The trademark ALMAZ was filed by GOLDEN FISH S.R.L., a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on April 3, 2022, and received one opposition filed on June 27, 2022 by almaak international GmbH on Likelihood of confusion. the opponent was represented by PATENTANWÄLTE DR. STARK & PARTNER MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 27, 2022
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Machines and machine tools
Power operated tools
Motors and engines, except for land vehicles
Machine coupling and transmission components, except for land vehicles
Agricultural implements, other than hand-operated hand tools
Incubators for eggs
Vending machines
Agitators
Agricultural machines
Agricultural elevators
Agricultural implements other than hand-operated
Sir suction machines
Air brushes for applying color
Alternators
Anti-friction bearings for machines / anti-friction pads for machines
Anti-pollution devices for motors and engines
Plates (parts of machines)/locking plates
Electric arc welding apparatus
Electric arc cutting apparatus
Axles for machines
Beaters, electric
Beating machines
Belts for machines
Belts for motors and engines
Bending machines
Beverage preparation machines, electromechanical
Binding apparatus for hay / trussing apparatus for hay
Blowing machines for the compression, exhaustion and transport of gases
Blowing machines for the compression, sucking and carrying of grain / blowing machines or fans for the compression, sucking and carrying of grain / fans for the compression, sucking and carrying of grain
Blower vacuums
Bobbins for weaving looms / reels for weaving looms
Braiding machines
Brushes [parts of machines]
Electrically operated brushes (parts of machines)
Brushes for vacuum cleaners
Excavators
Butter machines
Winches
Carbon brushes (electricity)
Carburetter feeders
Carburetters
Centrifugal machines/centrifuges [machines]
Centrifugal pumps
Chaff cutter blades
Chain saws
Chucks [parts of machines]
Cinder sifters (machines)
Clack valves [parts of machines]
Machines and apparatus for cleaning, electric
Steam cleaning appliances
Clippers [machines]
Clutches, other than for land vehicles
Machines for cutting coal
Coffee grinders, other than hand-operated
Washing machines (coin operated)
Compressed air motors
Compressed air engines
Compressed air pumps
Compressed air guns for the extrusion of mastics
Compressors [machines]
Concrete mixers [machines]
Control cables for machines, engines or motors
Control mechanisms for machines, engines or motors
Conveyors [machines]
Cranes [lifting and hoisting apparatus]
Crankshafts
Crankcases for machines, motors and engines
Cranks [parts of machines]
Cream/milk separators
Crushers for kitchen use, electric
Grinding machines
Motor hoes [machines]
Current generators
Milling machines
Dividing machines
Cutting torches, gas-operated
De-aerators for feedwater
Degreasers [machines]
Shovel excavators (machines)
Dishwashers
Disintegrators
Ditchers (ploughs)
Dividing machines
Drill chucks [parts of machines]
Drilling heads [parts of machines]
Drill/drivers
Drilling bits [parts of machines]
Driving motors, other than for land vehicles
Driving chains, other than for land vehicles
Dust exhausting installations for cleaning purposes
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics and resins in extruded form for use in manufacture
Sealing, stuffing and insulating materials
Flexible pipes, tubes and hoses, not of metal
Adhesive bands, other than stationery and not for medical or household purposes
Canvas hose pipes
Door stops of rubber
Draught excluder strips / weatherstripping
Duct tapes
Expansion joint fillers / fillers for expansion joints
Fittings, not of metal, for flexible pipes
Fittings, not of metal, for rigid pipes
Flexible hoses, not of metal
Foam supports for flower arrangements [semi-finished products]
Gaskets
Hose of textile material
Insulating felt
Gloves (Insulating –)
Insulating materials
Packing [cushioning, stuffing] materials of rubber or plastics
Padding materials of rubber or plastics / stuffing of rubber or plastics
Pipe gaskets / joint packings for pipes
Pipe muffs, not of metal / pipe jackets, not of metal
Plastic film, other than for wrapping
Plastic sheeting for agricultural purposes
Rings of rubber
Rubber washers for jar lids
Rubber stoppers
Threads of plastic materials, other than for textile use
Gaskets / joint packings
Weatherstripping compositions
Window stops of rubber.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Rigid pipes other than metal building pipes
Pitch, tar, bitumen and asphalt
Non-metallic transportable buildings
Monuments, not of metal
Drainpipes (not of metal)
Drain traps [valves], not of metal or plastic
Duckboards, not of metal
Ducts, not of metal, for ventilating and air conditioning installations
Fences, not of metal
Firebricks / refractory bricks
Non-metallic rigid pipes for building
Stair-treads [steps], not of metal
Staircases, not of metal
Pipes (water- ) not of metal
Pergolas, non-metallic / cold frames, not of metal.
The mark was filed in class 22 with following description of goods:
Ropes and strings
Network
Tents and tarpaulins
Awnings of textile or synthetic materials
Sails
Sacks for the transport and storage of material in bulk
Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw fibrous textile materials and substitutes therefor
Sheaf-binder twine
Webbing straps (Non-metallic -) for handling loads
Straps, not of metal, for handling loads / belts, not of metal, for handling loads
String
Strips for tying-up vines
Tents
Tents for camping
Textile fibres
Threads, not of metal, for wrapping or binding.
