The trademark Folplast since 2002 was filed by Null RAFAŁ RÓŻAŃSKI ~FOLPLAST~, a national of the Republic of Poland (the "Applicant") and Null JANUSZ FIDOR ~FOLPLAST~, a national of the Republic of Poland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 10, 2022, and received one opposition filed on October 18, 2022 by Lajosmizsei Folplast Kft. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PINTZ & PARTNERS LLC and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003181208 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Packing machines and Packaging apparatus [machines]..
The mark was filed in class 17 with following description of goods:
Glass fiber electrical insulating tape
Impervious adhesive strips for ridge tiling
Masking tape
Adhesive masking tape
Masking tape for industrial use
Anti-vibration tape
Insulating bands
Weatherstrippings (non-metallic -)
Glazing tapes
Noise suppression strips [rubber]
Electrical insulating tape
Gap filling tapes
Glass retaining strips of rubber
Gaffer tape
Carpet seam tape
Foil tapes for insulation
Weather strips (non-metallic -) for doors
Pipe thread tapes for sealing
Weather strips (non-metallic -) for windows
Adhesive tapes for use with floor coverings
Adhesive tapes for use in securing carpets
Tapes (adhesive -) for electrical insulating purposes
Adhesive strips for use in industry
Impervious adhesive strips for valley channels
Adhesive tapes for use in securing floor coverings
Foil tapes for electromagnetic protection
Adhesive tapes, for technical purposes
Foil tapes for ventilation duct sealing
Foil tapes for heating duct sealing
Glass fibre strips for insulation purposes
Tapes of epoxy impregnated fibreglass for insulating
Draught excluders of foam rubber strips
Adhesive coated strips for use in manufacture
Carpet tape [other than for household use]
Masking films
Window masking films.
The mark was filed in class 35 with following description of goods:
Catalogue retail services in relation to adhesive tapes for use in securing floor coverings
Catalogue retail services in relation to foil tapes for electromagnetic protection
Catalogue retail services in relation to adhesive tapes, for technical purposes
Catalogue retail services in relation to foil tapes for ventilation duct sealing
Catalogue retail services in relation to foil tapes for heating duct sealing
Catalogue retail services in relation to glass fibre strips for insulation purposes
Catalogue retail services in relation to weatherstrippings (non-metallic -)
Catalogue retail services in relation to tapes of epoxy impregnated fibreglass for insulating
Catalogue retail services in relation to draught excluders of foam rubber strips
Catalogue retail services in relation to adhesive coated strips for use in manufacture
Catalogue retail services in relation to carpet tape [other than for household use]
Catalogue retail services in relation to masking films
Catalogue retail services in relation to window masking films
Catalogue retail services in relation to glass fiber electrical insulating tape
Catalogue retail services in relation to impervious adhesive strips for ridge tiling
Catalogue retail services in relation to masking tape
Catalogue retail services in relation to adhesive masking tape
Catalogue retail services in relation to masking tape for industrial use
Catalogue retail services in relation to anti-vibration tape
Catalogue retail services in relation to insulating bands
Catalogue retail services in relation to glazing tapes
Catalogue retail services in relation to noise suppression strips [rubber]
Catalogue retail services in relation to electrical insulating tape
Catalogue retail services in relation to gap filling tapes
Catalogue retail services in relation to glass retaining strips of rubber
Catalogue retail services in relation to gaffer tape
Catalogue retail services in relation to carpet seam tape
Catalogue retail services in relation to foil tapes for insulation
Catalogue retail services in relation to weather strips (non-metallic -) for doors
Catalogue retail services in relation to pipe thread tapes for sealing
Catalogue retail services in relation to weather strips (non-metallic -) for windows
Catalogue retail services in relation to adhesive tapes for use with floor coverings
Catalogue retail services in relation to adhesive tapes for use in securing carpets
Catalogue retail services in relation to tapes (adhesive -) for electrical insulating purposes
Catalogue retail services in relation to adhesive strips for use in industry
Catalogue retail services in relation to impervious adhesive strips for valley channels
Catalogue retail services in relation to packing machines
Catalogue retail services in relation to packaging apparatus [machines]
Online retail services in relation to glass fiber electrical insulating tape
Online retail services in relation to impervious adhesive strips for ridge tiling
Online retail services in relation to masking tape
Online retail services in relation to adhesive masking tape
Online retail services in relation to masking tape for industrial use
Online retail services in relation to anti-vibration tape
Online retail services in relation to insulating bands
Online retail services in relation to weatherstrippings (non-metallic -)
Online retail services in relation to glazing tapes
Online retail services in relation to noise suppression strips [rubber]
Online retail services in relation to electrical insulating tape
Online retail services in relation to gap filling tapes
Online retail services in relation to glass retaining strips of rubber
Online retail services in relation to gaffer tape
Online retail services in relation to carpet seam tape
Online retail services in relation to foil tapes for insulation
Online retail services in relation to weather strips (non-metallic -) for doors
Online retail services in relation to pipe thread tapes for sealing
Online retail services in relation to weather strips (non-metallic -) for windows
Online retail services in relation to adhesive tapes for use with floor coverings
Online retail services in relation to adhesive tapes for use in securing carpets
Online retail services in relation to tapes (adhesive -) for electrical insulating purposes
Online retail services in relation to adhesive strips for use in industry
