The trademark VentiDirect was filed by Climate City Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 21, 2022, and received one opposition filed on February 13, 2023 by Ventilatorenfabrik Oelde GmbH on Likelihood of confusion. the opponent was represented by KLEINER Rechtsanwälte PartG mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Metal materials for building and construction
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Metal hardware
Metal containers for storage or transportation
Fixing materials of metal, including the following products: suspension devices, Mounting rails, Hose clamps and Corner anchors
Grids, Covering caps, Drains and Valves of metal
Pipe, Ducts, tubing, Roof conduits and Hose and Fittings for the aforesaid goods, of metal
Parts for the aforesaid goods included in this class.
The mark was filed in class 7 with following description of goods:
Compressed air pilot valves
Air cleaners [air filters] for engines
Drives for ventilation flaps
Vacuum cleaner hoses
Filters for machines
Anti-pollution devices for motors and engines
Filters for cleaning cooling air, for engines
Fans for motors and engines of machines
Parts for the aforesaid goods, included in this class only for use in residential and commercial buildings.
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments, Research apparatus and instruments, Navigational apparatus and instruments, Surveying apparatus and instruments, Photographic apparatus and instruments, Cinematographic apparatus and instruments, Audio processing equipment, Optical apparatus and instruments, Weighing apparatus and instruments, Signalling apparatus and instruments, Testers and testing instruments, Controlling apparatus and instruments, salvage apparatus and instruments and Teaching apparatus and equipment
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Measuring, detecting, monitoring and controlling devices, including the following products: Thermostats, Commutators, Inverters, Transformers [electricity], Regulators, Sensors, control units and Meters for CO2 and particulate matter
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Computers and computer peripherals
Parts for the aforesaid goods included in this class.
The mark was filed in class 11 with following description of goods:
Apparatus for ventilating
Air cooling apparatus and appliances, Hot air apparatus, Apparatus for treating and humidifying air, Apparatus for depolluting the air and apparatus for controlling air, including the following products: Ventilating fans, Heat recovery systems, Air-conditioning systems, Air treatment systems and Air-handling units
Apparatus for air conditioning and climate control
Filters for the following products: Ventilating fans, Heat recovery systems, Air-conditioning systems, Air treatment systems and Air-handling units
Apparatus for depolluting the air, Air deodorising apparatus, Parts for the aforesaid goods included in this class
All goods only for use in residential and commercial buildings.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics in extruded form and resins for use in manufacture
Packing, stopping and insulating materials
Insulation articles and materials
Flexible hoses, not of metal, Flexible hoses and Flexible pipes and Fixtures for the aforesaid goods, Including valves, and Fittings, not of metal, for rigid pipes
Barrier articles and Barrier materials, including the following products: Adhesive bands, Tape, strip form, Tapes, Films and Lute
Parts for the aforesaid goods included in this class.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Buildings, transportable, not of metal
Pipe cigars, Pipes, channels, Roof conduits and Hoses, None being of metal, The aforesaid goods being rigid
Gratings, Covers, Drains, Valves, None being of metal
Parts for the aforesaid goods included in this class.
The mark was filed in class 20 with following description of goods:
Containers, and closures and holders therefor, non-metallic
Fastening materials, not of metal, including the following products: Plugs, Hanging brackets, Mounting rails, Clips and Anchors
Parts for the aforesaid goods, included in the class.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Common metals and their alloys, Ores, Metal materials for building and construction, Transportable constructions of metal, Non-electric cables and wires of common metal, Small items of metal hardware, Metal containers for storage or transport, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Fixing materials of metal, including the following goods: Hanging brackets, Rail assemblies, Hose clamps and Corner anchors, Toasters, Covering caps, Drains and Valves of metal, Pipe for smoking, Ducts, Shunts, Roof conduits, Tubes and Fittings for the aforesaid goods, of metal, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Air suction machines, Suction machines for industrial purposes, Compressed air engines, Air control valves, Air purifiers (air filters) for motors and engines, Drives for ventilation flaps, Blowing machines for the compression, exhaustion and transport of gases, Suction pumps, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Vacuum cleaner hoses, Vacuum cleaners for industrial purposes, Filters for machines, filters for motors and engines, Air filters for motors and engines, Fans for motors and engines of machines, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Scientific and teaching apparatus and instruments, research apparatus and instruments, Navigation instruments and apparatus, Surveying, photographic, Apparatus and instruments for photography, cinematographic instruments and apparatus, Audiovisual devices and Audiovisual instruments, Optical devices and Optical instruments, Weighing apparatus and instruments, Signalling instruments and devices, Testing apparatus and instruments, Inspection equipment and Inspection instruments, Life-saving apparatus and instruments and Teaching apparatus and instruments, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Measuring apparatus, Detection devices, Surveillance apparatus and Controller apparatus, including the following goods: And thermostats, Commutators, Convertors, transformers, regulators, sensors, Control units and Meters for CO2 and particulate matter, Recorded and downloadable media, Computer software, Blank digital or analogue recording and storage media, Computers and Computer peripherals, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Apparatus and installations for cooling, heating, treating, humidifying, purifying and regulating air, including the following goods: fans, Heat-recovery systems, Air-conditioning systems, Central air conditioning units and Air-handling units, Apparatus and installations for air conditioning and climate control, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Filters for the following goods: fans, Heat-recovery systems, Air-conditioning systems, Central air conditioning units and Air-handling units, Apparatus and installations for cleaning, deodorising and disinfecting air, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, Plastics in extruded form and resins for use in manufacture, Packing, stopping and insulation materials, Insulation articles and materials, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Flexible tubes, flexible hoses and flexible hosepipes and Fixtures for the aforesaid goods, Including valves and Fittings for rigid pipes, Mounting profiles, Barrier articles and barrier materials, including the following goods: Adhesive bands, Tapes, Strips, tyres, movies and lute, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Non-metallic building and construction materials, Transportable buildings (non-metallic), Rigid pipes, tubes, ducts, roof conduits and hoses, Mounting profiles, Toasters, Covering caps, Drains, Valves, Mounting profiles, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Containers, and closures and holders therefor, non-metallic, Fasteners, other than of metal , including the following goods: plugs (dowels), Hanging brackets, Rail assemblies, clips and Anchors, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Tools, Sealing preparations and tapes, Assembly material, Construction materials, Fixing materials
Provision of commercial information
Organisation of events for commercial and advertising purposes
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.