The trademark PIATO was filed by MKW Kunststofftechnik GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 27, 2021, and received one opposition filed on August 26, 2021 by Duck Global Licensing AG (Duck Global Licensing SA) (Duck Global Licensing Ltd) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GILBEY LEGAL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 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 December 19, 2023.
The Appeal with reference B R0933/2023-4 was Opposition allowed according to Article 8(5) EUTMR with decision issued on January 14, 2024 by the EUIPO. The Opposition with reference B 003153625 was refused according to Article 8(1)(b) EUTMR with decision issued on February 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with Grab rails of metal, in particular for showers and bath tubs and Hooks of metal, In particular for bathrooms..
The mark was filed in class 11 with following description of goods:
Toilet seats
Toilet seat lids
Toilet seats
Toilet seats for children
Seat lids [parts of sanitary installations]
Toilet bowls and seats sold as a unit
Toilet seats with automatic sanitary cover replacement before use
Sanitary installations
Sanitary apparatus and installations
Stainless steel sanitary ware
Sanitary ware made of porcelain
Sanitary covers for toilet seats
Sanitary and bathroom installations and plumbing fixtures
Bath fittings
Fittings for sanitary purposes
Taps
Shower fittings
Shower fittings
Shower units
Shower panels
Shower apparatus
Shower seats, In particular folding wall seats for showers.
The mark was filed in class 20 with following description of goods:
Stools
Footstools
Seats
Seats
All the aforesaid goods, In particular for bathrooms and For washing areas
Handles, not of metal, in particular for bathtubs and showers
Non-metal hooks, In particular for bathrooms
Magazine racks, In particular for bathrooms.
The mark was filed in class 21 with following description of goods: