The trademark FLOWERCAT was filed by JINHUA ENJOY & WONDERFUL INC., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 19, 2020, and received one opposition filed on November 18, 2020 by Caterpillar Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Appeal with reference B R1875/2021-5 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on August 22, 2022 by the EUIPO. The Opposition with reference B 003135085 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 27, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Dishwashing machines
Electric food blenders
Juice machines
Clothes washing machines
Electric food processors
Electric meat grinders
Hand-held tools, other than hand-operated
Machines and apparatus for cleaning, electric.
The mark was filed in class 9 with following description of goods:
Cases for smartphones
Loudspeakers
Cameras [photography]
Surveying apparatus and instruments
Computer software applications, downloadable
Chronographs [time recording apparatus]
Weighing machines
Measures
Video screens
Remote control apparatus
Protection devices for personal use against accidents
Goggles for sports
Anti-glare glasses
Protective helmets
Eyeglasses
Batteries, electric.
The mark was filed in class 11 with following description of goods:
Cooking utensils, electric
Lamps
Kettles, electric
Griddles [cooking appliances]
Electric coffee roasters
Roasting apparatus
Refrigerating apparatus and machines
Humidifiers
Air-conditioning installations
Disinfectant apparatus
Solar water heaters.
The mark was filed in class 28 with following description of goods: