The trademark EBO was filed by Kermi GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 21, 2022, and received one opposition filed on July 21, 2022 by GEBO Armaturen GmbH on (a) Art. 8(4), (b) Identity of marks and Goods and Services. the opponent was represented by SCHNEIDERS & BEHRENDT PARTMBB, RECHTS- UND PATENTANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 2022
It was designated 'Basic Application' for International Application 1695419 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by GEBO Armaturen GmbH (represented by SCHNEIDERS & BEHRENDT PARTMBB, RECHTS- UND PATENTANWÄLTE) on December 26, 2023 and Adversarial proceedings are ongoing.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 3, 2024. Partial Surrender of the trademark registration was recorded on September 25, 2024.
Goods And Services
The mark was filed in class 11 with following description of goods:
Heating apparatus, Heating elements, Heating plates, Radiators [heating], Central heating radiators, Radiant heaters, Namely wall and ceiling radiators
Ceiling radiator profiles
Heating apparatus, electric
Heating installations, In particular wall, ceiling and floor heating
Coils (parts of heating and cooling installations)
Steam generating installations, Steam accumulators, Pressure water tanks, Heat accumulators, Energy storage, Air reheaters, Air filters, Filters
Heat pumps, Heat regenerators, Heat exchangers, other than parts of machines, Hot water apparatus, Heating installations [water], Heating boilers, feed devices for heating boilers, Connecting fittings for radiators and heating installations
Solar thermal collectors, and heating installations consisting predominantly of solar collectors and parts therefor
Ventilation and air-conditioning installations, parts for ventilation and air-conditioning installations, namely ventilation apparatus and fans, air-cooling apparatus, air-filtering installations, filters for air conditioning
Valves, valves which are parts of installations for heating, Thermostatic valves
Regulating and safety fittings for valves and for heating installations
None of the aforesaid goods, for use in relation to the following goods: Electrically heated domestic equipment.