The trademark DIVEX was filed by DIS DINO, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 10, 2020, and received one opposition filed on August 10, 2020 by Higi-Alcanede - Sistemas de Higiene, Lda. on (a) Likelihood of confusion, (b) Mark was filed without authorisation of proprietor. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 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 October 7, 2020.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Canned pressurized air for cleaning and dusting purposes
Ammonia [volatile alkali] [detergent]
Smoothing preparations [starching]
Starch for laundry purposes
Starch glaze for laundry purposes
Musk [perfumery]
Amber [perfume]
Laundry blue
Antistatic preparations for household purposes
Antiperspirants [toiletries]
Aromatics
Cake flavorings [essential oils]
Flavourings for beverages [essential oils]
Air fragrancing preparations
Astringents for cosmetic purposes
Color-brightening chemicals for household purposes [laundry]
Balms, other than for medical purposes
Baths (Cosmetic preparations for -)
Varnish-removing preparations
Shoe polish
Whiting
Leather bleaching preparations
Sachets for perfuming linen
Plants (Preparations to make shiny the leaves of -)
Shining preparations [polish]
Lip gloss
Sun blocking preparations [cosmetics]
Furbishing preparations
Hair-waving preparations
Silicon carbide [abrasive]
Carbides of metal [abrasives]
Eyebrow cosmetics
Volcanic ash for cleaning
Non-slipping wax for floors
Laundry wax
Tailors' wax
Shoemakers' wax
Wax (Depilatory -)
Shoe wax
Moustache wax
Floor wax
Polishing wax
Creams for leather
Shampoo
Dry shampoos
Shampoos for pets [non-medicated grooming preparations]
Preservatives for leather [polishes]
Corundum [abrasive]
Quillaia bark for washing
Cosmetics
Cosmetics for animals
Skin whitening creams
Cosmetic creams
Boot cream
Polishing creams
Skincare cosmetics
Floor wax removers [scouring preparations]
Scouring solutions
Bleaching preparations [decolorants] for cosmetic purposes
Depilatory preparations
Degreasers other than for use in manufacturing processes
Descaling preparations for household purposes
Make-up removing preparations
Deodorants for pets
Deodorants for human beings or for animals
Detergents, other than for use in manufacturing operations and for medical purposes
Diamantine [abrasive]
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Polish for furniture and flooring
Mouthwashes, not for medical purposes
Badian essence
Bergamot oil
Mint essence [essential oil]
Ethereal essences
Emery
Extracts of flowers [perfumes]
Flower perfumes (Bases for -)
Fumigation preparations [perfumes]
Dental bleaching gels
Massage gels, other than for medical purposes
Geraniol
Laundry glaze
Greases for cosmetic purposes
Cotton wool for cosmetic purposes
Heliotropine
Henna [cosmetic dye]
Cotton sticks for cosmetic purposes
Incense
Ionone [perfumery]
Shaving soap
Almond soap
Antiperspirant soap
Soap for foot perspiration
Disinfecting perfumed soaps
Deodorant soap
Soap for brightening textile
Petroleum jelly for cosmetic purposes
Nail polish
Hair spray
Lacquer-removing preparations
Breath freshening strips
Eyebrow pencils
Cosmetic pencils
Almond milk for cosmetic purposes
Cleansing milk for toilet purposes
Javelle water
Soda lye
Windshield cleaning liquids
Dentures (Preparations for cleaning -)
Dry-cleaning preparations
Cleaning preparations
Non-slipping liquids for floors
Hair lotion
After-shave lotions
Lotions for cosmetic purposes
Scented wood
Make-up
Make-up preparations
Mascara
Cosmetic masks
Mint for perfumery
Transfers (Decorative -) for cosmetic purposes
Cosmetic kits
Neutralizers for permanent waving
Cloths impregnated with a detergent for cleaning
Emery paper
Sandpaper
Polishing paper
Wallpaper cleaning preparations
Abrasive paper
Pastes for razor strops
Bar soap
Nail art stickers
Perfumery
Perfume
Hydrogen peroxide for cosmetic purposes
Cosmetics for eye-lashes
Eyelashes (False -)
Cobblers' wax
Pumice stone
Shaving stones [astringents]
Alum stones [astringents]
Polishing stones
Smoothing stones
Lipstick
Paint stripping preparations
Make-up powder
Pomades for cosmetic purposes
Potpourris [fragrances]
Laundry preparations
Sunscreen preparations
Aloe vera preparations for cosmetic purposes
Unblocking drain pipes (Preparations for -)
Laundry bleach
Rust removers
Denture polishes
Polishing preparations
Stain removing preparations
Laundry soaking preparations
Jewellers' rouge
Safrol
Bleaching salts
Bath salts, not for medical purposes
Washing soda, for cleaning
Bleaching soda
Fabric softener for laundry
Talcum powder, for toilet use
Abrasive cloth
Emery cloth
Glass cloth [abrasive cloth]
Terpenes [essential oils]
Dyes (Cosmetic -)
Colorants for toilet purposes
Hair dye
Beard dyes
Color-removing preparations
Cleaning chalk
Tissues impregnated with cosmetic lotions
Toiletries
Turpentine, for degreasing
Tripoli stone for polishing
False nails
Nail care preparations
Joss sticks.