The mark was filed in class 23 with following description of goods:
Yarns and threads for textile use
Yarn in the form of twine
Hemp thread and yarn
Jute thread and yarn
Yarn / thread.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, business administration
Office functions
Advertising, marketing and promotional services, for example, distribution of samples, development of advertising concepts, writing and publication of publicity texts
Shop window dressing
Public relations
Production of teleshopping programmes
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Search engine optimization for sales promotion
Business advisory services
Administration of consumer loyalty programs
Administrative processing of purchase orders
Rental of advertising space
Posting of advertising signs
Rental of billboards (advertising boards)
Business management and organization consultancy
Providing business information and advice to consumers for choosing goods and services
Compilation of information to computer databases
Drawing up of statistics
Compiling indexes of information for commercial or advertising purposes
Demonstration of goods
Direct mail advertising
Distribution of samples
Import and export agencies
Modelling for advertising or sales promotion
Providing an online commercial marketplace for buyers and sellers of goods and services
Organisation of exhibitions for commercial or advertising purposes
Organisation of exhibitions
Rental of photocopying machines
Presentation of goods on communication media, for retail purposes
Rental of salesstands
Wholesale services in relation to: Various products in the field of construction, gardening, agriculture, DIY
Machines and the components thereof, for use in the following fields: For building, Gardening, agriculture, DIY
Machinery
Heating equipment, Cooling equipment and cookery equipment
Wholesale services in relation to fabrics
Wholesale services in relation to information technology equipment
Wholesaling, in relation to the following goods: Sanitary installations and Heating installations
Wholesaling, in relation to the following goods: cooking implements and Tableware
Wholesaling, in relation to the following goods: Building equipment and agricultural machines
Wholesaling, in relation to the following goods: DIY products
Wholesale services in relation to audio-visual equipment
Wholesale services in relation to heaters
Wholesale services, in relation to the following goods: Electric appliances for household purposes, Electronic media apparatus and electrical apparatus
Wholesaling, in relation to the following goods: Tools for use in agriculture, Gardening utensils and Tools for building
Wholesale services in relation to luminaires
Wholesaling, in relation to the following goods: Heat accumulators
Wholesaling, in relation to the following goods: Vehicles and cycles
Wholesaling, in relation to the following goods: Vehicle accessories and fittings for bicycles
Wholesale services in relation to plastics
Wholesaling, in relation to the following goods: weatherstripping compositions, Padding materials and Materials for insulating
Wholesaling, in relation to the following goods: Padding materials, Shock-absorbing materials and Packing materials
Wholesaling, in relation to the following goods: Yarns and threads for use in textile products
Wholesale services in relation to heating elements
Online retail services, in relation to the following goods: Building goods, goods for gardening use, Agricultural products, goods for DIY
Various equipment, in relation to the following fields: For building, Gardening, agriculture, DIY and Components in these fields
Machinery
Heating equipment, Cooling equipment and cookery equipment
Online retailing relating to: textiles
Online retail services, in relation to the following goods: Information technology equipment
Online retail services, in relation to the following goods: Sanitary installations and Heating installations
Online retail services, in relation to the following goods: cooking implements and Tableware
Online retail services, in relation to the following goods: Building equipment and agricultural machines
Online retail services, in relation to the following goods: DIY products
Online retail services, in relation to the following goods: Audiovisual equipment
Online retail services, in relation to the following goods: Radiators
Online retail services, in relation to the following goods: Electric appliances for household purposes, Electronic media apparatus and electrical apparatus, Online retail services, in relation to the following goods: Tools for use in agriculture, Gardening utensils and Tools for building
Online retail services, in relation to the following goods: lighting, fixtures
Online retail services, in relation to the following goods: Heat accumulators
Online retail services, in relation to the following goods: Vehicles and cycles
Online retail services, in relation to the following goods: Vehicle accessories and fittings for bicycles
Online retail services, in relation to the following goods: plastic materials
Online retail services, in relation to the following goods: weatherstripping compositions, Padding materials and Materials for insulating
Online retail services, in relation to the following goods: Padding materials, Shock-absorbing materials and Packing materials
Online retail services, in relation to the following goods: Yarns and threads for use in textile products
Trading for others (offering products for sale), in relation to the following goods: Building goods, goods for gardening use, Agricultural products, goods for DIY
Various equipment, in relation to the following fields: For building, Gardening, agriculture, DIY and Components in these fields
Machinery
Heating equipment, Cooling equipment and cookery equipment
Trading for others (offering products for sale), in relation to the following goods: textile goods
Trading for others (offering products for sale), in relation to the following goods: Vehicles
Trading for others (offering products for sale), in relation to the following goods: Information technology equipment
Trading for others (offering products for sale), in relation to the following goods: Sanitary installations and Heating installations
Trading for others (offering products for sale), in relation to the following goods: cooking implements and Tableware
Trading for others (offering products for sale), in relation to the following goods: Building equipment and agricultural machines
Trading for others (offering products for sale), in relation to the following goods: DIY products
Trading for others (offering products for sale), in relation to the following goods: Audiovisual equipment, trading for others (offering products for sale), in relation to the following goods: Radiators
Trading for others (offering products for sale), in relation to the following goods: Electric appliances for household purposes, Electronic media apparatus and electrical apparatus, trading for others (offering products for sale), in relation to the following goods: Tools for use in agriculture, Gardening utensils and Tools for building
Trading for others (offering products for sale), in relation to the following goods: lighting, fixtures
Trading for others (offering products for sale), in relation to the following goods: Heat accumulators
Trading for others (offering products for sale), in relation to the following goods: Vehicles and cycles
Trading for others (offering products for sale), in relation to the following goods: Vehicle accessories and fittings for bicycles
Trading for others (offering products for sale), in relation to the following goods: plastic materials
Trading for others (offering products for sale), in relation to the following goods: weatherstripping compositions, Padding materials and Materials for insulating
Trading for others (offering products for sale), in relation to the following goods: Padding materials, Shock-absorbing materials and Packing materials
Trading for others (offering products for sale), in relation to the following goods: Yarns and threads for use in textile products.