The trademark CHIC CAT was filed by PATIO POLSKA Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 20, 2013, and received one opposition filed on September 22, 2013 by Caterpillar Inc. on Likelihood of confusion. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 22, 2013
The application was filed in Polish, and Polish 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 January 27, 2014. Change of name and address of the trademark registration was recorded on May 12, 2014. Change of name and professional address of the trademark registration was recorded on August 11, 2014.
The Opposition with reference B 002250432 was refused according to Article 8(1)(b) CTMR with decision issued on November 20, 2014 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, not included in other classes
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
Addressing machines
Posters
Placards of paper or cardboard
Document holders [stationery]
Etchings
Aquarelles
Albums
Almanacs
Viscose sheets for wrapping
Office requisites, except furniture
Atlases
Ink
Correcting ink [heliography]
Blotters
Table linen of paper
Tickets
Sealing machines for offices
Writing pads
Pads [stationery]
Drawing pads
Plastic cling film, extensible, for palletization
Pamphlets
Pamphlets
Sheets of reclaimed cellulose for wrapping
Absorbent sheets of paper or plastic for foodstuff packaging
Flags of paper
Chromos
Handkerchiefs of paper
Numbers [type]
Compasses for drawing
Periodicals
Periodicals
Letters [type]
Printers' type
Steel letters
Drawing boards
Diagrams
Adhesive tape dispensers [office requisites]
Printing sets, portable [office requisites]
Printed publications
Punches [office requisites]
Square rulers
Shields [paper seals]
Labels, not of textile
Figurines [statuettes] of papier mâché
Paper coffee filters
Marking pens [stationery]
Plastic film for wrapping
Plastic bubble packs for wrapping or packaging
Forms, printed
Molds for modelling clays [artists' materials]
Apparatus for mounting photographs
Photographs [printed]
Photo-engravings
Postage meters for office use
Stencil cases
Electrotypes
Newspapers
Modelling clay
Terrestrial globes
Gluten [glue] for stationery or household purposes
Pencil leads
Graining combs
Rubber erasers
Hectographs
Etching needles
Indexes
Inkstands
Inkwells
Calendars
Carbon paper
Tracing cloth
Tracing paper
Decalcomanias
Ink stones [ink reservoirs]
Lithographic stones
Greeting cards
Cardboard
Wood pulp board [stationery]
Trading cards other than for games
Index cards [stationery]
Musical greeting cards
Postcards
Cabinets for stationery [office requisites]
Cases for stamps [seals]
Composing frames [printing]
Catalogues
Paper clasps
Typewriter keys
Isinglass for stationery or household purposes
Adhesives [glues] for stationery or household purposes
Glue for stationery or household purposes
Paper bows
Comic books
Envelopes [stationery]
Bottle envelopes of cardboard or paper
Envelope sealing machines, for offices
Correcting fluids [office requisites]
Correcting tapes [office requisites]
Letter trays
Chalk for lithography
Writing chalk
Marking chalk
Tailors' chalk
French curves
Books
Balls for ball-point pens
Paint trays
Sealing wax
Printers' reglets
Drawing rulers
Lithographic works of art
Lithographs
Writing slates
Paintings [pictures], framed or unframed
Cards
Geographical maps
Sealing compounds for stationery purposes
Pencil sharpening machines, electric or non-electric
Typewriters, electric or non-electric
Bookbinding material
Modelling materials
Teaching materials [except apparatus]
Drawing materials
Printed matter
Filtering materials [paper]
Gums [adhesives] for stationery or household purposes
Writing materials
Writing materials
Packaging material made of starches
Stencils
Printing blocks
Artists' watercolor saucers
Architects' models
Address stamps
Stickers [stationery]
Moisteners [office requisites]
Moisteners for gummed surfaces [office requisites]
Paper shredders for office use
Note books
Clipboards
Paper knives [office requisites]
Numbering apparatus
Pictures
Tablecloths of paper
Penholders
Pen clips
Loose-leaf binders
Finger-stalls [office requisites]
Credit card imprinters, non-electric
Holders for checkbooks [cheque books]
Passport holders
Covers [stationery]
Newsletters
Oleographs