The mark was filed in class 16 with following description of goods:
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Printers' type
Printing blocks
Paper knives [office requisites]
Aquarelles
Pencil sharpening machines, electric or non-electric
Etchings
Scrapbooks
Almanacs
Stamp pads
Cigar bands
Files [office requisites]
Modelling clay
Lithographic works of art
Atlases
Self-adhesive tapes for stationery or household purposes
Stickers [stationery]
Bibs of paper
Credit card imprinters, non-electric
Trays for sorting and counting money
Paint trays
Desk trays
Flags of paper
Tickets
Pads [stationery]
Sketch pads
Spools for inking ribbons
Balls for ball-point pens
Garbage bags of paper or of plastics
Bags for microwave cooking
Bags [envelopes, pouches] of paper or plastics, for packaging
Writing board erasers
Erasing products
Wristbands for the retention of writing instruments
Etching needles
Painters' easels
Boxes of cardboard or paper
Stationery (Cabinets for -) [office requisites]
Rub down transfers
Tracing patterns
Calendars
Song books
Letters [type]
Charcoal pencils
Document files [stationery]
Loose-leaf binders
Writing paper
Advertisement boards of paper or cardboard
Booklets
Binding strips [bookbinding]
Paperboard
Cardboard containers
Ink sticks
Catalogues
Sheets of reclaimed cellulose for wrapping
Modelling wax, not for dental purposes
Composing frames [printing]
Push pins
Adhesive tapes for stationery or household purposes
Correcting tapes [office requisites]
Paper ribbons
Gummed tape [stationery]
Ink ribbons
Inking ribbons for computer printers
Typewriter ribbons
Newsletters
Stencils
Staples for offices
Money holders
Pen clips
Paper-clips
Isinglass for stationery or household purposes
Glue for stationery or household use
Compasses for drawing
Correcting fluids [office requisites]
Biological samples for use in microscopy [teaching materials]
Histological sections for teaching purposes
Chromos
Trading cards, other than for games
Writing or drawing books
Indexes
Square rulers
Paintings [pictures], framed or unframed
Covers of paper for flower pots
Conical paper bags
Finger-stalls [office requisites]
Diagrams
Newspapers
Drawing instruments
Drawing materials
Drawings
Teaching materials [except apparatus]
Addressing machines
Dispensers (Adhesive tape -) [office requisites]
Document laminators for office use
Wrapping paper
Bottle wrappers of paper or cardboard
Packaging material made of starches
Mounting photographs (Apparatus for -)
Bookbinding material
Book binders
Bookbinding apparatus and machines [office equipment]
Starch paste [adhesive] for stationery or household purposes
Bottle envelopes of paper or cardboard
Inkstands
Writing cases [sets]
Writing materials
Handwriting specimens for copying
Squares for drawing
Shields [paper seals]
Figurines [statuettes] of papier mâché
Steatite [tailor's chalk]
Drawing sets
Stencil cases
Cases for stamps [seals]
Hand labelling appliances
Labels of paper or cardboard
Greeting cards
File cards
Filtering materials of paper
Filters (Paper coffee -)
Numbering apparatus
Pamphlets
Forms, printed
Wrappers [stationery]
Photo-engravings
Photographs [printed]
Photograph stands
Franking machines for office use
Folders for papers
Passport covers
Checkbook covers
Document holders [stationery]
Galley racks [printing]
Electrotypes
Paper clasps
Globes
Gluten [glue] for stationery or household purposes
Gums [adhesives] for stationery or household purposes
Rubber erasers
Elastic bands for offices
Engravings
Stapling presses [office requisites]
Hectographs
Cords for bookbinding
Absorbent sheets of paper or plastic for foodstuff packaging
Humidity control sheets of paper or plastic for foodstuff packaging
Bubble packs (Plastic -) for wrapping or packaging
Paper sheets [stationery]
Printed timetables
Moisteners for gummed surfaces [office requisites]
Pictures
Printing type
Printing sets, portable [office requisites]
Printed matter
Writing instruments
Sealing wax
Prints [engravings]
Pencils
Paper bows
Steel letters
Signboards of paper or cardboard
Notebooks
Books
