The trademark Neochrom was filed by NEOCHROM LTD, a corporation established under the laws of the Republic of Cyprus (the "Applicant"). The application was published for oppositions on March 29, 2021, and received one opposition filed on June 28, 2021 by Vivechrom Dr. Stefanos D. Pateras SA Paint & Varnish Manufacturers on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LAW FIRM THANOS MASOULAS & PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 28, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003149766 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 2 with following description of goods:
Coatings
Lacquers and varnishes
Dyes, colorants, pigments and inks
Thinners and thickeners for coatings, dyes and inks
Paints and washes
Preservatives
Lacquers for use by decorators
Lacquers for transfer printing
Lacquers for use in industry
Lacquers [paints]
Lacquers in the nature of a coating
Paint drying substances
Water based lacquers [other than insulating]
Varnishes [other than insulating varnish]
Varnishes [other than insulating] for applying to electronic components
Weather sealing stains
Wood lacquers
Wood stains
Varnishes [other than insulating] having a transparent finish
Walnut stain
Additives for use in coatings
Preparations for drying paints
Stains for use on floors
Varnish paints
Varnishes
Varnish for the decoration of wood
Varnish for the protection of wood
Varnish for the protection of wood from deterioration
Varnishes for use in cabinet-making
Acrylic coatings [paints]
Acrylic decorative coatings [in the nature of paint]
Acrylic paints
Acrylic protective coatings [in the nature of paint]
Additives for paints
Anti-corrosive coatings [paints]
Anti-corrosive stainers for use in mixing paints for colour selection
Anti-fouling paints
Clear coatings used as paints
Coating compositions in the form of paint
Coating compositions in the nature of paint
Coating preparations having water repellent properties [paint]
Coatings for use as primers
Colour bases for paints
Compositions for marking roads [except glass granules]
Conversion coatings [paints]
Damp proofing paints
Damp proofing preparations [paints] for masonry
Damp resisting preparations [paints]
Decorating materials in the nature of paints
Decorative coatings in the nature of paint
Exterior paint
Filler materials in the nature of paint
Fillers in the nature of paint
Floor paints
Fungicidal coatings in the nature of paints
Glazes [paints, lacquers]
Heat resistant coatings in the nature of paint
High solids top coats
High solids primers
House paint
Industrial coatings in the nature of paint
Interior paint
Interior decorative finish coatings [paints]
Interior protective finish coatings [paints]
Lime wash
Lime wash paint
Luminous paints
Marking materials in the nature of paints, for roads
Masonry preservatives in the form of paints
Materials [paints] for damp proof treatment
Materials for use in maintaining buildings [paint]
Materials for use in preserving buildings [paints]
Materials for use in protecting buildings [paints]
Mixed paints
Moisture absorbent coatings in the nature of paints
Moisture repellant coatings [paints]
Oil paints
Ornamental paints
Paint additives in the nature of tinting colours
Paint for use in the manufacture of ceramics
Paint preparations
Paint sealers
Paint substances [other than insulating] for walls
Paints for office use
Paints for protection against corrosion
Paints for protection against fire
Paints for protection against vandalism
Paints for resistance against heat
Paints for use in manufacturing
Paints for use in preventing mould
Phosphorescent paints
Pigmented coatings used as paints
Plastic priming preparations in the nature of paint
Polyurethane coatings [paints]
Polyurethane finishes [paints]
Preparations for marking roads
Preparations [paints] containing agents for preventing attack of wood by fungus
Preparations [paints] containing agents for preventing attack of wood by insects
Preparations [paints] containing agents for preventing attack of wood by rot
Preparations for priming purposes [paints]
Preparations for use as fire retardants [paints]
Preparations for use as flame retardants [paints]
Preparations for use as waterproofing coatings on the surfaces of buildings [paints]
Preparations for use as waterproofing coatings on the surfaces of structures [paints]
Preparations for waterproofing [paints]
Preparations in the nature of paint
Preservatives for buildings [paints]
Preservatives for cement [paints]
Preservatives for the surfaces of buildings [paints]
Preservatives for tiles [paints]
Primer fillers in the nature of paint
Primers
Primers for preparing surfaces to be painted
Protective acrylic coatings in the form of paints [other than for insulating purposes]
Protective coating compositions [paints]
Protective coating materials in the nature of paint
Protective coatings for application in liquid form for use on concrete [paint]
Protective coatings for buildings [paints]
Protective coatings for repelling water [paint]
Protective coatings for roofs [paints]
Protective coatings for walkways [paints]
Protective coatings for waterproofing surfaces of buildings [paints]
Protective coatings with sealing qualities for use on concrete [paints]
Protective coatings in the nature of paints for building purposes
Protective surface coatings [paints]
Protective surface coatings for wood
Resurfacing materials [coatings] in the nature of paints
Roofing compounds [paints]
Sealing preparations for floors [paint]
Silicone top-coat compositions
Substances (chemical -) [paints] for inhibiting attacks from water
Substances [paints] for inhibiting attacks from water
Substances for inhibiting damage from oil [paints]
Substances in the nature of paint for filling cracks in plastic surfaces
Substances in the nature of paint for filling cracks in wall surfaces
Substances in the nature of paint for filling cracks in wood surfaces
