The trademark crofter was filed by Mangat Rai, a national of the Republic of India (the "Applicant") and Vanish Jain, a national of the Republic of India (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 25, 2020, and received one opposition filed on February 18, 2021 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Sweeping, cleaning, washing and laundering machines
Food and beverage processing and preparation machines and apparatus
Agricultural, gardening and forestry machinery and apparatus
Parts and fittings for the aforesaid goods.
The mark was filed in class 8 with following description of goods:
Agricultural, gardening and landscaping tools
Hand tools and implements (hand operated)
Outdoor and garden tools, spades, hoes, shovels and forks for outdoor and garden use
Garden tools for children
Parts and fittings for all the aforesaid goods.
The mark was filed in class 20 with following description of goods:
Furniture
Outdoor furniture
Cushions and pillows
Parasol stands
Picnic baskets (not fitted)
Parts and fittings for all the aforesaid goods.
The mark was filed in class 21 with following description of goods:
Household utensils for cleaning, brushes and brush-making materials
Brooms
Brushes
Gardening articles
Parts and fittings for the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and sales promotions
Online ordering services
Retail services connected with the sale of sweeping, cleaning, washing and laundering machines, food and beverage processing and preparation machines and apparatus, agricultural, gardening and forestry machinery and apparatus, agricultural, gardening and landscaping tools, hand tools and implements (hand operated), outdoor and garden tools, spades, hoes, shovels and forks for outdoor and garden use, parts and fittings for the aforesaid goods
Retail services connected with the sale of garden tools for children, furniture, outdoor furniture, cushions and pillows, parasol stands, picnic baskets (not fitted), household utensils for cleaning, brushes and brush-making materials, brooms, brushes, gardening articles, parts and fittings for the aforesaid goods
Consultancy, information and advisory services relating to all the aforesaid services.