The trademark was filed by ESTIL GURU, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 4, 2022, and received one opposition filed on November 6, 2022 by Fosroc International Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Barker Brettell Sweden AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Shower control valves [plumbing fittings]
Shower valves
Showers
Shower units
Tub wastes
Sanitary drain armatures for showers
Shower hoses for hand showers
Flexible pipes being parts of shower plumbing installations
Shower pans
Fitted liners for shower trays
Shower installations
Bath linings
Flexible pipes being parts of bath plumbing installations
Valves [plumbing fittings].
The mark was filed in class 17 with following description of goods:
Water-tight rings
Rings (Water-tight -)
Water-tight rings
Stuffing rings (Non-metallic -)
Sealing gaskets (non-metallic -) [other than for ships]
Sealing profiles (Non-metallic -)
Waterproofing and moisture proofing articles and materials
Insulating water proofing tiles
Impervious adhesive strips for edging of roofs
Impervious adhesive strips for ridge tiling
Waterproof packings
Waterproof packings
Elastomeric sealing material being liquid impermeable
Insulating water proofing membranes
Waterproof membranes of vulcanised fibre
Waterproof membranes made of polymers
Waterproof membranes for use in manufacture
Waterproofing film (plastic -) [other than for packaging]
Waterproof packings
Waterproof sealants
Fittings [non-metallic] for flexible pipes
Couplings (Non-metallic -) for flexible pipes
Pipe insulation
Sealing rings for hose fittings (Non-metallic -)
Glands for pipes
Non-metallic couplings for pipes
Non-metallic couplings for pipes
Flexible hoses, not of metal
Flexible plumbing pipes of plastic
Watertight rings for plumbing pipes
Gasket sealer for use in plumbing
Silicone foam thermal insulation
Flexible elastomeric thermal insulation
Thermal insulation articles and materials
Thermal insulation jackets for hot water cylinders
Thermal insulation jackets for industrial plant
Thermal insulation jackets for valves
Expanded closed cell rubber for thermal insulation
Rubber for heat insulation
Foam in the form of blocks for use as heat insulation
Foam for use as heat insulation
Thermally bonded cotton batting used as a sound deadening material
Laminates containing polyamide foams for thermal insulation
Thermal insulating materials
Lightweight mineral wool slabs for thermal insulation purposes
Polyester fleece for thermal insulation
Acoustical insulation for buildings
Acoustic insulants
Acoustic insulation articles and materials
Bark coverings for sound insulation
Foam for use in sound insulation
Acoustical insulation barrier panels
Laminates containing polyamide foams for acoustic insulation
Soundproofing materials of stone wool [not for building purposes]
Acoustical insulation barrier panels
Acoustical panels for buildings
Acoustic board for ceilings [insulation]
Acoustic insulating panels made from non-metallic materials
Acoustical insulation barrier panels
Lightweight mineral wool slabs for acoustic insulation purposes
Sound-damping ceiling coverings
Sound-damping wall coverings
Acoustical insulation barrier panels
Polyester fleece for acoustic insulation.
The mark was filed in class 19 with following description of goods:
Drain gullies, not of metal
Sumps (non-metallic -) [structures]
Drains [other than of metal or plastic]
Sluices [drains] not of metal
Non-woven fabrics for soil drainage
Non-woven fabrics for land drainage
Non-metal drains for use in construction of basement waterproofing system
Cementitious waterproofing coatings
Flashings (Non-metallic -) for waterproofing buildings
Waterproofing boards (Non-metallic -)
Bituminous products in the form of membranes for damp-proofing
Waterproofed cardboard for use in building
Waterproofed paper for use in building
Rigid underdrainage pipes, not of metal
Plastic pipes for plumbing purposes
Acoustic panels of wood for walls
Acoustic panels of wood for ceilings
Acoustic panels, not of metal.
