The trademark VDL was filed by Horticultura Tecnica, S.L.U., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on February 7, 2021 by VDL Groep B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 7, 2021.
The Appeal with reference B R1518/2022-2 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on May 4, 2023 by the EUIPO. The Opposition with reference B 003140426 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Dosage dispensers, For agricultural purposes
Optical reflectors, For agricultural purposes
Instruments for the testing and detection of fungi for use in crop monitoring
Microscopes for use in crop monitoring.
The mark was filed in class 11 with following description of goods:
Air humidifiers and dehumidifiers
Drip irrigation systems
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
Illumination devices
Electric torches
Head-mounted flashlights
Ear-mounted flashlights
Drippers
Irrigation sprinklers
Drip irrigation systems
Irrigation devices.
The mark was filed in class 17 with following description of goods:
Unwrought or semi-wrought rubber, gutta percha, gum, asbestos and mica and substitutes for all those materials
Plastics and resins in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible hoses, not of metal
Flexible hoses, not of metal, with thermal and/or acoustic insulation
Films, And films and Reflective plastic film laminated sheets
Products and materials for thermal insulation, soundproofing
Watering hose.
The mark was filed in class 21 with following description of goods:
Growing trays
Seed trays
Flower pots
Grid flower pots
Saucers for flower pots
Mesh for plant growing trays
Nozzles for hosepipes
Seed germinators
Traps (Non-electric -) for insects
Electric devices for attracting and killing insects.