The trademark APEX GARDEN was filed by APEX ENTERPRISE CO., LTD., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on May 23, 2022, and received one opposition filed on August 14, 2022 by ABEX Stahlbau - Rohrbiegen - Stadtmöbel GmbH on Likelihood of confusion. the opponent was represented by MARQUARDT RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 14, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 18 with following description of goods:
Sunshade parasols
Covers for parasols
Frames for umbrellas or parasols
Parasols [sun umbrellas]
Umbrellas and parasols
Covers (Umbrella -)
Outdoor umbrellas
Sun umbrellas.
The mark was filed in class 20 with following description of goods:
Fabric replacements for gazebos and outdoor furniture
Cushions for chairs
Patio furniture, namely patio chair set for backyard
Outdoor furniture, namely gazebos
Chairs, namely folding chairs
Cushions, namely cushions for chairs and garden swings
Umbrella stands, namely stands for market umbrella
None of the aforesaid goods in the field of street furniture.
The mark was filed in class 22 with following description of goods:
Awnings
Fabric in the form of a canopy cover
Canvas canopies
Canopies for use in angling
Tents
Ropes for tents
Tarpaulins, awnings, tents, and unfitted coverings and liners