The trademark kinderplay was filed by A&S 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 25, 2014, and received one opposition filed on September 18, 2014 by Ferrero S.p.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 18, 2014
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on December 14, 2015.
The Opposition with reference B 002411877 was refused according to Article 8(1)(b) CTMR with decision issued on July 27, 2015 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Roofs for baby carriages
Safety seats for children, for vehicles
Pedal bicycles
Deep baby carriages
Pushchairs for babies
Covers for baby carriages
Covers for baby pushchairs
Folding baby carriages
Baby carriages
Baby carriages equipped with carrycot.
The mark was filed in class 20 with following description of goods:
Infant walkers
Playpens
Cradles for babies
Infants beds
Baby beds
Mats for infant playpens
Changing mats
Furniture
Baby changing tables
Baby changing tables mounted to a wall
Boxes of wood or plastic
Desks
Racks
Chairs for babies
High chairs for babies
Baby bouncers
Feeding seats
Beds for small children
School furniture
Furniture shelves
Chairs.
The mark was filed in class 28 with following description of goods:
Toys, games, playthings and novelties
Sporting articles and equipment
Soap bubbles [toys]
Pools (Swimming -) [play articles]
Dolls' feeding bottles
Skateboards
Dolls' houses
Games (Apparatus for -)
Toys
Board games
Rattles [playthings]
Scooters [toys]
Swings
Kaleidoscopes
Pistols (Caps for -) [toys]
Detonating caps [toys]
Playing cards
Fairground ride apparatus
Blocks (Building -) [toys]
Rocking horses
Ninepins
Marionettes
Dolls
Kites
Dolls' beds
Bows for archery
In-line roller skates
Skates
Marionettes
Masks [playthings]
Teddy bears
Shin guards [sports articles]
Knee guards [sports articles]
Ornaments for Christmas trees, except illumination articles and confectionery
Balls for games
Toy weapons
Stuffed toys
Flippers for swimming
Air pistols [toys]
Toy cars
Dolls' houses
Jigsaw puzzles
Baseball gloves
Boxing gloves
Gloves for games
Flotation apparatus for swimming
Darts
Sleds [sports articles]
Nets for sports
Foosball tables
Tables for table tennis
Chess games
Electronic targets
Targets
Trampolines
Dolls' clothes
Draughts
Toys
Balloons
Paper party hats
Paper hats [party novelties]
Gliders [scale models]
Car models for play
Remote control toys
Radio-controlled toy vehicles
Novelties for parties, dances [party favors, favours]