The trademark DUPLA was filed by Dohse Aquaristik GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 20, 2022, and received one opposition filed on June 19, 2022 by DUPLACH GROUP on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Pérez y Gómez de Zamora, Carlos and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 19, 2022
It was designated 'Basic Application' for International Application 1702562 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).
Change of name and address of the trademark registration was recorded on June 6, 2022.
The Appeal with reference B R2372/2023-5 was Application allowed according to Article 66 EUTMR with decision issued on April 4, 2024 by the EUIPO. The Opposition with reference B 003173134 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Inorganic salts for industrial purposes
Chemical compositions for water treatment
Chemical substances, chemical materials and chemical preparations, and natural elements
Carbonaceous absorbents for the purification of liquids
Filtering materials of chemical substances
Filtering materials of vegetable substances
Filtering materials of mineral substances
Ceramic materials in particulate form, for use as filtering media
Fibres of organic material for separation purposes
Plant fertilizers
Filtering materials [chemical, mineral, vegetable and other unprocessed materials]
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Soil additives [fertilising]
Fertilizers
Water treatment preparations
Biological water treatment preparations
Plant nutrients for use in aquariums
Nutrients for plants
Chemicals for use in cleaning water
Filtering media [chemical] for water
Chemical preparations for use in water purification
Chemical aquarium water conditioners
Water-softening preparations
Reconstituted sea water for aquariums.
The mark was filed in class 5 with following description of goods:
Trace element preparations for use by animals
Biochemical preparations for veterinary use
Biological preparations for veterinary purposes
Chemical preparations for veterinary purposes
Medicated animal feed
Fodder supplements for veterinary purposes
Anti-infective products for veterinary use
Nutritional supplements for veterinary use
Pharmaceutical preparations for veterinary use
Veterinary preparations
Sanitary preparations for veterinary use
Vitamin preparations
Disinfectants
Preparations for destroying noxious animals
Fungicides
Herbicides.
The mark was filed in class 7 with following description of goods:
Aquarium pumps
Water pumps for use in aquariums
Suction pumps
Pumps [machines]
Aquarium air stones [pumps]
Pumps, compressors and blowers
Electrical pumps for ponds.
The mark was filed in class 9 with following description of goods:
Programmable control apparatus
Coolant-temperature sensors
Temperature sensing apparatus for scientific use
Transformers [electricity]
Measuring, detecting, monitoring and controlling devices
Measuring devices
Testing and quality control devices
Sensors, detectors and monitoring instruments
Controllers and regulators
Electronic regulators
Programmable controls for lighting apparatus and instruments
Thermal controls [thermostats]
Thermostats
Thermostat control apparatus
Thermal sensors [thermostats]
Temperature control apparatus [thermostats]
Measuring apparatus
Digital measuring apparatus
Electronic meters
Dosage dispensers
Liquid dosage devices that measure the amounts to be dispensed
Illumination regulators
Light emitting diode displays
Thermometers.
The mark was filed in class 11 with following description of goods:
Reverse osmosis elements for industrial use in reducing the salt content of water
Water filters [for aquariums and terrariums]
Luminaires [for aquariums and terrariums]
Electric heating cables
Lamps [for aquariums and terrariums]
Lighting apparatus [for aquariums and terrariums]
Lighting fittings [for aquariums and terrariums]
Heating apparatus [for aquariums and terrariums]
Heating elements [for aquariums and terrariums]
Water conduits installations [for aquariums and terrariums]
Water conditioning units [for aquariums and terrariums]
Water treatment filters [for aquariums and terrariums]
Water conditioning installations [for aquariums and terrariums]
Aquarium lights
Plant grow lights
Heating installations [for aquariums and terrariums]
Electrical heating elements [for aquariums and terrariums]
Heating apparatus, electric [for aquariums and terrariums]
Heating apparatus for ponds
Aquarium heaters
Water conditioning apparatus [for aquariums and terrariums]
Aquarium lamps
Filters for use in aquariums
Aquarium filtration apparatus
Ultraviolet lamps used for aquariums
Water filtering units for aquariums
Aquarium coolers
LED lamps [for aquariums and terrariums]
LED luminaires [for aquariums and terrariums]
LED underwater lights.
The mark was filed in class 19 with following description of goods:
Aquaria [structures]
Aquarium gravel
Aquarium sand
Decorative aquarium stones
Ornaments made of stone for aquaria.
The mark was filed in class 21 with following description of goods:
Aquaria and vivaria
Terrariums
Aquarium ornaments
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Indoor aquaria
Stands for indoor aquaria [other than furniture].
The mark was filed in class 30 with Salt.
The mark was filed in class 31 with following description of goods:
Aquarium fish
Live animals, organisms for breeding
Foodstuffs and fodder for animals
Natural plants
Plants
Natural greenery for decoration
Food for aquarium fish
Foodstuffs for fish
Pet food
Foodstuffs for marine animals
Nutrients [foodstuffs] for fish
Live aquarium coral
Plants for aquaria [live]
Live plants used as aquarium landscapes.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to live animals
Wholesale services in relation to hygienic implements for animals
Wholesale services in relation to animal grooming preparations
Wholesale services in relation to chemical compositions for water treatment
Wholesale services in relation to growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Wholesale services in relation to fertilizers
Wholesale services in relation to water treatment preparations
Wholesale services in relation to plant nutrients for use in aquariums
Wholesale services in relation to fodder supplements for veterinary purposes
Wholesale services in relation to nutritional supplements for veterinary use
Wholesale services in relation to preparations for destroying noxious animals
Wholesale services in relation to fungicides
Wholesale services in relation to herbicides
Wholesale services in relation to measuring, detecting, monitoring and controlling devices
Wholesale services in relation to sensors, detectors and monitoring instruments
Wholesale services in relation to controllers and regulators
Wholesale services in relation to thermostats
Wholesale services in relation to reverse osmosis elements for industrial use in reducing the salt content of water
Wholesale services in relation to water filters [for aquariums and terrariums]
Wholesale services in relation to luminaires [for aquariums and terrariums]
Wholesale services in relation to heaters[for aquariums and terrariums]
Wholesale services in relation to water conduits installations[for aquariums and terrariums]
Wholesale services in relation to water conditioning units[for aquariums and terrariums]
Wholesale services in relation to water treatment filters[for aquariums and terrariums]
Wholesale services in relation to water conditioning installations[for aquariums and terrariums]
Wholesale services in relation to aquarium lights
Wholesale services in relation to aquarium lamps
Wholesale services in relation to filters for use in aquariums
Wholesale services in relation to LED lamps [for aquariums and terrariums]
Wholesale services in relation to printed matter, and stationery and educational supplies [for aquariums and terrariums]
Wholesale services in relation to aquaria [structures]
Wholesale services in relation to aquarium gravel
Wholesale services in relation to aquarium sand
Wholesale services in relation to decorative aquarium stones
Wholesale services in relation to aquaria and vivaria
Wholesale services in relation to terrariums
Wholesale services in relation to aquarium ornaments
Wholesale services in relation to stands for indoor aquaria [other than furniture]
Wholesale services in relation to salt
Wholesale services in relation to aquarium fish
Wholesale services in relation to live animals, organisms for breeding
Wholesale services in relation to foodstuffs and fodder for animals
Wholesale services in relation to natural plants
Wholesale services in relation to plants
Wholesale services in relation to food for aquarium fish
Wholesale services in relation to foodstuffs for fish
Wholesale services in relation to pet food
Wholesale services in relation to nutrients [foodstuffs] for fish
Wholesale services in relation to plants for aquaria [live].