The trademark VELVETVELO was filed by VELVETVELO, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 14, 2023, and received one opposition filed on September 14, 2023 by Velvet Care Sp. z o.o. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SOŁTYSIŃSKI KAWECKI & SZLĘZAK - KANCELARIA RADCÓW PRAWNYCH I ADWOKATÓW and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2023
The application was filed in French, and French 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:
Perfumes
Massage candles for cosmetic purposes
Sun-tanning preparations [cosmetics]
Perfumery, namely Antiperspirants [toiletries]
Toilet water
Sunscreen preparations.
The mark was filed in class 5 with following description of goods:
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for humans and animals
Dietary supplements as supplements for a normal diet or as health supplements
Meal replacements
Dietetic food and beverages adapted for medical or veterinary use
Alcohol for pharmaceutical purposes
Medicinal alcohol
Sunburn ointments
Cedar wood for use as an insect repellent
Dietetic beverages adapted for medical purposes
Medicinal mud
Bracelets impregnated with insect repellent
Preparations for the treatment of burns
Cannabidiol for medical use
Acai powder dietary supplements
Dietary supplements with a cosmetic effect
Albumin dietary supplements
Alginate dietary supplements
Enzyme dietary supplements
Linseed dietary supplements and Linseed oil dietary supplements
Casein dietary supplements
Royal jelly dietary supplements
Wheat germ dietary supplements
Glucose dietary supplements
Lecithin dietary supplements
Yeast dietary supplements
Pollen dietary supplements
Propolis dietary supplements
Protein dietary supplements
Brewer's yeast dietary supplements
Whey protein dietary supplements
Mineral dietary supplements
Nutritional supplements
Dietetic substances adapted for medical use
Melissa water for pharmaceutical purposes
Sea water for medicinal bathing
Mineral waters for medical purposes
Thermal water
Plant extracts for medical or pharmaceutical use
Dietary fibre
Royal jelly for pharmaceutical purposes
Gum for medical purposes
Smoking herbs for medical purposes
Medicinal herbs
Medicinal infusions
Nutraceutical preparations for therapeutic or medical purposes
Preparations of vitamins and trace elements for human consumption and Preparations of trace elements or vitamins for animal use
Jujube, medicated
Antioxidant pills
Tanning pills
Appetite suppressant pills
Propolis for pharmaceutical purposes
Mineral water salts
Medicinal tea
Herbal teas for medicinal purposes
Medicated toiletry preparations
Antiparasitic collars for animals.
The mark was filed in class 9 with following description of goods:
Scientific, navigation apparatus and instruments, Photographic apparatus and instruments, Measuring apparatus and instruments, Signalling apparatus and instruments, Detecting apparatus and instruments, Testing apparatus and instruments, Inspecting apparatus and instruments, Life-saving apparatus and instruments
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Computers and computer peripherals
Diving suits
Divers' masks
Ear plugs for divers
Nose clips for divers and swimmers
Pince-nez
Gloves for divers
Snorkels
Weight belts for divers
Diving suits/ Diving suits
Breathing apparatus for underwater swimming
Mannequins for rescue exercises
Apparatus and instruments for use in control and surveillance of water vehicles namely Navigational instruments, Global positioning system apparatus, Steering apparatus, automatic, for vehicles
Salvage apparatus and instruments and Security apparatus and instruments namely Safety nets, Signs, luminous, Acoustic alarms
Smartwatches
Wearable activity trackers
Alarm systems
Computer software applications, downloadable
Smart rings
Beacons, luminous
Life buoys
Signalling buoys
Directional compasses
Measuring instruments, namely connected bracelets
Decompression chambers
Cinematographic cameras, namely Film cameras
Lifeboats
Life belts
Marine compasses
Life jackets
Water level indicators
Signal lanterns
Optical products, namely Spectacles
Anti-glare glasses
Sunglasses
Goggles for sports
Smartglasses
Pressure gauges
Depth gauges
Pressure measuring apparatus
Nautical apparatus and instruments
Navigational instruments
Computers
Smartphones
Life-saving rafts
Life saving apparatus and equipment/ Life saving apparatus and equipment
Naval signalling apparatus
Fog signals, non-explosive
Marine depth finders
Tablet computers
Walkie-talkies
Telescopes/ Spotting scopes.