Comic books
Ledgers [books]
Canvas for painting
Pen wipers
Lithographs
Wood pulp board [stationery]
Wood pulp paper
Table linen of paper
Tablecloths of paper
Place mats of paper
Printers' blankets, not of textile
Manuals [handbooks]
Geographical maps
Architectural models
Typewriters
Marker pens
Bookmarkers
Tags for index cards
Obliterating stamps
School supplies [stationery]
Plastics for modelling
Mimeograph apparatus and machines
Pencil leads
Modelling materials
Moisteners [office requisites]
Modelling clays (Moulds for -) [artists' materials]
Duplicators
Numbers [type]
Sealing wafers
Office requisites
Oleographs
Paper tapes and cards for the recordal of computer programmes
Palettes for painters
Pantographs [drawing instruments]
Handkerchiefs of paper
Paper
Carbon paper
Tracing paper
Copying paper
Filter paper
Silver paper
Waxed paper
Hygienic paper
Luminous paper
Papier mâché
Manifolds [stationery]
Electrocardiograph paper
Paper for recording machines
Radiograms (Paper for -)
Drawer liners of paper, perfumed or not
Parchment paper
Xuan paper for Chinese painting and calligraphy
Stationery
Announcement cards [stationery]
Modelling paste
Pastel crayons
Embroidery designs [patterns]
Patterns for dressmaking
Patterns for making clothes
Adhesives for stationery or household purposes
Graining combs
Plastic cling film, extensible, for palletization
Plastic film for wrapping
Office perforators
Inkstones
Lithographic stones
Writing brushes
Painters' brushes
Paint boxes [articles for use in school]
Paperweights
Writing slates
Slate pencils
Blackboards
Address plates for addressing machines
Engraving plates
Blueprints
Stencils [stationery]
French curves
Stencil plates
Erasing shields
Folders [stationery]
Pens [office requisites]
Steel pens
Fountain pens
Pen boxes
Nibs
Nibs of gold
Pencil holders
Pencil lead holders
Clipboards
Penholders
Stamp stands
Chalk holders
Coasters of paper
Mats for beer glasses
Postcards
Posters
Prospectuses
Printed publications
Periodicals
Tracing needles for drawing purposes
Chart pointers, non-electronic
Scrapers [erasers] for offices
Writing cases [stationery]
Cream containers of paper
Drafting rulers
T-squares for drawing
Printers' reglets
Graphic representations
Graphic reproductions
Portraits
Magazines [periodicals]
Rollers for typewriters
House painters' rollers
Placards of paper or cardboard
Punches [office requisites]
Pencil sharpeners, electric or non-electric
Watercolor saucers (Artists' -)
Place mats of paper
Blotters
Sealing machines for offices
Sealing compounds for stationery purposes
Seals [stamps]
Address stamps
Stamps [seals]
Sealing stamps
Stamps
Table napkins of paper
Envelopes [stationery]
Envelope sealing machines, for offices
Hat boxes of cardboard
Stands for pens and pencils
Holders for stamps [seals]
Bookends
Calculating tables
Drawing boards
Ink pads
Desk pads
Cards
Musical greeting cards
Perforated cards for Jacquard looms
Typewriter keys
Fabrics for bookbinding
Cloth for bookbinding
Tracing cloth
Gummed cloth for stationery purposes
Inking sheets for duplicators
Inking sheets for document reproducing machines
Hand-rests for painters
Indian inks
Ink
Correcting ink [heliography]
Inkwells
Drawing pens
Adhesive bands for stationery or household purposes
Tailors' chalk
Chalk for lithography
Writing chalk
Marking chalk
Paper towels
Tissues of paper for removing make-up
Face towels of paper
Transparencies [stationery]
Paper shredders for office use
Cardboard tubes
Vignetting apparatus
Viscose sheets for wrapping
Flyers.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes (except paintbrushes)
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Buttonhooks
Bottle openers, electric and non-electric
Glove stretchers
Drinking troughs
Smoke absorbers for household purposes
Indoor aquaria
Aerosol dispensers, not for medical purposes
Cocktail stirrers
Watering can sprinklers
Pottery
Food cooling devices, containing heat exchange fluids, for household purposes
Currycombs
Glass vials [receptacles]
Poultry rings
Rings for birds
Candle extinguishers
Candle rings