Online retail services in relation to impervious adhesive strips for valley channels
Online retail services in relation to adhesive tapes for use in securing floor coverings
Online retail services in relation to foil tapes for electromagnetic protection
Online retail services in relation to adhesive tapes, for technical purposes
Online retail services in relation to foil tapes for ventilation duct sealing
Online retail services in relation to foil tapes for heating duct sealing
Online retail services in relation to glass fibre strips for insulation purposes
Online retail services in relation to tapes of epoxy impregnated fibreglass for insulating
Online retail services in relation to draught excluders of foam rubber strips
Online retail services in relation to adhesive coated strips for use in manufacture
Online retail services in relation to carpet tape [other than for household use]
Online retail services in relation to masking films
Online retail services in relation to window masking films
Online retail services in relation to packing machines
Online retail services in relation to packaging apparatus [machines]
Retail services in relation to glass fiber
Retail services in relation to electrical insulating tape
Retail services in relation to impervious adhesive strips for ridge tiling
Retail services in relation to masking tape
Retail services in relation to adhesive masking tape
Retail services in relation to masking tape for industrial use
Retail services in relation to anti-vibration tape
Retail services in relation to insulating bands
Retail services in relation to weatherstrippings (non-metallic -)
Retail services in relation to glazing tapes
Retail services in relation to noise suppression strips [rubber]
Retail services in relation to electrical insulating tape
Retail services in relation to gap filling tapes
Retail services in relation to glass retaining strips of rubber
Retail services in relation to gaffer tape
Retail services in relation to carpet seam tape
Retail services in relation to foil tapes for insulation
Retail services in relation to weather strips (non-metallic -) for doors
Retail services in relation to pipe thread tapes for sealing
Retail services in relation to weather strips (non-metallic -) for windows
Retail services in relation to adhesive tapes for use with floor coverings
Retail services in relation to adhesive tapes for use in securing carpets
Retail services in relation to tapes (adhesive -) for electrical insulating purposes
Retail services in relation to adhesive strips for use in industry
Retail services in relation to impervious adhesive strips for valley channels
Retail services in relation to adhesive tapes for use in securing floor coverings
Retail services in relation to foil tapes for electromagnetic protection
Retail services in relation to adhesive tapes, for technical purposes
Retail services in relation to foil tapes for ventilation duct sealing
Retail services in relation to foil tapes for heating duct sealing
Retail services in relation to glass fibre strips for insulation purposes
Retail services in relation to tapes of epoxy impregnated fibreglass for insulating
Retail services in relation to draught excluders of foam rubber strips
Retail services in relation to adhesive coated strips for use in manufacture
Retail services in relation to carpet tape [other than for household use]
Retail services in relation to masking films
Retail services in relation to window masking films
Retail services in relation to packing machines
Retail services in relation to packaging apparatus [machines]
Wholesale services in relation to glass fiber electrical insulating tape
Wholesale services in relation to impervious adhesive strips for ridge tiling
Wholesale services in relation to adhesive bands, other than stationery and not for medical or household purposes
Wholesale services in relation to masking tape
Wholesale services in relation to adhesive masking tape
Wholesale services in relation to masking tape for industrial use
Wholesale services in relation to anti-vibration tape
Wholesale services in relation to insulating bands
Wholesale services in relation to weatherstrippings (non-metallic -)
Wholesale services in relation to glazing tapes
Wholesale services in relation to noise suppression strips [rubber]
Wholesale services in relation to electrical insulating tape
Wholesale services in relation to gap filling tapes
Wholesale services in relation to glass retaining strips of rubber
Wholesale services in relation to gaffer tape
Wholesale services in relation to carpet seam tape
Wholesale services in relation to foil tapes for insulation
Wholesale services in relation to weather strips (non-metallic -) for doors
Wholesale services in relation to pipe thread tapes for sealing
Wholesale services in relation to weather strips (non-metallic -) for windows
Wholesale services in relation to adhesive tapes for use with floor coverings
Wholesale services in relation to adhesive tapes for use in securing carpets
Wholesale services in relation to tapes (adhesive -) for electrical insulating purposes
Wholesale services in relation to adhesive strips for use in industry
Wholesale services in relation to impervious adhesive strips for valley channels
Wholesale services in relation to adhesive tapes for use in securing floor coverings
Wholesale services in relation to foil tapes for electromagnetic protection
Wholesale services in relation to adhesive tapes, for technical purposes
Wholesale services in relation to foil tapes for ventilation duct sealing
Wholesale services in relation to foil tapes for heating duct sealing
Wholesale services in relation to glass fibre strips for insulation purposes
Wholesale services in relation to tapes of epoxy impregnated fibreglass for insulating
Wholesale services in relation to draught excluders of foam rubber strips
Wholesale services in relation to adhesive coated strips for use in manufacture
Wholesale services in relation to carpet tape [other than for household use]
Wholesale services in relation to masking films
Wholesale services in relation to window masking films
Wholesale services in relation to packing machines
Wholesale services in relation to packaging apparatus [machines].