The trademark durite was filed by DURITE S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 10, 2022, and received one opposition filed on April 26, 2022 by DURIT - METALURGIA PORTUGUESA DO TUNGSTÉNIO, LDA on Unfair advantage /detriment to distinctiveness or repute. the opponent was represented by de Matos, Carlos
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003169801 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Additives (Chemical -) for flooring plaster
Additives (Chemical -) for plaster
Adhesives for plaster
Agglutinants for plaster
Chemical additives for varnishes
Solvents for paints
Chemical additives for paint
Water resistant protective surface coatings [chemical, other than paints]
Adhesives for paving
Adhesives for applying wall coverings
Impregnants for exterior surfaces of buildings [other than paints or oils]
Adhesives used in industry, in particular in the construction industry
Chemicals for use in manufacture
Unprocessed artificial and synthetic resins.
The mark was filed in class 2 with following description of goods:
Thickeners for paints
Colour bases for paints
Varnishes
Thinners for varnishes
Binders for varnishes
Interior protective finish coatings [paints]
Binding preparations for paints
Paints and washes
Waterproof paints
Waterproof coatings [paints]
Exterior paint
Processed minerals for use as additives to paints
Water based acrylic paints
Fireproof paints
Coatings
Binding preparations for paints
Paints for protection against corrosion
Ornamental paints
Ornamental paints
Paints and washes
Moisture repellant coatings [paints]
Coatings
Thinners and thickeners for coatings, dyes and inks
Colorants for concrete
Water dispersed pigments for use in colouring cementitious products
Sealing preparations for floors [paint]
Wall coatings [paint]
Surface coatings in the nature of paint for the decoration of structures
Metal in foil and powder form for use in painting, decorating, printing and art
Primers
Sealant primers
Primers
Primers
Coatings for use as primers
Fixatives [varnishes]
Mordants [fixatives] in the nature of varnishes
Anti-rust preparations.
The mark was filed in class 19 with following description of goods:
Liquid plastics surface coatings for protection against moisture [not paints]
Mortar
Concrete
Building materials, not of metal
Lime
Cement
Cementitious protective coatings
Cementitious waterproofing coatings
Cementitious restorative coatings
Wood paving
Ceramic paving and surfacing
Asphalt
Bitumen
Pitch
Buildings, transportable, not of metal
Paving stones
Building blocks incorporating insulating materials
Paving blocks, not of metal
Paving products (Non-metallic -)
Facing plaster
Coatings [building materials]
Wall panelling made of non-metallic materials
Partitions, not of metal
Prefabricated non-metal walls
Wainscotting, not of metal
Textured wall surfacings (Non-metallic -)
Decorative glass [for building]
Building and construction materials and elements, not of metal
Structures and transportable buildings, not of metal
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Non-metal cladding for construction and building
Prefabricated building components (Non-metallic -).