The trademark POOLUNION was filed by Sefa Kala und Dilber Gürel GbR, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 11, 2021, and received one opposition filed on April 25, 2021 by Chemoform AG on Likelihood of confusion. the opponent was represented by Patentanwälte Hemmer Lindfeld Frese Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 25, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003145291 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 13, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical substances, chemical materials and chemical preparations, and natural elements
Chemicals for use in swimming pools
Chemical analysis kit for testing swimming pool water
Water purifying chemicals for swimming pools
Chemical preparations for testing swimming pool water
Water treatment chemicals for use in swimming pools and spas
Chlorine for swimming pools
Glass granules for use in swimming pool filters
Water treatment minerals for use in swimming pools and spas
Test strips impregnated with reagents for testing swimming pool water.
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
Metal hoses for swimming pools
Swimming pools [structures] of metal.
The mark was filed in class 7 with following description of goods:
Sweeping, cleaning, washing and laundering machines
Pumps, compressors and blowers
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Automatic swimming pool sweepers
Swimming pool cleaning machines
Water pumps for swimming pools.
The mark was filed in class 11 with following description of goods:
Sanitary installations, water supply and sanitation equipment
Burners, boilers and heaters
Sun tanning appliances
Lighting and lighting reflectors
Filters for industrial and household use
Regulating and safety accessories for water and gas installations
Installations for heating swimming pools
Swimming pool chlorinating apparatus
Fixed underwater lighting installations for swimming pools
Spas [heated pools]
Filters for use with swimming pools
Swimming pool heaters
Steam baths, saunas and spas
Sauna rocks
Sauna bath installations
Sauna apparatus
Sauna heaters
Water jets for use in hot tubs
Whirlpool-jet apparatus
Fitted spa covers
Hot tub filters.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Structures and transportable buildings, not of metal
Swimming pools [structures], not of metal.
The mark was filed in class 22 with following description of goods:
Raw textile fibers and substitutes
Tarpaulins, awnings, tents, and unfitted coverings
Sails
Brattice cloth
Covers for swimming pools.
The mark was filed in class 35 with Retailing and wholesaling, including via the internet, relating to swimming pools, pools, swimming baths, whirlpools and saunas and parts and fittings for all the aforesaid goods.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Plumbing installation, maintenance and repair
HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair
Application of coatings to swimming pools
Installation, cleaning, repair and maintenance relating to swimming baths, swimming pools, pools, saunas and sauna installations