The trademark SCApe. was filed by Alexander Throm, a national of the Federal Republic of Germany (the "Applicant") and Frederik Roman Wurm, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 6, 2021, and received one opposition filed on August 5, 2021 by ADAMA AGRICULTURE ESPAÑA, S.A. on Likelihood of confusion. the opponent was represented by ISERN 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 August 5, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003152035 was refused according to Article 8(1)(b) EUTMR with decision issued on September 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Additives, chemical, to fungicides
Auxiliary fluids for use with additives for fungicides
Industrial chemicals
Chemical preparations for scientific purposes, other than for medical or veterinary use
Chemicals used in horticulture
Chemicals used in forestry
Biological preparations for use in industry and science
Fertilizers
Soil additives [fertilising]
Nutrients for plants
Organic fertilizers
Artificial manures
Peat [fertilizer]
Compost
Compost activators
Fertilizing preparations
Fertilizer compositions
Phosphates [fertilizers].
The mark was filed in class 5 with following description of goods: