The trademark DecoSence was filed by BBS Industrie B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 26, 2023, and received one opposition filed on July 26, 2023 by Wacoal EMEA Ltd on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mathys & Squire Europe Patentanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on May 23, 2023.
Goods And Services
The mark was filed in class 11 with following description of goods:
Cooking, heating, cooling and preservation equipment, for food and beverages
Kettles
Ventilating fans
Room air conditioners
Lighting apparatus
Lighting armatures
Decorative lighting sets
Personal heating and drying implements
Garden lighting
Solar lamps
Kettles, electric
Electric blankets.
The mark was filed in class 20 with Beds, mattresses, pillows and cushions and Soft furnishings [cushions]..
The mark was filed in class 24 with following description of goods:
Bed blankets
Bed blankets and Lap rugs Of imitation fur
Weighted blankets
Lap rugs
Kitchen and table linens
Household textile articles
Bath linen
Bed clothes and Pillow shams
Beach towels
Cushion covering materials
Pillowcases.
The mark was filed in class 25 with following description of goods:
Clothing
Hats
Footwear
Bath robes
Blankets with sleeves, namely, Clothing
Caps being headwear
Scarves and neckties
Gloves and mittens
Toe socks
Strap and dress belts
None of the aforementioned in respect of lingerie, hosiery, beachwear and swimwear.