The trademark BAUEX was filed by PENOPLEX Spb Ltd., a corporation established under the laws of the Russian Federation (the "Applicant"). The application was published for oppositions on March 19, 2020, and received one opposition filed on May 28, 2020 by BAUKING GmbH on Likelihood of confusion. the opponent was represented by Schröter & Albrecht Patentanwälte PartG mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 28, 2020
The application was filed in Latvian, and Latvian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003122705 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 2, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 17 with following description of goods:
Asbestos
Insulating paper
Insulating felt
Plastic fibers, not for textile use
Carbon fibers, other than for textile use
Asbestos fibers
Vulcanized fiber
Guttapercha
Lute
Insulators
Asbestos mill boards
Synthetic rubber
Insulating paints (varnish)
Insulating tape and band
Adhesive bands other than stationery and not for medical or household purposes
Asbestos sheets
Viscose sheets, other than for packing
Sheets of reclaimed cellulose, other than for packing
Insulating oils
Reinforcing materials, not of metal, for pipes
Compositions to prevent the radiation of heat
Soundproofing materials
Insulating materials
Non-conducting materials for retaining heat
Sealant compounds for joints
Filtering materials (semi-processed foams or films of plastic)
Asbestos packing
Asbestos soles
Plastic substances, semi-processed
Insulating plaster
Plastic film other than for wrapping
Asbestos coverings
Bark coverings for sound insulation
Asbestos cloth
Gaskets
Acrylic resins (semi-finished products)
Artificial resins (semi-finished products)
Junctions, not of metal, for pipes
Substances for insulating buildings against moisture
Chemical compositions for repairing leaks
Glass wool for insulation
Fiberglass for insulation
Insulating fabrics
Flexible tubes, not of metal
Hoses of textile material
Water-tight rings
Foils of metal for insulating
Ebonite (vulcanite) molds
Asbestos slate
Slag wool (insulator)
Ebonite (vulcanite).
The mark was filed in class 19 with following description of goods:
Alabaster
Asbestos cement
Asphalt
Beams, not of metal
Concrete
Bitumen
Binding agents for making briquettes (stones)
Binding material for road repair
Gypsum
Clay
Gravel
Granite
Veneer wood
Moldable wood
Calcareous stone
Lime
Works of stonemasonry
Building stone
Framework, not of metal, for building
Paperboard for building
Bricks
Buildings, not of metal
Buildings, transportable, not of metal
Roofing, not of metal
Manufactured timber
Reinforcing materials, not of metal, for building
Bituminous products for building
Tar
Road coating materials
Materials for making and coating roads
Building materials, namely slabs made of extruded polystyrene
Marble
Roof flashing, not of metal
Wall claddings, not of metal, for building
Moldings, not of metal, for building
Coatings (building materials)
Laths, not of metal
Wall linings, not of metal, for building
Palings, not of metal
Crash barriers, not of metal, for roads
Latticework, not of metal
Shuttering, not of metal, for concrete
Monuments, not of metal
Wainscotting, not of metal
Partitions, not of metal
Floors, not of metal
Sand (except foundry sand)
Platforms, prefabricated, not of metal
Tiles for building made of extruded polystyrene
Floor tiles, not of metal
Paving slabs, not of metal
Cement slabs
Coverings, not of metal, for building
Tarred strips, for building
Grout
Sheet piles, not of metal
Pitch
Building glass
Penstock pipes (not of metal)
Water-pipes, not of metal
Gutter pipes, not of metal
Ducts, not of metal, for ventilating and air-conditioning installations