The trademark DeTool was filed by ATH&S GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 31, 2020, and received one opposition filed on November 24, 2020 by GOLDEN FISH on Likelihood of confusion. the opponent was represented by MILCEV BURBEA INTELLECTUAL PROPERTY OFFICE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 24, 2020
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on March 11, 2021.
The Opposition with reference B 003135407 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 16, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Structures and transportable buildings of metal
Containers, and transportation and packaging articles, of metal
Small items of metal hardware
Unprocessed and semi-processed materials of metal, not specified for use
Statues and works of art of common metals
Doors, gates, windows and window coverings of metal.
The mark was filed in class 9 with following description of goods:
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Diving equipment
Scientific and laboratory devices for treatment using electricity.
The mark was filed in class 17 with following description of goods:
Seals, sealants and fillers
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Insulation and barrier articles and materials
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic
Membranes and semi-processed synthetic filtering materials
Adhesive tapes, strips, bands and films
Clutch and brake linings
Tire restoration and repair materials
Shock-absorbing and packing materials, vibration dampers
Spacers (Vulcanised fibre -) for use with optical cables
Anti-corrosion tape
Articles of foamed plastics for use as bases of floral tributes
Articles of foamed plastics for use as bases of floral decorations
Articles made of synthetic rubber for jointing purposes
Foam supports for flower arrangements [semi-finished products]
Camouflage tapes used in hunting
Fabric expansion joints
Expansion joints for use in floor constructions
Expansion joints for use in wall constructions
Grommets made of vulcanized fibre
Grommets made of synthetic rubber
Drywall joint tape
Thread (Screw -) jointing compounds
Spacer brackets (Rubber -)
Spacers of rubber for use with sandwich panels
Spacers (Rubber -) for use with optical cables
Elastomer expansion joints
Elastomeric polymers in the form of blocks for use in manufacture
Elastomeric polymers in the form of sheets for use in manufacture
Extruded plastics in the form of blocks for use in manufacture
Extruded plastics in the form of sheets for use in manufacture
Extruded plastics in the form of pellets for use in manufacture
Extruded plastics in the form of tubes for use in manufacture
Extruded plastics in the form of bars for use in manufacture
Extruded plastics in the form of rods for use in manufacture
Spring washers of rubber
Window stops of rubber
Fire resistant expansion joints
Flexible expansion joints
Flexible cellular rubber pads
Glass retaining strips of rubber
Mountings made of rubber for engines
Mountings made of rubber for exhausts
Mountings made of rubber for transmission assemblies
Ribbon cable (Rubber clips for -)
Grommets made of rubber
Rubber seals for jars
Engine mounts of rubber for watercraft
Stair fittings of rubber
Flexible cellular rubber grips
Foam supports for floral arrangements
Clips of rubber for cables
Cable bridges of rubber for protecting cables
Corner protectors of rubber
Glazing tapes
Adhesive-coated plastic sheets for use in manufacture
Plastic fibers for use in the manufacture of tire cord
Plastic filaments for 3D printing
Engine mounts of synthetic rubber for watercraft
Polymer films for use in manufacture
Polyurethane foam in blocks for use in flower arranging
Control line protectors made from natural rubber
Control line protectors made from synthetic rubber
Threads of plastic for soldering
Photographic splicing tape
Strips of rubber for protecting the edges of furniture
Semi-worked ABS filaments for use in 3D printing
Semi-worked PLA filaments for use in 3D printing
Semi-worked thermoplastic filaments used for 3D printing
Stair edgings of rubber
Door stops of rubber
Washers of rubber for the protection of lag screws
Washers of rubber for the protection of hooks
Washers of rubber for the protection of screws
Washers of rubber for the protection of draw bolts
Washers of rubber for forming tight joints [other than for water taps]
Washers of vulcanised fibre for the protection of lag screws
Washers of vulcanised fibre for the protection of hooks
Washers of vulcanised fibre for the protection of screws
Washers of vulcanised fibre for the protection of draw bolts
Washers of rubber [other than for water taps]
Splice connectors (Rubber -) for non-electric cables
Vinyl sheeting used in the manufacture of inflatables
Articles made of rubber for jointing purposes
Ebonite moulds
Moulds of rubber for use in the production of path edgings
Moulds of rubber for use in the production of paving stones
Moulds of rubber for use in the production of decorative paving stones
Semi-finished rubber in the form of mouldings
Injection moulding plastics
Plastic materials in the form of mouldings for use as cushioning materials in packaging
Injection mould for auto motor parts
Decorative articles [badges] made of mica
Decorative articles [badges] made of rubber
Decorative plastics films being semi-finished products
Figurines made from rubber
Rubber statuettes
Elastomers
Resins in extruded form
Semi-worked plastic substances
Mineral fibers
Polyester
Substitutes for unprocessed and semi-processed asbestos
Substitutes for unprocessed and semi-processed mica
Substitutes for unprocessed and semi-processed gum
Substitutes for unprocessed and semi-processed gutta-percha
Foils of cellulose [other than for wrapping or packaging]
Cellulose material compressed into planar form [semi-finished]
Foil of regenerated cellulose, other than for wrapping
Regenerated fiber thread not for textile use
Semi-processed resins
Plastic sheet materials for use in manufacture
Plastic sheet materials for use in the manufacture of countertops
Fibres impregnated with synthetic resins for use in manufacture
Thermoplastic resins reinforced with natural fibers [semi-finished products]
Semi-processed natural resins
Polypropylene foil, other than for wrapping
Polyurethane film, other than for wrapping
Uncured synthetic rubber for use in manufacture
Foils of cellulose for use in manufacture
Glass fibre and glass wool
Carbon fibre
Cellulose acetate
Acrylic resin sheeting for use in the manufacture of laminated glass
Aramid fibers for use in the manufacture of elevator cables