The trademark PETLUX was filed by E-Columbus B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 1, 2022, and received one opposition filed on January 30, 2023 by THUN SPA on Likelihood of confusion. the opponent was represented by ADEXE SRL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 30, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003189532 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 2, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Air purifying apparatus for pets
Apparatus for filtering drinking water
Apparatus for supplying water to pets
Apparatus for supplying water to felidae
Water-dispensing devices for pets
Water fountains for pets
Water fountains for cats
Filters for drinking water
Filters for drinking-water dispensers for animals, cats and pets
Dust cyclone filters
Filters for air purifiers
Parts of the aforesaid goods included in this class.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter, including the following products: Books, Magazines, brochures and Printed advertising material
Paper and plastic packaging materials
Refuse bags of plastic and paper
Cat box liners in the form of plastic bags
Plastic bags for pet waste disposal
Scoops made of card for the disposal of pet excrement.
The mark was filed in class 20 with following description of goods:
Furniture for animals
Animal housing and beds
Beds for animals
Beds for household pets
Kennels for household pets
Carrying boxes for household pets
Pet cushions
Mattresses
Baskets for animals
Travelling baskets for animals, Non-metal plates
Sleeping baskets, non-metallic, for domestic animals
Cat baskets
Scratching posts for cats
Nesting boxes for household pets
Playhouses for pets
Cat houses
Grooming tables for pets
Cat/dog flaps not of metal or masonry
Parts for the aforesaid goods, included in the class.
The mark was filed in class 21 with following description of goods:
Dustbins
Cleaning articles
Dispensers for refuse bags
Cat litter pans
Automatic litter boxes for pets
Filters for use in cat litter pans
Litter boxes for pets
Cages for household pets and Wire cages for household pets
Fur brushes for animals
Brushes for pets
Brushes for pets
Combs and sponges
Combs for use on domestic animals
Electric pet combs
Drinking troughs
Drinking containers for pets
Pet drinking bowls and Waterers for pets
Mugs
Mangers for animals
Food-dispensing apparatus for pets
Electronic pet feeders
Animal activated animal feeders
Pet feeding bowls
Pet food scoops
Litter scoops for use with pet animals
Scoops for the disposal of animals excrement
Holders for storing refuse bags for use with pets
Containers for storing pet food
Glassware, chinaware, porcelain and earthenware
Toothbrushes for pets
Pet grooming glove
Parts for the aforesaid goods, included in this class.
The mark was filed in class 28 with following description of goods:
Toys
Toys for pets
Training articles for pets
Sports equipment for pets
Exercise wheels for cats
Parts for the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration and organisation services
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business management
Business organisation, business communication, business strategy, business economic and business administration consultancy
Provision of commercial information
Market canvassing, market research and market analysis
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, Including via an online shop, in relation to the following goods: Apparatus for lighting, Apparatus for heating purposes, Steam generating apparatus, Cooking apparatus, Refrigerating apparatus, Apparatus for drying, apparatus for ventilating and apparatus for water supply and Sanitary installations, Air purifying apparatus for pets, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Apparatus for filtering drinking water, Apparatus for supplying water to pets and cats, water-dispensing devices for pets, Water fountains for pets, Water fountains for cats, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Filters for drinking water, Filters for drinking-water dispensers for animals, cats and pets, dust cyclone filters, Filters for air purifiers, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Paper, Cardboard, printed matter, including the following goods: Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Magazines, brochures and Printed publicity materials and Wrapping materials of paper and Being made of plastic
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing, Including via an online shop, in relation to the following goods: trash bags of paper and Being made of plastic, Cat box liners in the form of plastic bags, Plastic bags for pet waste disposal, Scoops made of card for the disposal of pet excrement
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Furniture for animals, Beds and enclosures for animals, Beds for animals, Beds for household pets, Kennels, Portable kennels for household pets, Cushions for household pets, Mattresses, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Baskets for animals, Travelling baskets for animals, not of metal, Sleeping baskets, not of metal, for pets, cat baskets, Scratch posts for cats, Nesting boxes for household pets, playhouses for pets, Cat houses, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, Including via an online shop, in relation to the following goods: Grooming tables for pets, Cat/dog flaps not of metal or masonry, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: trash cans, Articles for cleaning purposes, Refuse bag dispensers, Litter boxes, automatic litter boxes for pets, Filters for use in cat litter trays, Toilets for animals, Cages for household pets and Wire cages for household pets, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Fur brushes for animals, Brushes for grooming pet animals, Brushes for pets, Combs and spongers, Pet combs, Electric combs for use on domestic animals, Drinking troughs, Water dishes for pets, Pet drinking bows, Drinking bowls for pets, Mugs, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Mangers for animals, Food-dispensing apparatus for pets, electronic pet feeders, Animal-activated feeders, Feeding vessels for pets, Pet food scoops, Litter scoops for use with pet animals, Scoops for removing pet excrement, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Holders for storing refuse bags for use with pets, Containers for storing pet food, Glassware, porcelain and earthenware, Toothbrushes for pets, Pet grooming gloves, Parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing, including via online shops, in relation to the following goods: Toys, Toys and games for domestic pets, Articles for training pets, Pet sports equipment, Exercise wheels for cats, Parts for the aforesaid goods
Organisation of events for commercial and advertising purposes
Compiling, managing and processing data files
Consultancy and information regarding the aforesaid services
Including the aforesaid services being provided via electronic networks, including the internet.