Pencils
Pencil lead holders
Charcoal pencils
Bottle wrappers of cardboard or paper
Wristbands for the retention of writing instruments
Cigar bands
Sealing wafers
Bookbindings
Pencil holders
Flower-pot covers of paper
Palettes for painters
Pantographs [drawing instruments]
Paper
Electrocardiograph paper
Paper for recording machines
Writing paper
Paper for radiograms
Filter paper
Papier mâché
Packing paper
Waxed paper
Parchment paper
Copying paper [stationery]
Silver paper
Luminous paper
Toilet paper
Paper sheets [stationery]
Xuan paper for Chinese painting and calligraphy
Wood pulp paper
Place mats of paper
Coasters of paper
Adhesive bands for stationery or household purposes
Modelling paste
Pastels [crayons]
Paintbrushes
Office perforators
Seals [stamps]
Thumbtacks
Pens [office requisites]
Fountain pens
Steel pens
Drawing pens
Pen cases
Handwriting specimens for copying
Engraving plates
Plans
Canvas for painting
Bookbinding cloth
Inking sheets for duplicators
Inking sheets for document reproducing machines
Address plates for addressing machines
Stencil plates
Bookends
Hand-rests for painters
Handbooks [manuals]
Stands for pens and pencils
Mats for beer glasses
Stamp pads
Inking pads
Cream containers of paper
Printers' blankets, not of textile
Portraits
Duplicators
Biological samples for use in microscopy [teaching materials]
Prospectuses
Manifolds [stationery]
Transparencies [stationery]
Writing cases [stationery]
Writing cases [sets]
Writing board erasers
School supplies [stationery]
Paperweights
Drawing T-squares
Writing instruments
Drawing instruments
Boxes of cardboard or paper
Paint boxes [articles for use in school]
Hat boxes of cardboard
Photograph stands
Face towels of paper
Towels of paper
Ledgers [books]
Graphic reproductions
Spools for inking ribbons
Chaplets
Printed timetables
Cardboard tubes
Prints [engravings]
Tracing needles for drawing purposes
Slate pencils
Graphic representations
Drawing sets
Files [office requisites]
Table napkins of paper
Napkins of paper for removing make-up
Tablemats of paper
Folders for papers
Scrapers [erasers] for offices
Starch paste [adhesive] for stationery or household purposes
Bibs of paper
Song books
Money clips
Paper-clips
Nibs
Nibs of gold
Steatite [tailor's chalk]
Sealing stamps
Stamps [seals]
Stamp stands
Pen wipers
Stencils [stationery]
Writing brushes
Painters' brushes
Bookbinding cords
Painters' easels
Engravings
Galley racks [printing]
Signboards of paper or cardboard
Calculating tables
Advertisement boards of paper or cardboard
Blackboards
Trays for sorting and counting money
Erasing shields
Gummed tape [stationery]
Typewriter ribbons
Elastic bands for offices
Binding strips [bookbinding]
Paper tapes and cards for the recordal of computer programmes
Inking ribbons
Inking ribbons for computer printers
Paper ribbons
Adhesive tapes for stationery or household purposes
Self-adhesive tapes for stationery or household purposes
Document files [stationery]
Folders [stationery]
Pencil sharpeners, electric or non-electric
Gummed cloth for stationery purposes
Fabrics for bookbinding
Garbage bags of paper or of plastics
Bags for microwave cooking
Bags [envelopes, pouches] of paper or plastics, for packaging
Conical paper bags
Drawing squares
Indian inks
Plastics for modelling
Chalk holders
Holders for stamps [seals]
Flyers
Document laminators for office use
Bookbinding apparatus and machines [office equipment]
Mimeograph apparatus and machines
Hand labelling appliances
Humidity control sheets of paper or plastic for foodstuff packaging
House painters' rollers
Rollers for typewriters
Composing sticks
Vignetting apparatus
Drawer liners of paper, perfumed or not
Ink sticks
Modelling wax, not for dental purposes
Chart pointers, non-electronic
Histological sections for teaching purposes
Graphic prints
Patterns for dressmaking
Patterns for making clothes
Erasing products
Cardboard articles
Perforated cards for Jacquard looms
Embroidery designs [patterns]
Tracing patterns
Tags for index cards
Bookmarkers
Announcement cards [stationery]
Writing or drawing books
Postage stamps
Stapling presses [office requisites]
Clips for offices.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Trunks and travelling bags
Umbrellas and parasols
Walking sticks
