The trademark ORGANICWAB was filed by Tubus Waben GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 4, 2020, and received one opposition filed on August 3, 2020 by Etex France Building Performance SA on Likelihood of confusion. the opponent was represented by FENCER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 3, 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 17 with following description of goods:
Insulation and barrier articles and materials, not including gypsum boards and parts and fittings for gypsum boards, included in Class 17, namely screws, profiles, tapes and jointing compounds
Semi - processed materials, namely synthetic and composite materials for use in production, not including gypsum boards and parts and fittings for gypsum boards, included in Class 17, namely screws, profiles, tapes and jointing compounds
Fibres impregnated with artificial colour
Semi-worked plastic substances, not including parts and fittings for gypsum boards, included in Class 17, namely screws, profiles, tapes and jointing compounds
Manufactured or semi-finished products, namely load-bearing and shock-absorbing materials in sheet form, not including gypsum boards
Parts and fittings for all the aforesaid goods, included in Class 17, not including parts and fittings for gypsum boards, included in Class 17, namely screws, profiles, tapes and jointing compounds.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal, not including gypsum boards and parts and fittings for gypsum boards, included in Class 19, namely screws, profiles, tapes and jointing compounds
Building boards of plastics materials, not including gypsum boards
Building panels, not of metal, not including gypsum boards
Interlocking panels (non-metallic -) for building, not including gypsum boards
Building panels with tile or foil lamination, not including gypsum boards
Mats of plastic being construction elements or construction materials
Parts and fittings for all the aforesaid goods, included in Class 19, not including parts and fittings for gypsum boards, included in Class 19, namely screws, profiles, tapes and jointing compounds.