The mark was filed in class 35 with following description of goods:
Publicity and sales promotion services
Business management
Business management assistance in the field of franchising
Sales management services
Procurement for others, commercial intermediation, import and export, retailing and wholesaling in shops, via catalogue, electronic media and computer networks of shower control valves [plumbing fittings], shower valves, showers, shower units, bathtub drains
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Sanitary drain fittings for showers, Shower hoses for hand-held showers, Flexible pipes being parts of shower plumbing installations, Shower trays, Fitted linings for shower trays
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: shower installations, Bath linings, Flexible pipes being parts of bath plumbing installations, valves (plumbing fittings), Water-tight rings, Sealing rings
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Waterproof rings, Stuffing rings (non-metallic), Sealing gaskets (non-metallic) [other than for ships], Sealing profiles (non-metallic), Waterproofing and moisture proofing articles and materials
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Insulating water proofing tiles, Impervious adhesive strips for edging of roofs, Impervious adhesive strips for ridge tiling, Waterproof packings, Waterproof packings
Procurement for others, commercial intermediation, import and export, retailing and wholesaling in shops, via catalogue, electronic media and computer networks of elastomeric sealing material being liquid impermeable, insulating waterproofing membranes, waterproof membranes of vulcanised fibre, waterproof membranes made of polymers, waterproof membranes for use in manufacture
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Plastic waterproofing film (other than for packaging), Of synthetic materials, Waterproofing packings, Waterproof sealants, Accessories, not of metal, for flexible pipes, Non-metal hose couplings (non-metallic), Pipe insulation
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Sealing rings for hose fittings, not of metal, Glands for pipes, Non-metallic couplings for pipes, Non-metallic couplings for pipes, Tubes, Flexible plumbing pipes of plastic, Watertight rings for plumbing pipes
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Gasket sealer for use in plumbing, Silicone foam thermal insulation, Flexible elastomeric thermal insulation, Thermal insulation articles and materials, Thermal insulation jackets for hot water cylinders
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Thermal insulation jackets for industrial plant, Thermal insulation jackets for valves, Expanded closed cell rubber for thermal insulation, rubber for heat insulation, Foam in the form of blocks for use as heat insulation
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Foam for use as heat insulation, Thermally bonded cotton batting used as a sound deadening material, Laminates containing polyamide foams for thermal insulation, Thermal insulating material
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Lightweight mineral wool slabs for thermal insulation purposes, Polyester fleece for thermal insulation, Acoustic insulation for buildings, Acoustic insulants, Sound insulating articles and materials
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Bark coverings for sound insulation, Foam for use in sound insulation, Acoustic insulation panels, Laminates containing polyamide foam for acoustic insulation
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Soundproofing materials of stone wool (not for building purposes), Acoustical insulation panels, Acoustical panels for buildings, Acoustic board for ceilings [insulation]
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Sound insulating panels, not of metal, Acoustical insulation barrier panels, Lightweight mineral wool slabs for acoustic insulation purposes, Sound-damping ceiling coverings
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Sound-damping wall coverings, Acoustic insulation barrier panels, Polyester fleece for acoustic insulation, Drain gullies, not of metal, sumps (non-metallic -) [structures]
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Flush pipes, not of metal or not of plastic, Sluices [drains], not of metal, Non-woven fabrics for soil drainage, non-woven fabrics for land drainage
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: non-metal drains for use in construction of basement waterproofing system, Cementitious waterproofing coatings, Flashings (non-metallic) for waterproofing buildings
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: waterproofing boards (non-metallic), Bituminous products in the form of membranes for damp-proofing, Waterproofed cardboard for use in building
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Waterproofed paper for use in building, Rigid underdrainage pipes, not of metal, Plastic pipes for plumbing purposes
Procurement, for others, Commercial intermediation, Import-export and Retailing and/or wholesaling in shops, by catalogue, Via electronic means and Via computer networks in relation to the following goods: Acoustic panels of wood for walls, Acoustic panels of wood for ceilings, Acoustic panels, not of metal.
The mark was filed in class 37 with following description of goods:
Coating of drains
Services for the installation of drains
Services for the repair of drains
Unblocking of drains
Cleaning of drains
Application of waterproof coatings for roofs
Waterproofing of basements
Building sealing
Building sealing
Building sealing
Application of waterproof linings
Installation of basement waterproofing products
Damp proofing services
Installation of plumbing systems
Advisory services relating to the installation of plumbing