The trademark B&O was filed by B&O Bau GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 16, 2022, and received one opposition filed on August 16, 2022 by B&Q Limited on Likelihood of confusion. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 16, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on September 22, 2022. Change of name and address of the trademark registration was recorded on July 26, 2023. Appointment and Replacement of representative of the trademark registration was recorded on October 8, 2023.
The Appeal with reference B R2497/2023-2 was Other according to Article 66 EUTMR with decision issued on July 31, 2024 by the EUIPO. The Opposition with reference B 003177117 was refused according to Article 8(1)(b) EUTMR with decision issued on October 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Structures and transportable buildings of metal
Metal framed buildings
Cabins made of metal
Modular metallic structures
Modular portable building structures [metal]
Mobile [portable] buildings of metal containing sanitary installations
Portable buildings made principally of metal
Buildings (Portable -) of metal for housing toilets
Modular portable buildings of metal
Prefabricated metal buildings
Prefabricated buildings made substantially of metal.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements made of wood and artificial wood
Space frame modular units, not of metal
Structural elements (Non-metallic -) for use in building
Ceiling coffers of non-metallic materials
Building fronts (Non-metallic -)
Facades of non-metallic materials
Facade construction components of non-metallic materials
Non-metallic building facade elements
Non-metallic facing tiles for use in buildings
Cladding (Non-metallic -) for facades
Prefabricated building components (Non-metallic -)
Interior walls of non-metallic materials
Laminated boards (Non-metallic -) for walls
Manufactured building elements (Non-metallic -)
Prefabricated building elements (Non-metallic -) for on site assembly
Prefabricated non-metal walls
Ceilings, not of metal
Partitions being non-metallic building materials.
The mark was filed in class 37 with following description of goods:
Electrical installation services
Electrical wiring services
None of the aforementioned services in relation to the installation of electric cables for the regulation and distribution of sound.