Sprinklers
Sugar bowls
Chamber pots
Buckets
Glass flasks [containers]
Lazy susans
Bird baths
Baby baths, portable
Cooking pot sets
Beaters, non-electric
Whisks, non-electric, for household purposes
Heat-insulated containers for beverages
Glass bowls
Basins [bowls]
Isothermic bags
Demijohns
Boxes for sweetmeats
Nozzles for watering hose
Powder puffs
Bottles
Refrigerating bottles
Shaving brushes
Pins of metal (Cooking -)
Busts of porcelain, ceramic, earthenware or glass
Saucepans
Coffee percolators, non-electric
Coffeepots, non-electric
Boxes of glass
Boxes for dispensing paper towels
Bread bins
Cookie jars
Tea caddies
Cauldrons
Heaters for feeding bottles, non-electric
Wax-polishing appliances, non-electric, for shoes
Shoe horns
Butter-dish covers
Cheese-dish covers
Candlesticks
Drinking flasks
Pipettes [wine-tasters]
Saucepans (Earthenware -)
Sifters [household utensils]
Epergnes
Brush goods
Toothbrushes
Toothbrushes, electric
Nail brushes
Brushes (Electric -), except parts of machines
Material for brush-making
Horse brushes
Boot brushes
Lamp-glass brushes
Scrubbing brushes
Eyebrow brushes
Dishwashing brushes
Ceramics for household purposes
Bristles (Animal -) [brushware]
Hair for brushes
Picnic baskets (Fitted -), including dishes
Bread baskets for household purposes
Baskets for household purposes
Trays for household purposes
Trays of paper, for household purposes
Closures for pot lids
Shakers
Strainers
Tea strainers
Feeding troughs
Mangers for animals
Fruit cups
Pastry cutters
Cookie [biscuit] cutters
Cosmetic utensils
Crystal [glassware]
Ice cube molds
Ice buckets
Dustbins
Covers, not of paper, for flower pots
Tea cosies
Mixing spoons [kitchen utensils]
Basting spoons [cooking utensils]
Horns (Drinking -)
Polishing leather
Cotton waste for cleaning
Wool waste for cleaning
Make-up removing appliances
Deodorising apparatus for personal use
Soap dispensers
Toilet roll dispensers
Water apparatus for cleaning teeth and gums
Funnels
Wax-polishing (Apparatus for -), non-electric
Salad bowls
Brooms
Carpet sweepers
Toilet brushes
Tar-brushes, long handled
Brushes for cleaning tanks and containers
Spatulas for kitchen use
Spice sets
Abrasive pads for kitchen purposes
Toilet sponges
Abrasive sponges for scrubbing the skin
Metal scouring pads
Sponges for household purposes
Sponge holders
Statues of porcelain, ceramic, earthenware or glass
Figurines [statuettes] of porcelain, ceramic, earthenware or glass
Cleaning tow
Pads for cleaning
Mop wringers
Comb cases
Fruit presses, non-electric, for household purposes
Mess-tins
Vitreous silica fibers [fibres], not for textile use
Fibreglass, other than for insulation or textile use
Coffee filters, non-electric
Tea infusers
Strainers for household use
Holders for flowers and plants [flower arranging]
Flasks
Deep fryers, non-electric
Vegetable dishes
Dishes
Ironing board covers, shaped
Skins of chamois for cleaning
Waffle irons, non-electric
Dripping pans
Gardening gloves
Polishing gloves
Gloves for household purposes
Vessels of metal for making ices and iced drinks
Kettles, non-electric
Floss for dental purposes
Fibreglass thread, not for textile use
Boot trees [stretchers]
Shoe trees
Coin banks (Piggy banks)
Egg cups
Attracting and killing insects (Electric devices for -)
Soap boxes
Window-boxes
Pitchers
Beer mugs
Vases
Pitchers
Birdcages
Cages for household pets
Sprinklers for watering flowers and plants
Oil cruets
Steel wool for cleaning
Glass wool, other than for insulation
Litter boxes for pets
Signboards of porcelain or glass
Cabarets [trays]
Cleaning instruments, hand-operated
Earthenware
Polishing apparatus and machines, for household purposes, non-electric
Flower pots
Confectioners' decorating bags [pastry bags]
Butter dishes
Fly swatters
Majolica
Blenders, non-electric, for household purposes
Cookery molds [moulds]
Moulds [kitchen utensils]
Coffee grinders, hand-operated
Mills for household purposes, hand-operated
Toothpicks
Mops
Mosaics of glass, not for building
Toilet cases
Portable cool boxes, non-electric
Nest eggs, artificial
