The trademark The Qube was filed by Arrow Lake AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on June 15, 2022, and received one opposition filed on September 15, 2022 by Spacelabs Holdings, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 2022
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Ozone, other than for medical use
Activated carbon
Carbon for filters for removing organic contaminants from water
Waste treatment chemicals
Chemical compositions for water treatment
Oxidizing agents
Purification chemicals
Water treatment preparations
Chemicals for the suppression of the odour of water
Detergents for use in manufacture and industry
Filtering materials (chemical, mineral, vegetable and other unprocessed materials)
Chemical substances, chemical materials and chemical preparations
Natural elements, namely natural elements and organic elements for water treatment, air treatment and treatment of gaseous media
Chemical and organic compositions for use in the manufacture of food and beverages
Bactericidal preparations (other than for medical and veterinary use)
Chemicals for use in cleaning water
None of the aforesaid goods in relation to the medical or healthcare sector.
The mark was filed in class 9 with following description of goods:
Ozonisers (ozonators)
Scientific, surveying, measuring, signalling, checking apparatus and instruments
Data processing equipment and computers
All of the aforesaid goods for ozone technology
None of the aforesaid goods in relation to the medical or healthcare sector.
The mark was filed in class 11 with following description of goods:
Ozone generators
Apparatus and installations for ozone generation
Filtering, cleaning, treating, disinfecting and bleaching apparatus and instruments for food, water, soil, air, fumes and wastes
Corona reactors
Apparatus for water supply and sanitary purposes
Water purifying apparatus and machines
None of the aforesaid goods in relation to the medical or healthcare sector.
The mark was filed in class 40 with following description of goods:
Water treating
Treatment of materials
Air treatment
Air and water conditioning and purification
Recycling of waste and trash water
Waste and/or water treatment services
Cleaning, treating, disinfection and bleaching of food, beverage, water, soil, air, fumes and waste
Odoeur removal services
Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing
Treatment of chemical waste
Chemical recycling of waste products
Consultancy relating to the treatment of chemical pollution
Purification of gases
Filtration of gases
Filtration of liquids
None of the aforesaid services in relation to the medical or healthcare sector.