The trademark AQUAPOND was filed by AQUAPOND s.r.o., a corporation established under the laws of the Slovak Republic (the "Applicant"). The application was published for oppositions on March 26, 2023, and received one opposition filed on May 11, 2023 by BRENNTAG QUĂMICA, S.A. on Likelihood of confusion. the opponent was represented by INTERMARK PATENTES Y MARCAS, S.L.P. (ALSO TRADING AS LIDERMARK PATENTES Y MARCAS) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 11, 2023
The application was filed in Slovak, and Slovak was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003195846 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use in swimming pools
Chemicals for use in clearing water
Water treatment preparations
Chemicals for the treatment of irrigation water
Chemical compositions for water treatment
Biological water treatment preparations
Microorganisms for use in water treatment
Chemicals for use in cleaning water.
The mark was filed in class 11 with following description of goods:
Chlorinating units for water treatment
Ionization apparatus for the treatment of water
Water conditioning units
Water purification installations
Water purification units
Apparatus for decalcifying water.
The mark was filed in class 35 with following description of goods:
Retail services in relation to chemicals for use in horticulture
Retail services in relation to cleaning preparations
Retail services in relation to cleaning articles
Retail services in relation to sanitary installations
Retail services in relation to gardening articles
Retail services in relation to horticulture products
Retail services in relation to sanitation equipment
Retail services relating to horticultural equipment
Retail services in relation to chemicals for use in agriculture
Retail services in relation to water supply equipment
Retail services in relation to earthmoving equipment
Retail services in relation to agricultural equipment
Retail services in relation to hand-operated implements for construction
Retail services in relation to hand-operated tools for construction
Retail services in relation to domestic electronic equipment
Retail services relating to horticultural products
Wholesale services in relation to cleaning articles
Wholesale services in relation to cleaning preparations
Wholesale services in relation to domestic electronic equipment
Wholesale services in relation to heating equipment
Wholesale services in relation to sanitation equipment
Wholesale services in relation to chemicals for use in horticulture
Wholesale services in relation to chemicals for use in agriculture
Wholesale services in relation to horticulture products
Wholesale services in relation to water supply equipment
Wholesale services in relation to hand-operated tools for construction
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to sanitary installations.
The mark was filed in class 37 with following description of goods:
Swimming pool cleaning services
Hygienic cleansing [pools]
Swimming-pool maintenance
Construction of swimming pools
Repair and maintenance of swimming pools [structures], not of metal
Installation services of swimming pools [structures], not of metal.