The trademark KABU was filed by Fränkische Rohrwerke Gebr. Kirchner 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 5, 2020, and received one opposition filed on August 4, 2020 by Cowley Timber & Partners Limited on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003127566 was Reject opposition: opposition not admissible according to Article 8(1)(b) CTMR with decision issued on April 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Branch boxes [electricity]
Junction boxes [electricity]
Connections for electric lines
Electricity conduits
Conduit for electric cables
Identification threads for electric wires
Identification sheaths for electric wires
Wire connectors [electricity]
Sheaths for electric cables
Terminals [electricity]
Ducts [electricity]
Electricity mains (Materials for -) [wires, cables]
Pipes for electrical purposes (included in class 9)
None of which shall apply in connection with items made of timber.
The mark was filed in class 17 with following description of goods:
Rubber, gutta-percha, gum, asbestos, Mica and goods made from these materials, not included in other classes, Namely goods for heat insulation, Articles made of rubber for sealing, Articles made of rubber for jointing purposes, Articles made of synthetic rubber for sealing, Electrical insulating mica products, Articles of rubber for use in connecting pipes
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, not of metal
Junctions, not of metal, for flexible pipes
Joint packings
Expansion joint fillers
Duct tapes
Weatherstripping compositions
Caulking materials
Sealing rings
Draught excluder strips
Filtering materials [semi-processed foams or films of plastic]
Clack valves of rubber
Sleeves of rubber for protecting parts of machines