The trademark MAT MARS was filed by MAT MARS s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on March 8, 2021, and received one opposition filed on May 16, 2021 by Evertz Pharma GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by FREISCHEM & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Spectacles
Sunglasses
Contact lenses
Information technology and audio-visual, multimedia and photographic devices
Information technology and audiovisual equipment
Recorded content
Software
Application software
Web application and server software.
The mark was filed in class 14 with following description of goods:
Jewellery
Gemstones, pearls and precious metals, and imitations thereof
Time instruments
Ornaments, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Clothing ornaments of precious metals
Dress ornaments in the nature of jewellery
Statues and figurines, made of or coated with precious or semi-precious metals or stones, or imitations thereof
Jewellery boxes and watch boxes
Key rings and key chains, and charms therefor.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Disposable napkins
Paper doilies
Banners of paper
Handkerchiefs of paper
Paper tissues for cosmetic use
Make-up pads of paper for removing make-up
Decorative paper centerpieces
Towels of paper
Paper wipes
Toilet paper
Printed matter, and stationery and educational supplies
Printing and bookbinding equipment
Books
Magazines [periodicals]
Periodicals
Date indicators
Photographic albums
Educational equipment
Writing and stamping implements
Correcting and erasing implements
Decoration and art materials and media
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics.
The mark was filed in class 18 with following description of goods:
Umbrellas and parasols
Luggage, bags, wallets and other carriers
Rucksacks
Suitcases
Ladies' handbags
Leathercloth
Trimmings of leather for furniture
Furniture coverings of leather
Leather luggage straps
Fur
Leather and imitations of leather
Leather, unworked or semi-worked
Faux fur
Walking staffs
Make-up boxes
Travel garment covers
Key cases
Vanity cases, not fitted
Cosmetic purses
Hat boxes for travel
Folio cases.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Beds, bedding, mattresses, pillows and cushions
Slatted bases for beds
Frames
Mirrors (silvered glass)
Indoor blinds, and fittings for curtains and indoor blinds
Clothes hangers, clothes stands [furniture] and clothes hooks
Bathroom furniture
Office furniture
Furniture for children
Furniture for kitchens
Flower-stands [furniture]
Upholstered furniture
Sofas
Dining room tables
Conference tables
Seats
Furniture cabinets
Showshelves
Shoe cabinets
Screens [furniture]
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Wooden pallets
Wood crates
Crates (Non-metallic -)
Loading pallets, not of metal
Furniture partitions of wood
Screwed rods, not of metal
Portable boxes [containers] of wood.
The mark was filed in class 21 with following description of goods:
Cosmetic, hygiene and beauty care utensils
Hair combs
Dental cleaning articles
Toothbrushes
Articles for the care of clothing and footwear
Racks for cosmetics
Bathroom glass holder
Soap brackets
Rails for towels, not of precious metal
Toilet paper holders
Boxes for dispensing paper towels
Soap dispensers
Toilet paper dispensers
Dispensers for liquids for use with bottles
Shampoo dispensers
Towel baskets
Dispensers for cosmetics
Towel racks
Bathroom basins [receptacles]
Water closet brush holders
Tableware, cookware and containers
Glasses, drinking vessels and barware
Household utensils for cleaning, brushes and brush-making materials
Toilet and bathroom cleaning utensils
Dustbins
Air fragrancing apparatus
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class.
The mark was filed in class 24 with following description of goods:
Cloth
Fabrics
Textile goods, and substitutes for textile goods
Curtains
Coverings for furniture
Wall hangings
Labels of textile
Kitchen and table linens
Bed linen and blankets
Bath linen.
The mark was filed in class 25 with following description of goods:
Clothing
Underwear and nightwear
Bathing suits
Dressing gowns
Sleepsuits
Stockings
Socks
Knee highs
Evening wear
Wedding dresses
Men's suits
Sportswear
Shoes
Sports shoes
Slippers
Rain boots
Children's wear
Infants' footwear
Babies' outerclothing
Millinery
Parts of clothing, footwear and headgear
Waist belts
Suspenders
Neckties
Bandanas [neckerchiefs]
Shawls
Gloves [clothing].
The mark was filed in class 26 with following description of goods:
Accessories for apparel, sewing articles and decorative textile articles
Charms, other than for jewellery, key rings or key chains
Artificial flowers
Hair ornaments, hair rollers, hair fastening articles, and false hair.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Trade show and commercial exhibition services
Product demonstrations and product display services
Fashion show exhibitions for commercial purposes
Public relations services
Distribution of advertising, marketing and promotional material
Providing business information via a web site
Presentation of goods on communication media, for retail purposes
Retail store services in the field of clothing
Wholesale services in relation to jewellery
Wholesale services in relation to furniture
Retail services in relation to clothing
Retail services in relation to luggage
Wholesale services in relation to umbrellas
Retail services in relation to furniture
Wholesale services in relation to luggage
Wholesale services in relation to clothing
Wholesale services in relation to tableware
Retail services in relation to fabrics
Retail services in relation to jewellery
Retail services in relation to tableware
Retail services in relation to umbrellas
Wholesale services in relation to footwear
Retail services in relation to footwear
Sales promotion
Sales management services
Wholesale services in relation to toiletries
Retail services in relation to cleaning articles
Retail services in relation to headgear
Wholesale services in relation to stationery supplies
Wholesale services in relation to cleaning preparations
Wholesale services in relation to fragrancing preparations
Retail services in relation to stationery supplies
Wholesale services in relation to headgear
Wholesale services in relation to sewing articles
Wholesale services in relation to cleaning articles
Retail services in relation to toiletries
Wholesale services in relation to cookware
Retail services in relation to sewing articles
Retail services in relation to cleaning preparations
Retail services in relation to cookware
Wholesale services in relation to audio-visual equipment
Business management of retail outlets
Business management of wholesale outlets
Wholesale services in relation to furnishings
Retail services in relation to furnishings
Retail services in relation to cups and glasses
Wholesale services in relation to cups and glasses
Mail order retail services for clothing
Sales demonstration [for others]
Advertising services relating to the sale of goods
Wholesale services in relation to information technology equipment
Retail services in relation to information technology equipment
Retail services in relation to hygienic implements for humans
Modelling for advertising or sales promotion
Online retail store services relating to cosmetic and beauty products
Retail services connected with the sale of clothing and clothing accessories
Wholesale services in relation to beauty implements for humans
Retail services in relation to beauty implements for humans.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Organisation of conferences, exhibitions and competitions
Organising of entertainment
Organisation of parties
Audio, video and multimedia production, and photography
Live performance services
Translation and interpretation
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Organization of fashion shows for entertainment purposes