The trademark Emeralld was filed by Tomasz Bętkowski, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 17, 2020, and received one opposition filed on November 2, 2020 by Emerald Performance Materials, LLC on Likelihood of confusion. the opponent was represented by WSL PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 2, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 30, 2024.
The Opposition with reference B 003133881 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Fertilizers for the land
Mineral fertilising preparations
Fertilizers for soil
Biofertilizers
Compost
Salts [fertilizers]
Organic fertilizers
Natural fertilizers
Grass fertilizers
Fertilizers
Fertilizers, lawn fertilizers, grass fertilizers
Manures for use on grass or grassland
Marine fertilizer
Fertilizers
Fertilizer compositions
Liquid fertilisers
Complex fertilizer.
The mark was filed in class 7 with following description of goods:
Gardening tools (Electric -)
Lawnmowers [machines]
Electric lawnmowers
Agricultural machines for grass collecting
Clearing saws [machines]
Grass edging machines
Horticultural implements [machines]
Agricultural machines for grass cutting
Electric grass trimmers
Grass collecting machines
Lawnmowers [machines]
Lawnmowers [machines]
Shredders [power lawn and garden tools]
Clearing saws [machines]
Mechanical lawn mowers
Riding lawn mowers
String trimmers [power lawn and garden tools]
Spraying machines
Sprayers [machines] for use in horticulture
Sprayers [machines] for use in agriculture
Lawn aerators [machines]
Electric brooms
Lawn sweepers [machines]
Sweeping machines for use in swimming pools
Cleaning machines for streets
Air blowing machines
Snowblowers
Snow blowing attachments for vehicles
Power blowers for lawn debris
Blowing machines for the compression, sucking and carrying of grain.
The mark was filed in class 8 with following description of goods:
Snow shovels
Rakes
Garden tools, hand-operated
Spades [hand tools]
Shovels [hand tools]
Agricultural, gardening and landscaping tools
Hoes [hand tools]
Lawn rakes [hand-operated ones only]
Garden forks
Garden tools, hand-operated
Gardening shears
Gardening scissors
Lawn clippers [hand instruments]
Lawn aerators [hand tools].
The mark was filed in class 25 with following description of goods:
Printed t-shirts
Tank tops
Work clothes
Sports jackets
Ear muffs [clothing]
Menswear
Track jackets
Bobble hats
Shirts
Embroidered clothing
Visors being headwear
Tee-shirts
Mufflers [clothing]
Hunting shirts
Tracksuit bottoms
Casual shirts
Nightwear
Clothing
Tops [clothing]
Weatherproof clothing
Sweat shirts
Fur jackets
Aprons [clothing]
Combinations [clothing]
Leisurewear
Trousers shorts
Gloves [clothing]
Kerchiefs [clothing]
Weatherproof pants
Peaked caps
Dress shirts
Waterproof outerclothing
Fur hats
Loungewear
Fleece tops
Casual jackets
Riding jackets
Fishermen's jackets
Woolen clothing
Fishing shirts
Polo shirts
Knitted caps
Roll necks [clothing]
Weatherproof clothing
Short trousers
Trousers
Hunting pants
Sports caps
Shorts
Ladies' clothing
Children's wear
Hooded tops.
The mark was filed in class 31 with following description of goods:
Grass seeds
Seeds pre-sown in matted fibrous propagation media for grassing sports fields
Seeds pre-sown in matted fibrous propagation media for grassing lawns
Grasses [plants]
Seeds pre-sown in matted fibrous propagation media for grassing golf courses
Seed (Mats containing -) for laying lawns.
The mark was filed in class 35 with following description of goods:
Retail services in relation to horticulture products
Mail order retail services for clothing
Retail services connected with the sale of clothing and clothing accessories
Wholesale services in relation to horticulture products
Wholesale services in relation to clothing.
The mark was filed in class 44 with following description of goods:
Horticulture
Agriculture, horticulture and forestry services
Plant care services [horticultural services]
Lawn care
Advisory and consultancy services relating to the use of agricultural and horticultural fertilizers
Advisory and consultancy services relating to the use of fertilizers in agriculture, horticulture and forestry.