The trademark DETON was filed by Nail Förderer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 15, 2023, and received one opposition filed on April 11, 2023 by Cosentino Global S.L.U. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 11, 2023
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 003193591 was refused according to Article 8(1)(b) EUTMR with decision issued on March 26, 2024 by the EUIPO. The Appeal with reference B R1104/2024-5 was Other according to Article 68(1) EUTMR with decision issued on December 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
3D printers
Construction machines
Concrete placing machines
Concrete finishing machines
Concrete mixers [machines]
Pumps for concrete
Concrete spraying machines
Construction machines, Building apparatus and Building installations, for use in the following fields: 3D printing processes using concrete and building materials of enriched cement mortar.
The mark was filed in class 9 with following description of goods:
Software
Planning software for construction planning and for 3D printing for construction purposes
Control software for construction machines, in particular 3D printers for building purposes
Software for the planning, conducting and management of construction projects
Software for the cost calculation and monitoring of building projects
Software for creating and reviewing construction orders
Software for reviewing and implementing legal and building regulations and provisions in connection with building projects.
The mark was filed in class 19 with following description of goods:
Concrete
Building and constructional material
Constructional components of reinforced cement mortar.
The mark was filed in class 37 with following description of goods:
Construction
Rental of machines and devices, Plant hire, for use in the following fields: Concreting
Rental of construction equipment, Rental of construction equipment and Rental of construction plant, for use in the following fields: 3D printing processes using concrete and building materials of enriched cement mortar
Masonry
Insulation services
Grouting services
Roofing services
Building insulating
Plastering
Glazing, installation, maintenance and repair of glass, windows and blinds
Installation, maintenance and repair of doors and gates
Installation and repair of sun protection systems
Installation services of: Electrical installations, Heating systems, Ventilation units, sanitation installations, Solar installations and Air conditioning installations.
The mark was filed in class 40 with following description of goods:
Custom 3D printing for others
Processing of concrete
Cabinet making services.
The mark was filed in class 42 with following description of goods:
Scientific and technological research and development
Research and Development, in the following fields: 3D printing processes for use in construction
Research, in the following fields: Construction machines and Building technology
Research on building construction or city planning
Technological research for the building construction industry
Building design services
Architectural services
Advisory services relating to building design
Technical project planning in the construction sector
Counselling, Relating to the following sectors: Planning applications, building plans
Advisory services relating to design engineering
Advisory services relating to science
Architectural consultancy
Providing technical advice relating to energy-saving measures
Consultation services relating to interior design
Technical consulting in the field of environmental engineering
Civil engineering consultancy
Building research services
Civil engineering planning services
Building inspection services [surveying]
Preparation of architectural plans
Development of construction projects
Monitoring of building structures
Technical project studies in the field of construction
Technical consultancy services relating to civil engineering
Designing feasibility studies on designs
Conducting technical project studies for construction projects
Software as a service [SaaS]
Software as a service [SaaS] featuring planning software for construction planning and 3D printing processes for construction purposes, control software for construction machines, in particular 3D printers for building purposes and project planning and project management software
Software as a service [SaaS] featuring software for for 3D model creation, architecture software, software for creating architectural plans and building plans and virtual reality software
Software as a service [SaaS] featuring software for the planning, conducting and management of construction projects, controlling software, software for the cost calculation and monitoring of building projects, software for creating and reviewing construction orders, software for reviewing and implementing legal and building regulations and provisions in connection with building projects.
The mark was filed in class 44 with Services, in the following fields: Horticulture, Landscape design.