– Class 11: ‘Lighting, lighting apparatus and fixtures, decorative lighting, lanterns, lamps, lamp stands and shades, all of the aforesaid made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials’ – EU word mark No 15 938 434, HOUZZ (‘the earlier mark’), filed on 18 October 2016 and registered on 19 April 2017 for the following goods:
#HOUZZ NAMELY REGISTRATION#
filed a notice of opposition, pursuant to Article 46 of Regulation 2017/1001, to registration of the trade mark applied for in respect of the goods referred to in paragraph 3 above.Ħ The opposition was based on the following earlier rights: – Class 27: ‘Floor coverings and artificial ground coverings Wall and ceiling coverings Carpets, rugs and mats’.Ĥ The trade mark application was published in European Union Trade Marks Bulletin No 2017/242 of 21 December 2017.ĥ On 21 March 2018, Houzz, Inc. – Class 24: ‘Fabrics Textile goods, and substitutes for textile goods’ – Class 20: ‘Furniture and furnishings Beds, bedding, mattresses, pillows and cushions’ Having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,ġ On 13 December 2017, the applicant, Hauz 1929 Ltd, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO), pursuant to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).Ģ Registration as a mark was sought for the following figurative sign:ģ The goods in respect of which registration was sought are in Classes 20, 24 and 27 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and correspond, for each of those classes, to the following description: Having regard to the response lodged at the Court Registry on 16 April 2020, Having regard to the application lodged at the Court Registry on 3 February 2020, Houzz, Inc., established in Palo Alto, California (United States),ĪCTION brought against the decision of the Fifth Board of Appeal of EUIPO of 19 November 2019 (Case R 886/2019‑5), relating to opposition proceedings between Houzz and Hauz 1929,Ĭomposed of A. Kornezov, President, K. Kowalik-Bańczyk and G. Hesse (Rapporteur), Judges, The other party to the proceedings before the Board of Appeal of EUIPO being Hauz 1929 Ltd, established in London (United Kingdom), represented by N. Lyberis, lawyer,Įuropean Union Intellectual Property Office (EUIPO), represented by V. Ruzek, acting as Agent, (EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ NEW YORK – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) JUDGMENT OF THE GENERAL COURT (Tenth Chamber)
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