The trademark Schmith Die Technik was filed by Schmith Polska S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 2, 2023, and received one opposition filed on October 30, 2023 by Unilever IP Holdings B.V. on Likelihood of confusion. the opponent was represented by BAKER & MCKENZIE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 30, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 15, 2023.
Goods And Services
The mark was filed in class 1 with following description of goods:
Detergents for use in manufacture and industry
Putties, and fillers and pastes for use in industry
Filtering materials [chemical, mineral, vegetable and other unprocessed materials]
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Starches for use in manufacturing and industry
Salts for industrial purposes
Chemical substances, chemical materials and chemical preparations, and natural elements
Unprocessed plastics
Unprocessed artificial and synthetic resins
Glaziers' putty
Adhesives for use in industry
Compost
Peat containing trace elements for use as a compost
Fire extinguishing compositions
Fire extinguishing preparations
Fire-extinguishing compositions, in particular fire-extinguishing foams
Brake fluid
Antifreezing liquids
Chemical preparations having antistatic properties
Refrigerants
Vulcanizing preparations
Fireproofing preparations
Solvents for lacquers
Chemical preparations for use as solvents
Vitamins for the food industry
Vitamins for use in the manufacture of food supplements.
The mark was filed in class 6 with following description of goods:
Metal hardware
Doors, gates, windows and window coverings of metal
Structures and transportable buildings of metal
Building and construction materials and elements of metal
Containers, and transportation and packaging articles, of metal
Statues and works of art of common metals
Iron wire
Non-electric wires of common metal
Chains of metal
Safety chains of metal
Non-electric cables and wires of common metal
Reinforcing materials of metal for building
Sheets and plates of metal
Door frames of metal
Stops of metal
Metal cladding
Sleeves [metal hardware]
Building panels of metal
Acoustic panels of metal
Tile floorings of metal
Roof flashing of metal
Manhole covers of metal
Tubes of metal
Tanks of metal
Packaging, wrapping and bundling articles, of metal
Storage containers of metal
Tool storage containers of metal [empty].
The mark was filed in class 7 with following description of goods:
Current generators
Emergency and rescue machines and machine tools
Machines and machine tools for treatment of materials and for manufacturing
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Pumps, compressors and blowers
Industrial robots
Jaws of life [powered rescue shears]
Moving and handling equipment
Sweeping, cleaning, washing and laundering machines
Dispensing machines
Combustion engines for machines
Electric driving motors for machines
Electric motors, and their parts, not for land vehicles
Motors, other than for land vehicles
Drive mechanisms
Transmission shafts for machines
Driving devices for machines
Power operated tools
Process control units [hydraulic]
Process control units [mechanical]
Process control units [pneumatic]
Process control instruments [hydraulic]
Process control instruments [mechanical]
Pneumatic controls for machines, motors and engines
Hydraulic controls for machines, motors and engines.
The mark was filed in class 8 with following description of goods:
Emergency and rescue hand tools
Lifting tools
Hand-operated hygienic and beauty implements for humans and animals
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Cutlery, kitchen knives, and cutting implements for kitchen use.
The mark was filed in class 9 with following description of goods:
Security alarms
Fire alarms
Burglar alarms
Batteries for vehicles
Breathalyzers
Alcoholmeters
Ammeters
Cameras [photography]
Eyewear
Optical measuring components
Computer software applications, downloadable
Solar batteries
Batteries for electronic cigarettes
Batteries, electric, for vehicles
Boots for protection against accidents, irradiation and fire
Electric sensors
Optical fibre sensors
Measuring sensors
Light-emitting diodes [LED]
Quantum dot light-emitting diodes [QLED]
Organic light-emitting diodes [OLED]
Electric diodes
Wires, electric
Telephone wires
Signal bells
Alarm bells
Fire blankets
Survival blankets
Clothing for protection against accidents, irradiation and fire
Diagnostic apparatus, not for medical purposes
Monitoring instruments
Apparatus for measuring, monitoring and analyzing electricity consumption
Data loggers and recorders
Job performance recorders
Optical apparatus and instruments
Laboratory apparatus and instruments
Multimedia apparatus and instruments
Navigation apparatus and instruments
Optical communications instruments
Alarms and warning equipment
Measuring devices.
