The trademark Evergreen by Classen was filed by Classen Holz Kontor GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 2, 2021, and received one opposition filed on July 18, 2021 by VIUDA DE JULIAN NUÑEZ, S.A. on Likelihood of confusion. the opponent was represented by ASEPRIN PATENTES Y MARCAS S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 5, 2022.
The Opposition with reference B 003150988 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Building materials of metal
Building materials of metal
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Pipes and tubes of metal
Goods of metal, not included in other classes, namely connecting and fastening elements of metal for floor tiles, floorboards, floor panels and for wall and ceiling parts and bars of metal for bridging and adhering together of floor tiles, floorboards, floor panels and wall and ceiling parts
Floors of metal
Connecting and fastening elements of metal for floor tiles, floor boards, floor panels and for wall and ceiling coverings
Frames of metal for building
Hooks [metal hardware]
Pins [hardware]
Pegs of metal
Hinges of metal
Strap-hinges of metal.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
Floor coverings of plastic and plastic composite materials
Wall hangings (non-textile)
Floor coverings
Floor coverings having insulating properties.
The mark was filed in class 35 with following description of goods:
Wholesaling relating to profiles, mouldings, strips, panels, boards, linings for building, timber for building, manufactured, timber, structural timber, laminated timber, veneer timber, edgings, for building materials, structural parts and building materials for insulation, floors, wall and ceiling linings
Wholesaling relating to floor panels, floor boards and floor panelling, floor panels, floor boards and floor panelling of wood, laminate, wood substitute materials, plastic, leather and/or other materials, carpets, door mats, mats, linoleum and other materials for floor coverings, floor coverings of plastic, wall paper (other than textile materials), floor coverings for existing floors, insulating floor coverings, building materials of metal, components of metal, cable and wires of metal (not for electric purposes)
Wholesaling in relation to ironmongery and small items of metal hardware, metal pipes, connectors and fastening elements of metal for floor planks, floor boards, floor panels and for wall and ceiling linings, and metal bars for spanning and bonding floor planks, floor boards, floor panels, and wall and ceiling linings
Wholesaling in relation to floors of metal, connectors and fastening elements of metal for floor planks, floor boards, floor panels and for wall and ceiling linings, metal frames for building, hooks (small items of metal hardware), pins (hardware), pegs of metal, hinges of metal, strap-hinges of metal.
The mark was filed in class 42 with Development of floor, wall or ceiling coverings of wood, wood substitutes and plastic and Design of floor, wall or ceiling coverings of wood, wood substitutes and plastic..