Substances in the nature of paint for filling flaws in plastic surfaces
Substances in the nature of paint for filling flaws in wall surfaces
Substances in the nature of paint for filling flaws in wood surfaces
Surface coating compositions [paints]
Surface coatings in the nature of paint
Wall coatings [paint]
Water based acrylic paints
Water based acrylic paints for use in house painting
Surface coatings in the nature of paint for the decoration of structures
Surface treatment materials in the nature of paints
Textured wall coatings [paints]
Textured paints
Textured coatings [paints]
Synthetic resin primers [paints]
Synthetic resin paints for plastic products
Synthetic resin paints
Transparent coating compositions [paints]
Transparent coating materials [paints]
Transparent finishes in the nature of paint
Undercoating for surfaces to be painted
Undercoats [paints] for use on wood
Wood coatings [paints]
Whitewash
Whites [colorants or paints]
White lead
Weatherproofing coatings [paints] for masonry
Weatherproofing coatings [paints] for concrete
Weatherproofing coatings [paints]
Weathering preservatives [paints]
Waterproofing compounds [paint]
Waterproofing compositions in the nature of paint
Waterproof paints
Waterproof coatings [paints]
Waterproof coatings [chemical, paints]
Water resistant decorative surface coatings [paints]
Wood preservatives for fencing
Wood preservatives
Agglutinants for paints and for putty
Binders for varnishes
Binding agents for paints
Binding preparations for paints
Organic binding agents for paints
Paint additives in the nature of binders
Paint additives in the nature of initiators
Primer thinners
Sealant primers
Solvent dyes for wood
Stabilisers for paints
Stabilising agents for use in paints
Thinners for coatings
Thinners for dyestuffs
Thinners for lacquers
Thinners for lacquers and other paints
Thinners for paints
Thinners for varnishes
Colorants for application to wood
Colorants for concrete
Colorants for imparting permanent colour
Colorants for mortars
Colouring matter for admixture with cement
Colouring matter for use in paints
Colouring preparations for staining paints
Colouring substances
Direct dyes
Fixatives for dyestuffs
Flame resistant pigments
Liquid colours
Natural dyes
Oil soluble dyes
Preparations for use in the mass coloration of materials
Rapid dyes
Synthetic dyes
Tinters for paints
Tints for surface coatings
Water dispersed pigments for use in colouring cementitious products
Water dispersed pigments for use in colouring concrete
Water repellent fungicidal wood stains.
The mark was filed in class 19 with following description of goods:
Cement
Building and construction materials and elements, not of metal
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Asbestos cement
Aggregate materials for use in concrete
Aggregates for use in the preparation of concrete
Cement posts
Cement plugs for use in filling
Cement mortar slates
Cement mortar roofing tiles
Cement mortar pipes
Cement mortar for use in construction
Cement mixes
Cement for furnaces
Cement slabs
Cementitious protective coatings
Cementitious restorative coatings
Cementitious waterproofing coatings
Cements for building
Concrete
Concrete floors
Concrete for monuments
Concrete for pouring
Concrete panels
Concrete patching compound made of a tar base
Concrete paving elements
Concrete paving stones
Concrete piles
Concrete pipes
Concrete balancing mortar
Concrete beams
Concrete bricks
Concrete building elements
Concrete building materials
Concrete coatings
Concrete conduits
Concrete poles
Concrete poles for use as building materials
Concrete retaining walls
Concrete road pavement boards
Concrete slabs
Concrete walls
Concrete walls for building
Constructional components of reinforced cement mortar
Fiber cement siding
Fibre cement
Filling cement
Industrial concrete for use in civil engineering works
Polymer concrete
Portland blast-furnace slag cement
Portland cement
Preformed concrete building elements
Ready mixed concrete
Ready mixed concrete poured on site
Ready to use concrete
Refractory cement
Refractory concrete
Reinforced concrete
Roofing cement
Sands for use in preparing concretes
Silica cement [pozzolanic cement]
Slag-lime cement
Synthetic concrete
Spacers being building elements made of fibre reinforced cement
Textured concrete finishes
Trench drains [concrete drainage structures]
Wall coatings (Cementitious -)
Window boxes made of concrete
Polymeric bitumen emulsion for waterproofing buildings
Building boards of plastics materials
Building panels, not of metal
Building materials, not of metal
Building fronts (Non-metallic -)
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Waterproofing boards (Non-metallic -)
Waterproofed paper for use in building
Waterproofed cardboard for use in building
Tile floorings, not of metal
Structural reinforcement (Non-metallic -) for construction purposes
Structural support joists (Non-metallic -) for the construction of floors
Structural support members (Non-metallic -)
Structural elements (Non-metallic -) for use in building
Roofing boards (Non-metallic -) having insulating properties
Roofing boards (Non-metallic -)
Non-metallic building facade elements
Non-metallic building materials for draught proofing
Non-metallic building materials for screeding
Non-metallic building materials having acoustic properties
Non-metallic fabrics for the reinforcement of roofs
Non-metallic facing tiles for use in buildings
Non-metallic refractory blocks
Non-metallic tiles for ceiling cladding
Non-metallic air vents for buildings
Non-metal floor panels
Hydraulic cement
Hips for roofing
Framework, not of metal, for building
Coverings, not of metal, for building
Structural frameworks (Non-metallic -) for buildings
Concrete vaults
Concrete bollards
Concrete bird baths
Containers of concrete
Structures and transportable buildings, not of metal.