The trademark Green SPC 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 16, 2021, and received one opposition filed on August 11, 2021 by SPC Sunflower Plastic Compound GmbH on Likelihood of confusion. the opponent was represented by EISENFÜHR SPEISER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 11, 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 003152513 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 14, 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 19 with following description of goods:
Profiles, mouldings, strips, planks, boards, linings, all of the aforesaid goods, not of metal, for building
Wood for building
Processed timber, wood for making household utensils, wood for building, glue-laminated wood, veneer wood
Edgings, not of metal, for building materials
Components and building materials for insulation
Floors, not of metal
Wall and ceiling linings, not of metal, for building
Floor tiles, floor boards and floor panels, not of metal
Floor tiles, floor boards and floor panels of wood, laminate, wood substitute materials, plastic, leather and/or other materials, not of metal
Foor tiles, floor boards and floor panels of wood, laminate, wood substitute materials, plastic, leather or other materials, not of metal, fitted with integrated locking elements
Tiles, boards and panels being wall and ceiling linings of wood, laminate, wood substitute materials, plastic, leather and/or other materials, not of metal
Tiles, boards and panels, being wall and ceiling coverings of wood, laminate, wood substitute materials, plastic, leather and/or other materials, not of metal, fitted with integrated locking elements
Floors without a structural function, not of metal
Floor tiles and floor coverings of ceramic, natural stone, artificial stone
Floor tiles and floor coverings partially of mineral materials
Floor tiles and floor coverings with a coating on the underside thereof of a non-mineral material
Floor tiles and floor coverings with a coating on the underside thereof of an elastic and/or insulating and/or porous material
Floor tiles and floor coverings of ceramic, natural stone, artificial stone with a coating on the underside thereof of a non-mineral material
Floor tiles and floor coverings of ceramic, natural stone, artificial stone with a coating on the underside thereof of an elastic and/or insulating and/or porous material
Floor tiles and floor coverings partially of mineral materials with a coating on the underside thereof of a non-mineral material
Floor tiles and floor coverings partially of mineral materials with a coating on the underside thereof of an elastic and/or insulating and/or porous material
Cement
Compositions containing cement.
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
Floor coverings of a non-mineral and partially mineral material
Floor coverings of a non-mineral and partially mineral material with a coating on the underside thereof of a non-mineral material
Floor coverings of a non-mineral and partially mineral material with a coating on the underside thereof of an elastic and/or insulating and/or porous material.
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
Wholesale services in relation to floor coverings, Floor coverings having insulating properties, Floor coverings of non-mineral and partly mineral materials
Wholesaling services, in relation the following goods, Carpet tiles [floor coverings] of non-mineral and partly mineral materials with a coating on the underside thereof of non-mineral material, carpet tiles [floor coverings] of non-mineral and partly mineral materials with a coating on the underside thereof made of an elastic and/or an insulating and/or a porous material, floors without a structural function [not of metal]
Wholesaling services, in relation the following goods, Floor panels, Floorcoverings for existing floors, of the following materials, Ceramics, Natural stone, Artificial stone
Wholesaling services, in relation the following goods, Floor panels, Floorcoverings for existing floors, Partly of mineral materials, floor panels and floor tiles with a coating on the underside thereof made of non-mineral materials, floor panels and floor tiles with a coating on the underside thereof made of an elastic and/or an insulating and/or a porous material
Wholesaling services, in relation the following goods, Floor panels, Floorcoverings for existing floors, of the following materials, Ceramics, Natural stone, Artificial stone, With a coating on the underside thereof made of non-mineral materials
Wholesaling services, in relation the following goods, Floor panels, Floorcoverings for existing floors, of the following materials, Ceramics, Natural stone, Artificial stone, With a coating on the underside thereof made of an elastic and/or an insulating and/or a porous material, Floor panels, Floorcoverings for existing floors, Partly of mineral materials with a coating on the underside thereof made of non-mineral materials
Wholesaling services, in relation the following goods, Floor panels, Floorcoverings for existing floors, Partly of mineral materials with a coating on the underside thereof made of an elastic and/or an insulating and/or a porous material, Cement, Compositions containing cement.
The mark was filed in class 42 with Development of floor, wall or ceiling coverings of wood, wood substitutes, mineral substitutes, plastic or a mixture of the aforesaid and Design of floor, wall or ceiling coverings of wood, wood substitutes, mineral substitutes, plastic or a mixture of the aforesaid..