The trademark SUPER FLOORS SHOP was filed by Sunday fresh GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 26, 2023, and received one opposition filed on May 25, 2023 by Husqvarna AB on Likelihood of confusion. the opponent was represented by Sipara Sweden AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 25, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018695878 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cleaning preparations
Floor treatment compositions
Caustic cleaning agents
Foam detergents
Cleaning preparations for use on masonry
Carpet cleaning preparations
Cleaning preparations for use on tiles
Cleaning agents for metal
Cleaning agents for stone
Cleaning preparations in the form of foams
Detergent strengtheners
Cleaning compositions for spot removal
Cleaning preparations for fabrics
Alcoholic solvents being cleaning preparations
Cleaning agents for the hands
Cleaning agents for household purposes
Floor wax removers [scouring preparations]
Chemical cleaning preparations for household purposes
Cleaning preparations impregnated into pads
Wipes incorporating cleaning preparations
Cloths impregnated with a detergent for cleaning
Paper hand towels impregnated with cleaning agents
Pre-moistened towelettes impregnated with a detergent for cleaning
Cleaning preparations for personal use
Glass cleaning preparations
Soaps for household use.
The mark was filed in class 35 with following description of goods:
Retail services in relation to cleaning articles
Retail services in relation to floor coverings
Retail services in relation to furnishings
Administration of the business affairs of retail stores
Retail services in relation to domestic electrical equipment
Retail services in relation to domestic electronic equipment
Retail services in relation to horticulture equipment
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to hand-operated implements for construction
Retail services in relation to hand-operated tools for construction
Business management of retail outlets
Business management of wholesale and retail outlets
Management of a retail enterprise for others
Retail store services in the field of clothing
Retail services in relation to clothing accessories
Retail services in relation to gardening products
Retail services relating to home textiles
Retail services relating to horticultural equipment
Retail services in relation to headgear
Retail services in relation to gardening articles
Retail services in relation to footwear
Business management of wholesale outlets
Wholesale services in relation to cleaning articles
Wholesale services in relation to headgear
Wholesale services in relation to clothing
Wholesale services in relation to metal hardware
Wholesale services in relation to cleaning preparations
Wholesale services in relation to furnishings
Wholesale services in relation to lubricants
Wholesale services in relation to bags
Wholesale services in relation to earthmoving equipment
Wholesale services in relation to construction equipment
Wholesale services in relation to wall coverings
Wholesale services in relation to floor coverings
Wholesale services in relation to domestic electrical equipment
Wholesale services in relation to domestic electronic equipment
Wholesale services in relation to agricultural equipment
Wholesale services in relation to information technology equipment
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to hand-operated tools for construction.