The trademark SARATOGA was filed by Blücher GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 2, 2021, and received one opposition filed on September 1, 2021 by SARATOGA INT. SFORZA S.P.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOTARBARTOLO & GERVASI S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 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:
Chemical sorbents based on activated carbon
Activated carbon, in particular activated carbon in granular or ball form
Activated carbon for ABC protection or for civil applications
Activated carbon being protection against atomic, biological and/or chemical substances for and/or being protection against chemicals, hazardous materials, gases, odours, warfare agents and/or biological materials
Carbon for filters.
The mark was filed in class 9 with following description of goods:
Clothing for protection against accidents, irradiation and fire
ABC protective clothing and military work clothing
Protective clothing for chemical, hazardous material, gas, odour, warfare agent and/or biological material protection
Filters for anti-pollution masks and respiratory masks
Breathing masks (other than for artificial respiration) or protective masks
Specialised clothing fitted with miniaturised apparatus for recording, transmission or reproduction of sound or images
All the aforesaid goods included in class 9.
The mark was filed in class 11 with following description of goods:
Apparatus and filters for air and water filtration
Filters (included in class 11), in particular for air and/or air-conditioning and/or odour and harmful substance adsorption
Filter installations and equipment, in particular for air and/or air conditioning and/or odour and hazardous material adsorption
All the aforesaid goods included in class 11 being only for sorptive filter systems.
The mark was filed in class 17 with Filtration materials, Based on the following goods, semi-finished foams, Plastic sheet materials.
The mark was filed in class 24 with following description of goods:
Textiles and textile goods for adsorption of odours and hazardous materials, The aforesaid goods included in class 24
Textile filters and textile filter materials for adsorption of odours and hazardous materials, The aforesaid goods included in class 24
Filtering materials of textile, for use in the following fields: Adsorption of odours and hazardous materials.
The mark was filed in class 25 with All kinds of clothing, footwear and headwear, In particular, Inner soles, Outerclothing, Underwear, Jackets, trousers, Underwear, gloves, Caps being headwear, Combinations [clothing], Balaclavas, Hoods [clothing], Bags (for clothing), prefabricated.