The trademark COLORTONE was filed by Knauf Ceilings Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 12, 2020, and received one opposition filed on May 17, 2020 by The Diller Corporation on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CHARLES RUSSELL SPEECHLYS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Ceiling supports of metal
Ceiling installations (Metal -)
Ceiling boards (Metal -)
Ceiling boards (Metal -)
Ceiling units of metal
Linings (metal- ) for ceilings
Linings (Metal -) for ceilings
Suspended ceilings of metal
Frameworks of metal for ceilings
Acoustic panels of metal for ceilings
Overhead suspension tracks of metal
Metal hardware
Sections of metal for use in building
Extruded aluminium sections.
The mark was filed in class 17 with following description of goods:
Insulation and barrier articles and materials
Sound dampening blankets
Sounddamping ceiling coverings
Ceilings made of mineral fibres for insulating buildings
Waterproofing and moisture proofing articles and materials for ceilings.
The mark was filed in class 19 with following description of goods:
Textured surfaces for ceilings
Non-metal coverings for ceilings
Ceiling coffers of non-metallic materials
Ceiling tiles (Non-metallic -)
Roses [ceiling decorations] of non-metallic materials
Suspended ceiling structures (Non-metallic -)
Cladding (Non-metallic -) for ceilings
Non-metal suspended ceiling systems comprising panels
Non-metal profiles for building construction for ceilings
None of the aforesaid comprising plastic laminates.