The trademark M was filed by LM DESCANSO S.L.U, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on February 10, 2020, and received one opposition filed on April 22, 2020 by BANCO COMERCIAL PORTUGUÊS, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GASTÃO DA CUNHA FERREIRA, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 22, 2020
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 2, 2020. Change of name and professional address of the trademark registration was recorded on October 7, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 16, 2024. A transfer of the trademark registration was recorded on January 29, 2024.
The Refusal with reference B 018092795 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 10, 2019 by the EUIPO. The Opposition with reference B 003116740 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 27, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Cushions filled with fragrant substances
Scented wood
Potpourris [fragrances]
Aromatics for household purposes
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations.
The mark was filed in class 11 with following description of goods:
Decorative lights
Lamps
Outdoor lighting
Lighting and lighting reflectors
Sconces [electric light fixtures]
Portable lamps [for illumination]
Roof lights [lamps]
Humidifiers
Electric humidifiers for household use
Humidifiers [for household purposes]
Room humidifiers [apparatus].
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Stationery and office requisites (except furniture)
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paint brushes
Teaching materials [except apparatus]
Plastic sheets, film and bags for wrapping and packaging
Printers’ type, printing blocks
Prints [engravings]
Printed art reproductions
Books
Cases for stationery
Cardboard packaging boxes in collapsible form
Decoration and art materials and media.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Containers, not of metal, for storage or transport
Head-rests [furniture]
Bed heads
Bedside cabinets
Tables [furniture]
Dressing tables
Table centres [ornaments] made of wood
Bedside tables
Occasional tables
Tea carts
Dressers [furniture]
Sofas
Extendible sofas
Seats
Shelving units
Armchairs
Beds, mattresses
Spring assemblies (Non-metallic -) for incorporation into mattresses
Beds incorporating divan bases
Bed bases
Divan bases
Settees
Divan beds
Mattress bases
Slatted bases for beds
Bed bases
Picture frames
Decorative mirrors
Clothes hangers, clothes stands [furniture] and clothes hooks
Boxes of wood
Chests, not of metal
Locker boxes [furniture]
Chests
Hampers [baskets] for the transport of items.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes (except paintbrushes)
Articles of glassware, porcelain and earthenware
Vases
Porcelain articles for decorative purposes
Decorative plates
Works of art made of glass
Tea caddies
Waste paper baskets.
The mark was filed in class 24 with following description of goods:
Mattress covers
Coverings for furniture
Wall hangings
Cloth.
The mark was filed in class 25 with Sleep masks.
The mark was filed in class 27 with Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors and Wall hangings (non-textile)..
The mark was filed in class 30 with following description of goods:
Infusions, not medicinal
Aromatic preparations for making non-medicated infusions
Tea for infusions.
The mark was filed in class 35 with following description of goods:
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of cosmetics, perfumery and aromatic preparations for domestic use, scented candles, therapeutic nose clips for preventing snoring, apparatus for preventing snoring
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of pads for preventing snoring, lamps (lighting apparatus), lighting equipment and apparatus, humidifiers, paper and cardboard, printed matter, bookbinding material, photographs, sheets, books, stationery, furniture, mirrors, picture frames
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of containers, not of metal, for storage or transport, occasional tables, chests of drawers (furniture)
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of sofas, chairs, shelving units, armchairs, beds, mattresses, bed bases, divan beds, mattress bases, bed bases, picture frames, clothes hangers, clothes stands [furniture] and clothes hooks, boxes of wood, chests, not of metal, hampers [baskets]
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of household or kitchen utensils and containers, cookware and tableware, decorative objects made of glass and porcelain, vases
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of mattress covers, loose covers for furniture, tapestries, cloth
Wholesaling, retailing, sale via catalogue, radio, television and global computer networks of sleep masks, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings, not of textile, infusions, not medicinal, aromatic preparations for making non-medicated infusions, tea for infusions
Sales promotion
Sales promotion for others
Organization, operation and supervision of sales and promotional incentive schemes
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps
Advertising
Loyalty, incentive and bonus program services
Administrative loyalty card services
Organisation and management of customer loyalty programs
Customer loyalty services for commercial, promotional and/or advertising purposes.
The mark was filed in class 36 with Loan and credit, and lease-finance services.
The mark was filed in class 43 with following description of goods:
Rental of furniture, table settings and equipment for providing food and drink