The trademark BOHO SAPIENS was filed by BEBIO Sp. z o.o. s.j., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on February 1, 2022, and received one opposition filed on April 26, 2022 by THE BOHOCLUB, S.L. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 26, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on October 26, 2021.
The Opposition with reference B 003169799 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
The bringing together, for the benefit of others, of the following goods Enabling customers to conveniently view and purchase those goods in shops, wholesale stores, sales outlets, trade fairs, demonstrations and exhibitions, via the internet and by mail order: Sachets for perfuming linen, Scented wood, Incense sticks, Pot-pourri, Candles, Perfumed candles, bedding products, Towels, Wiping cloths, Table cloths and Napkins, Blankets and blanket throws, Pillows, Curtains, curtains for windows, window shades, In the field of carpets, Non-woven covers and Pavement, Cutlery, Advertising materials on carriers, Multimedia advertising presentations recorded on media, mousemats, hardware, Computer software and Computer accessories, Electric and electronic devices for household use, Key rings for advertising purposes, Brooches, Shields (paper seals), Spectacle sheaths, Binoculars, figurines, Jewelry, dishware, ornaments, Instruments, Sports accessories, Gymnastic accessories, Gymnastic and sporting apparatus and equipment, Watches, Telephone apparatus and electronic equipment, chains, Medals, ornaments of precious metal, Figurines, decorations and ornaments of precious metal, watches and time pieces, Jewelry and jeweler goods, Figures of precious metals, Of books, Albums, Posters, Printed publicity materials, Calendars, catalogs, Leaflets, Banners, Notebooks, book marks, Stationery items, Stationers, Badge holders, beverageware coasters, Wrapping materials of paper, Foils for packaging, Packaging materials of card and Plastic material for packaging, paper napkins, Instructional and teaching equipment, Paper, Cardboard, Printed mater, Bookbinding materials, Photographs, Atlases, Pamphlet and brochures, Pennants of paper, Magazines and Periodical publications, Figurines of papier mâché, decalcomanias, Post cards, Paintings (framed or unframed), Cards, Modelling materials, Stickers, Wrappers, Pamphlets, Writing cases (stationery), Towels of paper, Toilet paper, Die stamping machines, Stamps, Hole punches, Staplers, Folios, Postage stamps, Typewriters, scanners, Copying machines, printers, chart plotters, Overhead Projectors, Bookbinding apparatus and Lamps and Office furniture, Bags and Handbags, Attaché cases, Sleeves for laptops and bags adapted for laptops, Backpacks, Laptop rucksacks, Bags for sports, Suit cases, Lockers, Umbrellas, Beach and garden parasols, Purses and change purses, Tote bags, Spectacles, Sunglasses, statues, figurines, works of art, Ornaments and decorations Made from the following materials: stone, Beton or Marble, Statuettes, figurines, works of art, ornaments and decorations of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics, Furniture, Mirrors (looking glasses), Lamps, Picture frames, statues, figurines, works of art, Ornaments and decorations Made from the following materials: wood, Cork, Reed, wicker, outdoor furniture, candle holders, Lamps and Lighting equipment, Folding screens, holders, Crutches, Bamboo curtains and Decoration curtains, figurines Made from the following materials: wood, Flour wax or plastic, Household or kitchen utensils and containers, Pots, Glassware, porcelain and earthenware, Paper plates and disposable plates, statues, figurines, works of art, Ornaments and decorations Made from the following materials: Porcelain, Terra-cotta or glass beverage ware, Soap and toilet-paper dispensers, soap boxes, Thermally insulated containers and bags for food, Camping tents, Torches, hiking equipment and Tourist accessories, Area rugs and sleeping bags, food items, drink items and Supplements for food, Gymnastic accessories and Sports accessories, sports and gym equipment and Gymnastic and sporting apparatus, Articles of clothing, Footwear, Headgear, games and Toys, Printed and recorded books in relation to the following fields: Health, nutrition, Sport, fitness and Tourism, Printed and recorded books featuring workouts and training plans, CDs, cassettes and online publications featuring workouts and training plans, Belts, Bags and Backpacks, Lockers and Suit cases, Exercise mats, sport equipment and Appliances for gymnastics, Toys and Board games, Candles and Perfumed candles, Advertising articles, namely mascots and Toys, Pens, Stationery, folders, Picture postcards, Of books and Calendars, Printed publications, Electronic publications on data carriers, Containers and figurines of metal, not of metal, of glass, ceramic, wood, textile or plastic for household use, Office requisite, Interior furnishings and furnishings for decorative purposes, Advertising gadgets for personal use, Namely jewellery, Clothing, Decorations for clothing, Souvenirs, namely materials and publications, printed and on data carriers, Containers and figurines of metal, not of metal, of glass, ceramic, wood, textile or plastic, being souvenirs of places, objects, people or events [folk handicrafts], Boxes and packages Made from the following materials: Films, Fabrics, Paper, Cardboard, plastic, glass beverage ware, Metals or wood, medicated preparations, Materials for dressings, Household containers, tableware and Porcelain, bedding products and Towels, Textile articles for household use, pocket wallets, Eyeglass cases, Cases for keys, Jewelry, Hair ornaments and nail decorations, Key rings, Clocks and watches, Advertising lanyards, Drinking flasks for travellers, Bottles, Mobile telephones
Advertising
Dissemination of advertising matter
Organization and conducting of exhibitions and trade fairs for commercial or advertising purposes
Rental of stalls, stands, furniture and advertising space and advertising carriers for trade fairs and exhibitions for commercial or advertising purposes
Dissemination of advertising matter and gadgets
Advertising in newspapers, radio, television, billboards, the internet and other forms of advertising
Arranging of sales, namely commercial intermediary services
Rental of advertising material and space
Rental of vending machines
Updating of advertising material
Commercial brokering and representation
Corporate image development consultation, Image development consultation relating to services and goods
Computerized file management
Compilation of computer databases and Updating of computer databases
Computer data management services
Promotion services provided via internet portals relating to the following goods and services: clothes, Healthcare and proper nutrition, Furniture and furnishings, Hi-fi systems, decorations and Interior furnishings, Gymnastic accessories and Sports accessories, Gymnastic and sporting apparatus and equipment, Printings, Stationery items, office and school supplies
Online search and comparison of offers and prices
Rental of sales stands
Arranging and conducting of fairs and exhibitions For promotional purposes in relation to the following fields: Health, nutrition and healthy eating, Sport, fitness, Tourism and Fashion
Providing information relating to fashion for promotional purposes via a website.
The mark was filed in class 38 with following description of goods:
Telecommunication gateway services and Providing access to portals on the Internet, Telecommunication gateway services and Providing access to portals on the Internet in relation to the following services: Tour agency services and Reservation, Transport, Sightseeing, cultural and sports entertainment and hosting and Bars, Coffee shop facilities and Restaurants
Communications by computer terminals
Computer aided transmission of messages and images
Broadcasting of television programmes using video-on-demand [VOD]
Telecommunication services
Telecommunications portals and providing access to online portals featuring information services
Enabling communications by computer terminals
Communications by fibre optic networks
Communications services by wired and wireless technology
Radio communications
Communications by cellular phones
Electronic bulletin board services
Transmission of digital files
Radio, television and satellite broadcasting
Rental of radio equipment, Leasing of television equipment and Rental of hi-fi equipment.
The mark was filed in class 39 with Rental of hi-fi equipment.
The mark was filed in class 44 with Animal care services and Medical services..
The mark was filed in class 45 with Clothing fashion consultancy.