The trademark MARIMEX was filed by MARIMEX CZ, s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on February 16, 2021, and received one opposition filed on May 16, 2021 by Fluid.iO Sensor + Control GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHNEIDERS & BEHRENDT PARTMBB, RECHTS- UND PATENTANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003147006 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Filtering materials of chemical substances
Filtering materials of mineral substances
Filtering compositions
Filtration agents for enzymes
Water treatment preparations
Additives (Chemical -) for use in the disinfection of water
Chlorine for swimming pools
Chemical compositions for water treatment
Chemicals in the nature of sorbents
Chemicals used in science
Chemicals for use in swimming pools
Water softening chemicals
Chemicals for use in aquariums [other than pharmaceuticals]
Industrial chemicals
Chemical preparations for use as corrosion inhibitors
Textile-impregnating chemicals
Water treatment minerals for use in swimming pools and spas
Glass granules for use in swimming pool filters
Moisture displacers
Natural desiccants for the control of humidity.
The mark was filed in class 2 with following description of goods:
Food and beverage colorings
Corrosion inhibiting materials
Anti-corrosive preparations
Anti-corrosive coatings [paints]
Anti-corrosive preparations having descaling properties
Waterproofing compositions in the nature of paint
Mordants
Raw natural resins
Non-metallic, color surface coating used in the fabrication of fiberglass swimming pools and spas
Damp proofing paints.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys including stainless steel
Common metals, unwrought or semi-wrought
Building materials of metal
Frames of metal for building
Fittings of metal for building
Scaffolding of metal
Buildings, transportable, of metal
Awnings of metal
Modular portable building structures [metal]
Conservatories of metal being fixed building structures
Building and construction materials and elements of metal
Metal hardware
Wire mesh
Cables, wires and chains, of metal
Arches of metallic materials for supporting plants
Pipes, tubes and hoses, and fittings therefor, including valves, of metal
Vaults and safes
Tanks of metal
Swimming pools [structures] of metal
Cold frame boxes of metal
Greenhouse frames of metal
Greenhouses being fixed metal structures
Aviaries [structures] of metal
Skating rinks [structures] of metal
Bicycle parking installations of metal
Sun louvres of metal for buildings
Louvres made of metal
Metal roll shutters
Security shutters of metal
Outdoor blinds of metal
Roller doors of metal
Metal lock boxes
Safes, electronic
Furnace fireguards of metal
Metal railings for fences
Aluminium foil
Foils of metal for cooking
Metal stepladders and ladders
Containers of metal [storage, transport]
Containers of metal for transport
Small items of metal hardware
Ironmongery of metal for building.
The mark was filed in class 7 with following description of goods:
Automatic swimming pool sweepers
Swimming pool cleaning machines
Electric pumps for swimming pools
Electric water pumps for swimming pools
Robotic swimming pool cleaning machines
Water pumps for swimming pools
Sweeping machines for use in swimming pools.
The mark was filed in class 8 with following description of goods:
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Cutlery
Hand-operated hygienic and beauty implements for humans and animals
Pumps for liquids [hand-operated]
Hand-operated pumps for pumping well water
Hand tools, hand-operated.
The mark was filed in class 9 with following description of goods:
Scuba masks
Sunglasses
Protective helmets for sports
Sports eyewear.
The mark was filed in class 11 with following description of goods:
Swimming pool chlorinating apparatus
Filters for use with swimming pools
Spa pools
Swimming pool heaters
Fixed underwater lighting installations for swimming pools
Installations for heating swimming pools
Lighting apparatus
Electric lamps
Heating apparatus
Steam generating apparatus
Cooking apparatus and installations
Cool boxes, electric
Cooling installations
Drying installations
Apparatus for ventilating
Steam baths, saunas and spas
Sanitary and bathroom installations and plumbing fixtures
Air-conditioning apparatus
Ventilation hoods
HVAC systems (heating, ventilation and air conditioning)
Air treatment equipment
Heat accumulators
Solar lamps
Solar powered torches
Solar thermal collectors [heating]
Air-conditioning installations
Germicidal lamps for purifying air
Fireplaces
Sauna heaters
Water purification installations
Whirlpool-jet apparatus
Shower cubicles
Bathroom installations
Sauna bath installations
Solar energy powered heating installations
Hot water apparatus
Instantaneous water heaters
Water filters
Water treatment filters
Filters for water purifiers
Cartridge filtration units [water treatment equipment]
Membranes for the filtration of water
Water filtering apparatus
Hydromassage bath apparatus
Spa baths [vessels]
Steam baths
Solar water heaters
LED underwater lights
Filters for air conditioning
Filters for air purifiers
Filters for use with apparatus for water supply.
The mark was filed in class 17 with following description of goods:
Gutta-percha
Latex [rubber]
Plastics in extruded form for use in manufacture
Sealing compounds
Mica
Flexible hoses, not of metal
Insulating paints
Cotton wool for packing [caulking]
Insulating mastics
Draught excluder strips
Translucent twin-wall sheets made of polycarbonates
Translucent tri-wall sheets made of polycarbonates.
The mark was filed in class 19 with following description of goods:
Non-metallic transportable structures
Portable gazebos not primarily of metal
Swimming pools [structures], not of metal
Geotextiles
Artificial stone
Buildings, transportable, not of metal
Structures and transportable buildings, not of metal
Roof coverings, not of metal
Silver sand
Aquarium sand
Aquarium gravel
Outdoor blinds, not of metal and not of textile
Stair components (Non-metallic -)
Staircases, not of metal
Greenhouse frames, not of metal
Stair-treads [steps], not of metal
Storage tanks [structures], not of metal
Water tanks (non-metallic -) [structures]
Stand tanks (Non-metallic -)
Roofing, not of metal, incorporating photovoltaic cells
Building and construction materials and elements, not of metal