The trademark GARTEN LUX was filed by Lidiya Kravchenko, a national of Ukraine (the "Applicant") and Dmytro Yezhovsky, a national of Ukraine (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 15, 2021, and received one opposition filed on September 13, 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 proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Expanded clay for hydroponic plant growing [substrate]
Perlite for use in horticulture
Inorganic fertilizers
Liquid manure substitute
Biofertilizers
Biofertilizers for use in soil treatment
Biofertilizers for use in seed treatment
Organic potting soil
Fertilizers for the land
Soil substitutes
Soil amendments
Ameliorants for the soil
Coir fibre soil improvers
Soil conditioning preparations
Soil amendments for horticultural use
Soil conditioners for horticultural purposes
Soil enrichment chemicals
Chlorine-free fertilizers
Fertilizers for household plants
Plant fertilizers
Fertiliser for soil and potting soil
Fertilizers for domestic use
Manures for flowerpot plants
Charcoal for use as a soil conditioner
Charcoal for horticultural purposes
Flower preservatives
Peat pots for horticulture.
The mark was filed in class 21 with following description of goods: