats, Leads for cats and Clothing for cats
Dog bellybands
Dog carrying bags, Dog blankets and covers for dogs, Muzzles for dogs, Leads for dogs and Dog Harnesses
Rawhide chews for dogs
Trunks (luggage) and carrying bags
Umbrellas and parasols
Walking staffs
Parts, spare parts for all the aforesaid goods, Included in this class.
The mark was filed in class 20 with following description of goods:
Furniture
Animal houses, hutches for animals and Beds for animals
Cushions for animals
Non-metal crates for animal carrying and transportation
Dog kennels
Baskets for dogs and cats
Beds for dogs and cats and Mattresses for dogs and cats
Cat/dog flaps, not of metal or masonry
Stair gates, not of metal, namely Stair gates for animals Furniture
Dispensers for dog waste bags, fixed, not of metal
Containers, not of metal, for storage or transport
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber
Parts and components for the aforesaid goods, included in this class.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cooking and table utensils, other than knives, forks and spoons
Combs and sponges
Brushes
Material for brush-making
Cleaning articles
Unworked or semi-worked glass, except building glass
Glassware, chinaware, porcelain and earthenware
Mangers for animals and Drinking troughs, Including for dogs and cats
Drinking bottles, including the following goods: Drinking bottles for dogs and Drinking bottles for cats
Household containers, holders and pots for storing animal foodstuffs and pet treats
Dog food scoops
Brushes and combs for animal skins
Animal grooming gloves
Litter boxes for pets
Scoops for the disposal of pet waste
Parts and components for all the aforesaid goods (included in this class).
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Toys for animals
Toys for dogs
Toys for cats
Imitation bones being toys for dogs
Pet toys made of rope
Fetch toys
Playing balls for dogs
Gymnastic and sporting articles
Parts and components for the aforesaid goods, included in this class.
The mark was filed in class 31 with following description of goods:
Foodstuffs and beverages for animals
Foodstuffs for dogs
Foodstuffs for cats
Animal treats, sweets for animals, Biscuits for animals and Edible treats for animals
Pet foods in the form of chews
Bones and chewing bones for dogs
Animal feed preparations
Litter for animal cages and crates
Cat litter and Cat litter
Unprepared and unprocessed agricultural, aquacultural, horticultural and forestry products
Unprepared and unprocessed cereals and seeds
Fresh fruits, vegetables and herbs
Natural plants and flowers
Flower bulbs, seedlings and plant seeds
Live animals
Malt.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing
Market canvassing, market research and market analysis
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following fields: Non-medicated cosmetics and toiletry preparations, Non-medicated dentifrices, Perfume, Essential oils, Bleaching preparations and other substances for laundry use, Cleaning, polishing, scouring and abrasive preparations, Animal grooming preparations, Preparations and products for fur care, Bath preparations for animals, Including for dogs and cats, Shampoos for animals, Including for dogs and cats, Non-medicated dog lotions, Care sprays for animals, Including for dogs and cats, Cloths and wipes impregnated with cosmetics for animals, Including for dogs and cats, Dental care preparations for animals
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing Relating to the following goods: pharmaceuticals, medical and veterinary preparations, hygienic preparations for veterinary use, Dietetic food and substances adapted for medical or veterinary use, Dietary and nutritional supplements for animals, Including for dogs and cats, Supplementary feed, Absorbent articles for personal hygiene for animals, Including dogs and cats, Absorbent napkins of paper for pets, Animal repellent formulations, Including for dogs and cats, animal washes, Including for dogs and cats (insecticides), Animal flea collars, Flea sprays for animals and Powders for killing fleas for animals, pharmaceutical skin care preparations and Skin-treatment preparations for animals, Including for dogs and cats, Dog lotions, Medicated dental care preparations for animals, Deodorants for animals and animal accommodation, Antibacterial and sterilising preparations for veterinary use
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: leather and Leather (imitation), Animal skins and hides, Whips, Harness and saddlery, Collars, Leads and clothing for animals, Including for dogs and cats, Dog bellybands, carrier bags, Bed blankets and Decks, Muzzles, Straps and harnesses for dogs, rawhide chews for dogs, Trunks and carrying bags, Umbrellas, parasols and walking sticks
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Furniture, houses, kennels and beds for animals, Cushions for animals, Non-metal crates for animal carrying and transportation, dog houses, cat baskets and dog baskets, Dog beds and Dogs mattresses and Beds for cats, Cat mats, dog and cat flaps, not of metal or masonry, non-metal safety gates for animals Furniture, dispensers for dog waste bags, fixed, not of metal, Containers, not of metal, for storage or transport, Unworked or semi-worked bone, horn, whalebone or mother-of-pearl, shells, meerschaum, yellow amber
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, Kitchen and table utensils, Other than table forks, Knives and spoons, Combs and spongers, Brushes (except paint brushes), Brush-making materials, articles for cleaning purposes, un-worked or semi-worked glass, Except glass used in building, Glassware, Porcelain ware and earthware, Articles for animals, Including for dogs and cats, Food and drink bowls for animals, Including for dogs and cats, drinking bottles, Including for dogs and cats, Household containers, holders and pots for storing animal foodstuffs and pet treats, Dog food scoops, Fur brushes and combs for animals, Animal grooming gloves, Toilets for animals, Scoops and bags for the pet waste disposal
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: games, Toys and Toys, toys for animals, dog toys, Cat toys, imitation bones being playthings for dogs, Pet toys made of rope, Fetch toys, playing balls for dogs, Gymnastic and sporting articles
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: food and drink for animals, Food for dogs, Food for cats, Snack foods for animals, sweets for animals, Animal biscuits and Edible treats for animals, Food for pets in the form of chews, Bones and chewing bones for dogs, Foodstuffs for animals, Litter for animal cages and crates, Cat litter and Cat litter, Unprepared and unprocessed agricultural, Unprepared and unprocessed cereals and seeds, Fresh fruits, Vegetables and herbs, Natural plants and flowers, Flower bulbs, seedlings and plant seeds, Live animals, Malt
Arranging of events and meetings for promotional, advertising and/or commercial purposes
Provision of commercial information
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.