The trademark Gartenlux was filed by Thema Products B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 15, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on May 13, 2021 by Nieß, Andrea on Art. 8(4). the opponent was represented by ERLENHARDT RECHTSANWÄLTE and its proceedings were handled in German The second opposition filed on April 5, 2021 by Emil Lux GmbH & Co. KG on Likelihood of confusion. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on October 21, 2021.
The Appeal with reference B R0608/2022-2 was Opposition rejected according to Article 8(4) EUTMR with decision issued on September 12, 2022 by the EUIPO. The Opposition with reference B 003143751 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 3, 2022 by the EUIPO. The Opposition with reference B 003146792 was rejected according to Article 8(4) EUTMR with decision issued on February 10, 2022 by the EUIPO. The null with reference B T-753/22 was Decision confirmed according to Article 8(4) EUTMR with decision issued on December 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Patio doors of metal
Patio doors (Metal framed -)
Aluminium patio doors
Metal roof trusses
Roller doors of metal
Metallic frames for sliding doors
Runners of metal for sliding doors
Horizontal slatted blinds [outdoor], of metal
Canopies of metal incorporating fixed or movable slats
Eaves of metal
Greenhouse frames of metal.
The mark was filed in class 19 with following description of goods:
Porches [structures], not of metal
Canopies [structures] of non-metallic materials
Patio doors [non-metallic frame]
Frames (Non-metallic -) for verandas
Sliding doors, not of metal
Vinyl sliding doors
Tiles of glass
Conservatories made of wood
Conservatories, not of metal.
The mark was filed in class 20 with following description of goods:
Runners, not of metal, for sliding doors
Rollers (Non-metallic -) for sliding doors
Non-metallic tracks for sliding doors
Sun screens [slatted indoor]
Furniture for conservatories
Lawn furniture
Garden furniture manufactured from wood
Garden furniture made of metal
Plastic furniture for gardens
Garden furniture made of aluminium.
The mark was filed in class 35 with following description of goods:
Retail services in relation to building materials
Retail services in relation to wall coverings
Retail services in relation to furnishings
Retail services in relation to horticulture products
Retail services connected with the sale of furniture
Retail services in relation to lighting.
The mark was filed in class 37 with following description of goods:
Installation of window fittings
Double glazing installation
Installation of windows
Installation of window frames
Installation of doors and windows
Glazing, installation, maintenance and repair of glass, windows and blinds
Installation of glass in conservatories, windows, doors and greenhouses
Installation of insulating glass in conservatories, windows, doors and greenhouses
Construction of conservatories and greenhouses
Constructing [erecting and glazing] conservatories.