The mark was filed in class 12 with following description of goods:
Apparatus for locomotion by land, air or water
Boats
Air cushion vehicles
Oars
Bicycles
Electric bicycles
Bicycle kickstands
Bicycle frames
Bicycle chains
Gears for bicycles
Bicycle brakes
Bicycle mudguards
Bicycle handlebars
Saddle covers for bicycles
Rims for bicycle wheels
Bicycle cranks
Bicycle motors
Hubs for bicycle wheels
Dress guards for bicycles
Bicycle pedals
Bicycle tyres
Tubeless tyres for bicycles
Pumps for bicycle tyres
Spokes for bicycle wheels
Bicycle trailers
Trailers for transporting bicycles
Bicycle wheels
Saddlebags adapted for bicycles
Bicycle saddles
Bicycle bells
Repair outfits for inner tubes
Canoes
Launches
Diving bells
Camera drones
Rescue boats
Self-balancing scooters
Self-balancing electric unicycles
Hydroplanes
Ships
Paddles for canoes
Self-balancing boards
Water scooters [personal watercraft]
Tricycles
Vehicles, namely Push scooters
Amphibious vehicles
Water vehicles
Autonomous underwater vehicles for seabed inspections
Snow-going vehicles
Sailboats
Yachts
Ski carriers for cars.
The mark was filed in class 18 with following description of goods:
Luggage and carrying bags
Umbrellas
Suitcases
Trunks [luggage]
Travelling bags
School bags
Holders for credit cards or business cards
Pocket wallets
Mountaineering sticks
Shoulder belts [straps] of leather
Purses
Wheeled shopping bags
Travelling trunks
Vanity cases, not fitted
Collars for animals, not electronic nor antiparasitic
Conference folders
Key cases
Bags for umbrellas
Game bags [hunting accessories]
Clothing for pets
Harness for animals
Haversacks
Saddlery
Leather leashes
Valises
Muzzles
Sling bags for carrying infants
Tool bags, empty
Bags of leather for packaging
Rucksacks
Handbags
Bags for climbers
Bags for campers
Beach bags
Sports bags other than for golf
Backpacks for carrying infants
Garment bags for travel
Girths of leather
Briefcases
Leatherware, namely travel kits, not fitted or Toilet bags, not fitted.
The mark was filed in class 21 with following description of goods:
Drinking bottles
Bottles
Insulating flasks
Refrigerating bottles
Shaving brushes
Bowls [basins]
Perfume burners
Deodorizing apparatus for personal use
Hip flasks
Mess-tins
Candle jars [holders]
Thermally insulated containers for foods and beverages
Isothermic bags
Tea services [tableware]
Perfume vaporizers.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Sportswear and Casual footwear
Clothing namely Headbands and Ear muffs [clothing]
Neck scarves [mufflers]
Pants
Bathing trunks
Skull caps
Belts for clothing
Money belts [clothing]
Sweaters
Hats
Socks
Sweat-absorbent socks
Bath slippers
Beach shoes
Ski boots
Cycling shoes
Shirts
Tights
Underclothing, namely Coverups
Clothing, namely combinations
Wetsuits for water-skiing
Beach clothes
Breeches for wear
Sports singlets
Espadrilles
Scarves, sashes for wear
Clothing, namely Gloves [clothing]
Ski gloves
Cycling gloves
Waistcoats
Cyclists' clothing
Leotards
Trousers, namely Leggings (trousers)
Bathing suits
Sports jerseys
Rash guards, namely, Rashguards
Trousers
Bath sandals
Underwear
Sweat-absorbent underwear
Sportswear incorporating digital sensors.
The mark was filed in class 28 with following description of goods:
Sporting articles
Skis
Ski sticks
Ski sticks for roller skis
Stationary exercise bicycles
Bob-sleighs
Bodyboards
Water wings
Edges of skis
Swimming belts
Kites
Ski bindings
Sporting articles, namely Harpoon guns
Swimming jackets
Bags especially designed for surfboards
Bags especially designed for skis
Surf skis
Webbed gloves for swimming/ Webbed gloves for swimming