The trademark WESTLINE was filed by BURÇ ALÜMINYUM SANAYI TICARET LIMITED SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on July 25, 2022, and received one opposition filed on October 17, 2022 by Westag AG on Likelihood of confusion. the opponent was represented by ALGEMEEN OCTROOI- EN MERKENBUREAU B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003181158 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 25, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Ores of non-precious metal
Common metals and their alloys and semi-finished products made of these materials
Iron carbon alloys
Semi-finished articles of aluminium or its alloys
Semi-finished articles of copper or its alloys
Semi-finished articles of lead or its alloys
Semi-finished articles of nickel or its alloys
Semi-finished articles of tin or its alloys
Iron castings [semi-finished]
Metal alloys for further manufacturing
Metal materials for building and construction
Building and construction materials and elements of metal
Reinforcement materials (metal -) for construction
Mats and stirrups of common metals for buildings
Metallic building materials
Building materials (metal -) in the form of slabs
Building materials (metal -) in the form of panels
Building materials (metal -) in the form of sheets
Steel
Steel, unwrought or semi-wrought
Steel in sheet, rod, bar and billet form
Irons for construction
Common metals in the form of plate, billet, stick, profile, sheet and sheeting
Goods and materials of common metal used for storage, wrapping, packaging and sheltering purposes
Containers of metal (storage, transport)
Buildings of metal
Frames of metal for building
Poles of metal for building
Metal boxes
Packaging containers of metal
Aluminium foil
Fencing made of common metal
Guard barriers of metal
Metal tubes
Storage containers of metal
Metal containers for the storage and transportation of goods
Ladders of metal
Metallic materials made for screening, filtering and similar purposes
Doors and windows, shutters, blinds, and their casings made of metal
Non-electric cables and wires of common metal
Ironmongery
Small hardware of metal
Screws of metal
Nails
Bolts of metal
Nuts of metal
Pegs of metal
Flakes of metal
Pitons of metal
Metal chains
Furniture casters of metal
Fittings of metal for furniture
Industrial metal wheels
Door handles of metal
Window handles of metal
Hinges of metal
Metal latches
Metal locksets
Metal keys for locks
Metal rings
Pulleys of metal, other than for machines
Pulleys [metal hardware]
Metal ventilation ducts, culverts, vents, vent covers, pipes, chimney caps
Manholes (chimney) covers
Grilles of metal for ventilation, heating, sewage, telephone, underground electricity and air conditioning installations
Metal panels or boards (non-luminous and non-mechanical) used for signalling, route showing, and publicity purposes
Signboards of metal
Advertisement columns of metal
Signalling panels, non-luminous and non-mechanical, of metal
Non-luminous and non-mechanical traffic signs of metal
Metal pipes for liquid and gas transfer
Drilling pipes of metal and their metal fittings
Valves of metal
Couplings [joints] made of metal for pipes
Elbows of metal for pipes
Clips of metal for pipes
Connectors of metal for pipes
Pipes and tubes of metal
Metal pulleys, springs and valves [not including machine elements]
Balls for bearings
Safes
Strongboxes [safes] of metal
Materials of metal for railway tracks
Metal rails
Metal railroad ties
Railway switches
Metal bollards
Floating docks of metal
Mooring buoys of metal
Anchors
Metal moulds for casting, other than machine parts
Metal mouldings
Aluminium moulds
Foundry molds [moulds] of metal
Works of art made of common metals or their alloys
Trophies of common metal
Closures of metal
Bottle caps of metal
Metal poles
Pillars of metal
Scaffolding of metal
Metal stakes
Towers [metal structures]
Metal pallets and metal ropes for lifting, loading and transportation purposes
Metal hangers, ties, straps, tapes and bands used for load-lifting and load-carrying
Wheel chocks made primarily of metal
Metal profile laths for vehicles for the purposes of decoration
Decorative metal profiles.
The mark was filed in class 19 with following description of goods:
Sand
Gravel
Stone
Asphalt
Bitumen
Cement
Gypsum [building material]
Plaster
Concrete
Marble
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Building and construction materials and elements made of pitch, tar, bitumen or asphalt
Building and construction materials and elements, not of metal
Materials, not of metal, for building and construction
Building materials of plastics material
Construction elements of plastic
Road building materials (non-metallic -)
Synthetic concrete
Synthetic stone
Synthetic paving composites
Artificial wood
Artificial stone
Non metallic transportable buildings
Non-metallic building materials
Pitch, tar, bitumen and asphalt
Poles, not of metal, for power lines
Crash barriers not of metal
Coatings [building materials]
Building panels, not of metal
Building sheets (non-metallic -)
Roofing materials
Roofing underlayment
Bitumen substances for coatings
Bitumenized roofing materials
Building cardboard [asphalted]
Wooden doors
Wood window frames
Doors, gates, windows and window coverings, not of metal
Traffic signs (non-metallic, non-luminous and non-mechanical -)