The trademark HELIX was filed by Helix Pflanzen GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 10, 2023, and received one opposition filed on April 9, 2023 by EMEH, INC. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 9, 2023
It was designated 'Basic Application' for International Application 1726789 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003193264 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Facades of metal
Monopartite or multipartite facade elements, boxes and facade cladding parts of metal
Profiles of metal for facades
Drain pipes of metal
All of the aforesaid goods solely in connection with planted facades.
The mark was filed in class 19 with following description of goods:
Facades of non-metallic materials
Monopartite or multipartite facade elements, boxes and facade cladding parts, not of metal
Profiles, not of metal, for facades
Drain pipes, not of metal
All of the aforesaid goods solely in connection with planted facades.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products, grains and seeds
Young plants, Seedlings
Flowers
Natural plants, Especially Plants grown on plant holders, and plants used in or grown in plant mats or plant cushions for creating privacy walls or steep slopes or hedges for building, sound-insulation wall, privacy wall, facade or gabion plantings
Turf
Nursery plants
Ground-covering groves
Ground-covering plant mats or plant cushions
None of the aforesaid goods belonging to the botanical genera Festolium, Zea, Agrostis, Dactylis, Festuca, Lolium, Phalaris, Phleum and Poa.
The mark was filed in class 43 with following description of goods:
Rental of transportable planted buildings of metal
Rental of transportable buildings of metal in the form of a wall or wall elements comprising plant containers
Rental of transportable buildings with plant containers
Rental of platforms with plant containers being transportable buildings.
The mark was filed in class 44 with following description of goods:
Agriculture, horticulture and forestry services
Plant care
Landscape architecture and landscape gardening, namely planning and development of the planting and/or populating with plants of transportable buildings of metal
Landscape architecture and landscape gardening, namely planning and development of transportable buildings of metal in the form of a wall or wall elements comprising plant containers and the planting and/or populating with plants thereof
Landscape architecture and landscape gardening, namely planning and development of transportable buildings with plant containers and the planting and/or populating with plants thereof
Landscape architecture and landscape gardening, namely planning and development of transportable platforms of metal with plant containers and the planting and/or populating with plants thereof
Populating with plants and care of transportable buildings of metal in the form of a wall or wall elements comprising plant containers with plants
Planning and development of building, sound-insulation wall, privacy wall, facade or gabion plantings and ground-covering plantings.