EUTM file information

018612947

VIVOSUN

November 30, 2021

Trademark Summary

The trademark VIVOSUN was filed by Yanwei Cui, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on January 26, 2022, and received one opposition filed on March 2, 2022 by Vivosun INC, on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by UFFICIO BREVETTI RAPISARDI S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 2, 2022

The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by Vivosun INC, (represented by Isabelle Bertaux) on December 10, 2024 and Decision taken.

Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 8, 2024.

The Opposition with reference B 003165176 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 16, 2023 by the EUIPO. The Cancellation with reference B 000063760 was Cancellation rejected according to Article 60(1)(c) EUTMR with decision issued on December 10, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 7 with following description of goods:
    1. Composting machines
    2. Filters being parts of machines or engines
    3. Filtering machines
    4. Blowing machines
    5. Aerating pumps for aquaria
    6. Atomisers [machines]
    7. Stalk separators [machines]
    8. Mills for household purposes, other than hand-operated
    9. Oil filters
    10. Oil refining machines
    11. Pumps [parts of machines, engines or motors]
    12. Electric hedge trimmers
    13. Grinders [hand-held power driven]
    14. Wood sawing machines
    15. Kitchen machines, electric
    16. Mills [machines]
    17. Tilling machines for agricultural purposes
    18. Machines for working wood.
  • The mark was filed in class 9 with following description of goods:
    1. Thermostats
    2. Climate control digital thermostats
    3. Hygrometers
    4. Remote control apparatus
    5. Lighting control apparatus
    6. Sensors [measurement apparatus], other than for medical use
    7. Measuring transducers
    8. Temperature sensors
    9. Time recording apparatus
    10. Time switches, automatic
    11. Thermometers, not for medical purposes
    12. Temperature monitors for industrial use
    13. Measuring apparatus
    14. Optical sensors
    15. Remote temperature sensors
    16. Kitchen timers, non-electric
    17. Time switches
    18. Electric light switches
    19. Power switches
    20. Fire extinguishing apparatus.
  • The mark was filed in class 20 with following description of goods:
    1. Flower-stands [furniture]
    2. Flower-pot pedestals
    3. Plant racks
    4. Racks [furniture]
    5. Storage racks
    6. Furniture
    7. Water-pipe valves of plastic
    8. Mirrors [looking glasses]
    9. Stakes, not of metal, for plants or trees
    10. Corks
    11. Wickerwork
    12. Sections of wood for beehives
    13. Furniture fittings, not of metal
    14. Display stands
    15. Shelving units
    16. Non-metal garden stakes
    17. Metal shelving [furniture]
    18. Display cases.