The trademark vitapur was filed by Hukla Matratzen Benelux, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on September 13, 2015, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on December 13, 2015 by AD VITA d.o.o. on Likelihood of confusion. the opponent was represented by Delić, Marjan and its proceedings were handled in English
The second opposition filed on December 13, 2015 by Vita Zahnfabrik H. Rauter GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and its proceedings were handled in English
The third opposition filed on December 1, 2015 by Veselíková, Vlasta on Likelihood of confusion. the opponent was represented by Markes, Libor and its proceedings were handled in English
The fourth opposition filed on September 23, 2015 by Szabo, Eckart on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and its proceedings were handled in English
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 002624040 was refused according to Article 8(1)(b) CTMR with decision issued on October 3, 2016 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Medical furniture and bedding, equipment for moving patients
Cushions for medical purposes
Alternating pressure mattresses for medical use
Mattresses for medical use
Support mattresses for medical use.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Beds, bedding, mattresses, pillows and cushions
Bed bases
Bed frames
Box springs
Stuffed pillows
Pillows
Slatted bases for beds
Mattress bases
Mattress cushions
Mattresses
Foam mattresses
Sleeping bags.
The mark was filed in class 24 with following description of goods:
Textile goods, and substitutes for textile goods
Coverings for furniture
Protective loose covers for mattresses and furniture
Loose covers made of textile materials for furniture