The trademark BM BUDMAR was filed by Karol Marcinkowski, a national of the Republic of Poland (the "Applicant") and Beata Marcinkowska, a national of the Republic of Poland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 29, 2021 by BUDMAR Judkowiak Sp.J. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KANCELARIA PATENTOWA ELŻBIETA PIĄTKOWSKA
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003161243 was refused according to Article 8(1)(b) EUTMR with decision issued on July 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 19 with following description of goods:
Buildings, not of metal
Structures and transportable buildings, not of metal
Accordion doors, not of metal
Doors, not of metal
Fireproof doors, not of metal
Glazed doors, not of metal
Sliding doors, not of metal
Inner doors, not of metal
Swing doors, not of metal
Facades of non-metallic materials
Window facades (non-metallic)
Doors, gates, windows and window coverings, not of metal.
The mark was filed in class 37 with following description of goods:
Installation services of buildings, not of metal
Installation services of structures and transportable buildings, not of metal
Installation services of accordion doors, not of metal
Installation services of doors, not of metal
Installation services of fireproof doors, not of metal
Installation services of glazed doors, not of metal
Installation services of sliding doors, not of metal
Installation services of inner doors, not of metal
Installation services of swing doors, not of metal
Installation services of facades of non-metallic materials
Installation services of window facades (non-metallic)
Installation services of doors, gates, windows and window coverings, not of metal.