Attaché cases
Briefcases
Bandoliers
Whips
Cat o' nine tails
Haversacks
Alpenstocks
Covers for horse-saddles
Umbrella or parasol ribs
Key cases
Fur
Imitation leather
Chamois leather, other than for cleaning purposes
Gut for making sausages
Muzzles
Card cases [notecases]
Umbrella sticks
Umbrella rings
Travelling sets [leatherware]
Horse collars
Horse blankets
Kid
Butts [parts of hides]
Vanity cases, not fitted
Trunks [luggage]
Travelling bags
Walking sticks
Walking stick seats
Reins
Saddle trees
Moleskin [imitation of leather]
Game bags [hunting accessories]
Knee-pads for horses
Blinders [harness]
Coverings of skins [furs]
Leather twist
Pouch baby carriers
Sling bags for carrying infants
Pads for horse saddles
Furniture coverings of leather
Pouches, of leather, for packaging
Harness fittings
Umbrellas
Chin straps, of leather
Backpacks
Horseshoes
Travelling trunks
Umbrella covers
Casings, of leather, for springs
Girths of leather
Purses
Traces [harness]
Parasols
Boxes of vulcanised fibre
Boxes of leather or leather board
Hat boxes of leather
Stirrup leathers
Umbrella handles
Suitcase handles
Saddlery
Straps of leather [saddlery]
Straps for skates
Chain mesh purses
Goldbeaters' skin
Riding saddles
Fastenings for saddles
Cattle skins
Leather, unworked or semi-worked
Leatherboard
Pelts
Leather straps
Bags for sports
Stirrups
Parts of rubber for stirrups
Frames for umbrellas or parasols
Handbag frames
Leather laces
Music cases
School bags
Slings for carrying infants
Bags for climbers
Bags
Wheeled shopping bags
Garment bags for travel
Net bags for shopping
Beach bags
Tool bags of leather, empty
Bags for campers
Handbags
Bridoons
Pocket wallets
Walking cane handles
Bridles [harness]
Halters
Valises
Cases, of leather or leatherboard
Suitcases
Bits for animals [harness]
Straps for soldiers' equipment
Nose bags [feed bags]
Leather trimmings for furniture
Curried skins
Shopping bags
Valves of leather.
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Slot machines [gaming machines]
Gaming machines for gambling
Video game machines
Video game machines
Spinning tops [toys]
Play balloons
Soap bubbles [toys]
Swimming pools [play articles]
Billiard table cushions
Billiard markers
Billiard balls
Billiard tables
Starting blocks for sports
Bob-sleighs
Body boards
Fencing weapons
Dolls' feeding bottles
Skating boots with skates attached
Christmas tree stands
Christmas trees of synthetic material
Cosaques [toy fireworks]
Paper party hats
Swimming kick boards
Snowboards
Surf boards
Surfboard leashes
Sailboards
Skateboards
Bladders of balls for games
Dominoes
Dolls' houses
Discuses for sports
Bells for Christmas trees
Camouflage screens [sports articles]
Exercisers [expanders]
Electronic targets
Body-building apparatus
Appliances for gymnastics
Golf bags, with or without wheels
Games
Amusement machines, automatic and coin-operated
Playing balls
Board games
Portable games with liquid crystal displays
Parlor games
Apparatus for games
Rattles [playthings]
Hunting game calls
Fish hooks
Bar-bells
Hockey sticks
Scooters [toys]
Swings
Rosin used by athletes
Kaleidoscopes
Caps for pistols [toys]
Detonating caps [toys]
Swimming jackets
Bingo cards
Playing cards
Fairground ride apparatus
Sling shots [sports articles]
Billiard cues
Rackets
Golf clubs
Building blocks [toys]
Reels for fishing
Billiard cue tips
Confetti
Rocking horses
Building games
Controllers for game consoles
Dice
Novelties for parties, dances [party favors, favours]
Edges of skis
Chalk for billiard cues
Skittles
Ninepins
Bowling apparatus and machinery
Cups for dice
Puppets
Marbles for games
Harpoon guns [sports articles]
Dolls
Flying discs [toys]
Kites
Kite reels
Gut for fishing
Shuttlecocks
Hang gliders
Dolls' beds
Bows for archery
Archery implements
In-line roller skates
Ice skates
Mah-jong
Fencing masks
Theatrical masks
Toy masks
Masts for sailboards
Teddy bears
Scale model vehicles
Scale model kits [toys]
Strings for rackets
Shin guards [sports articles]
Knee guards [sports articles]
Skis
Surf skis
Ski bindings
Waterskis
Protective paddings [parts of sports suits]
Elbow guards [sports articles]
Ornaments for Christmas trees, except illumination articles and confectionery
Pachinkos
Paintballs [ammunition for paintball guns] [sports apparatus]