Works of art of porcelain, ceramic, earthenware or glass
Cooking pots
Autoclaves, non-electric, for cooking
Hot pots, not electrically heated
Opaline glass
Basins [receptacles]
Tart scoops
Scoops for household purposes
Toothpick holders
Chopsticks
Furniture dusters
Waste paper baskets
Griddles [cooking utensils]
Perfume burners
Glue-pots
Combs
Combs for the hair (Large-toothed -)
Comb (electric)
Combs for animals
Tankards
Pouring spouts
Pepper pots
Pepper mills, hand-operated
Clothes-pegs
Plates to prevent milk boiling over
Saucers
Plates
Paper plates
Disposable table plates
Feather brooms
Cosmetic powder compacts
Dusting apparatus, non-electric
Straws for drinking
Porcelain ware
China ornaments
Stands for shaving brushes
Soap dishes
Menu card holders
Toilet roll holders
Lunch boxes
Coasters, not of paper or textile
Presses (Garlic -) [kitchen utensils]
Tie presses
Trouser presses
Polishing materials for making shiny, except preparations, paper and stone
Graters
Mouse traps
Kitchen containers
Glasses [receptacles]
Drinking vessels
Containers for household or kitchen use
Heat-insulated containers
Thermally insulated containers for food
Crumb trays
Watering cans
Watering devices
Rolling pins, domestic
Boot jacks
Corkscrews, electric and non-electric
Carpet beaters [hand instruments]
Salt shakers
Trivets [table utensils]
Clothes drying racks
Coffee services [tableware]
Services [dishes]
Tea services [tableware]
Liqueur sets
Table napkin holders
Napkin rings
Siphon bottles for carbonated water
Silica (Fused -) [semi-worked product], other than for building
Plungers for clearing blocked drains
Soup bowls
Knife rests for the table
Gridiron supports
Flat-iron stands
Bread boards
Cutting boards for the kitchen
Washing boards
Ironing boards
Noodle machines, hand-operated
Cinder sifters for household purposes
Sieves [household utensils]
Pot lids
Aquarium hoods
Covers for dishes
Baking mats
Glass stoppers
Jars (Glass -) [carboys]
Cups
Mugs
Fabrics (Buckets made of woven -)
Laundry drying racks
Stretchers for clothing
Insulating flasks
Terrariums (Indoor -) [plant cultivation]
Terrariums (Indoor -) [vivariums]
Teapots
Washtubs
Rails and rings for towels
Toilet utensils
Cake moulds
Insect traps
Rat traps
Cleaning rags
Cloth for washing floors
Dusting cloths
Crushers for kitchen use, non-electric
Urns
Kitchen utensils
Cooking utensils, non-electric
Household utensils
Tableware, other than knives, forks and spoons
Perfume vaporizers
Pots
Cups of paper or plastic
Beverage glassware
Glass incorporating fine electrical conductors
Powdered glass for decoration
Enamelled glass
Plate glass [raw material]
Opal glass
Glass for vehicle windows
Painted glassware
Vinegar cruets.
The mark was filed in class 35 with following description of goods:
Retailing, wholesaling, direct sale via catalogues and global computer networks of cleaning, polishing, scouring and abrasive preparations, soaps, detergents, cleansers, chemical preparations, goods and articles made of cellulose, disposable goods for household or housekeeping purposes, hygiene kits (amenities), goods and containers of plastic for waste treatment, household electrical appliances and machinery for industrial purposes, washing machines, dishwashers
Retailing, wholesaling, direct sale via catalogues and global communications networks of cleaning articles and utensils
Sales promotion services for others and sole agency services, including via on-line advertising notices and announcements and display on an electronic side accessed via computer networks
Industrial or commercial business management assistance
Professional business consultancy services
Organisation of trade fairs or exhibitions for commercial or advertising purposes, including via global communications networks
Advertising services through all means of dissemination and for all kinds of goods and services
Commercial information, distribution of samples, advertisements and advertising matter
Cost price analysis, market studies and research
Efficiency experts
Business services and consultancy relating to franchise-issuing