The mark was filed in class 11 with following description of goods:
Light sources of electro luminescence
Electric indoor lighting installations
Outdoor electrical lighting fixtures
Electric fiber lighting apparatus
Indoor fluorescent lighting fixtures
Halogen luminaires
Electrical lamps for indoor lighting
Electrical lamps for outdoor lighting
LED lamps
Solar powered lamps
Searchlights
LED flashlights
Lamp holders
Luminaires
Garden lighting
Reflector lamps
Lighting apparatus and installations
Incandescent light bulbs
LED light bulbs
Refrigerating installations
Regulating accessories for water or gas apparatus and pipes
Regulating and safety accessories for water and gas installations
Sanitary and bathroom installations and plumbing fixtures
Bath fittings
Electric water purification filters for household purposes
Filters for air purifiers
Filters for water purifiers
Water filters
Air filters
Apparatus for filtering drinking water
Cooling appliances and installations
Cooling apparatus and appliances
Combinations of refrigerators and freezers
Refrigerating cabinets
Cooling apparatus
Automatic temperature regulators [valves] for central heating radiators
Central heating radiators
Sterilization, disinfection and decontamination equipment
Cooking apparatus and installations
Apparatus and installations for ventilating
Drying installations.
The mark was filed in class 16 with following description of goods:
Printed matter, and stationery and educational supplies
Decoration and art materials and media
Arts, crafts and modelling equipment
Paper and cardboard
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Office stationery
Writing and stamping implements
Writing stationery
Pamphlets
Printed informational sheets
Printed stationery
Printed training materials
Catalogues
Desk baskets for desk accessories
Archival storage pages
Writing materials
Printing and bookbinding equipment
Educational and instructional material
Stationery
Diaries
Paper stationery
Folders for papers
Printed packaging materials of paper
Plastic film for packaging
Packing cardboard
Cartons of cardboard for packaging
Packaging materials
Plastic materials for packaging
Cardboard packaging
Plastic wrap
Carrying cases made of paper
Containers of paper for packaging purposes
Bags made of plastics for packaging
Plastic bags for wrapping and packaging
General purpose plastic bags
Garbage bags of paper or of plastics.
The mark was filed in class 17 with following description of goods:
Insulation and barrier articles and materials
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Seals, sealants and fillers
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic
Shock-absorbing and packing materials, vibration dampers
Tire restoration and repair materials
Membranes and semi-processed synthetic filtering materials
Adhesive tapes, strips, bands and films
Extruded plastics in the form of sheets for use in manufacture
Extruded plastics in the form of tubes for use in manufacture
Extruded plastics in the form of blocks for use in manufacture.
The mark was filed in class 18 with following description of goods:
Walking sticks
Umbrellas and parasols
Luggage, bags, wallets and other carriers
Saddlery, whips and apparel for animals
Card holders made of imitation leather
Imitation leather
Moleskin [imitation of leather]
Harness fittings
Girths of leather
Straps made of imitation leather
Boxes of leather or leatherboard
Travel luggage
Travel baggage
Folio cases
Key cases
Card wallets [leatherware]
Card cases [notecases]
Cases of imitation leather
Vanity cases, not fitted
Cosmetic cases sold empty
Trunks and suitcases
Compression cubes adapted for luggage
Rucksacks
Multi-purpose purses
Leather wallets
Pouches for holding make-up, keys and other personal items
Saddlebags
Briefcases and attache cases
Bags
Carriers for suits, shirts and dresses
Handbags, purses and wallets
Suitcases
Muzzles
Collars for animals
Covers and wraps for animals
Pet leads.
The mark was filed in class 19 with following description of goods:
Doors, gates, windows and window coverings, not of metal
Structures and transportable buildings, not of metal
Building and construction materials and elements, not of metal
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Spackling compound
Wood moldings
Wooden profiles
Mouldable wood.
The mark was filed in class 21 with following description of goods:
Articles for the care of clothing and footwear
Household utensils for cleaning, brushes and brush-making materials
Cosmetic, hygiene and beauty care utensils
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Tableware, cookware and containers
Gardening gloves
Planters of earthenware
Planters of clay
Planters of glass
Planters of plastic
Flower pots
Nozzles for hosepipes
Watering cans
Flower baskets
Holders for flowers and plants [flower arranging]
Saucers for flower pots
Compost containers for household use
Containers for flowers
Sprinklers
Holders for flowers
Garden syringes
Indoor terrariums [plant cultivation]
Flower pot holders
Vases
Watering devices.
The mark was filed in class 22 with following description of goods:
Ropes, strings, slings, and bands
Padding and stuffing materials
Raw textile fibers and substitutes
Tarpaulins, awnings, tents, and unfitted coverings and liners
Nets
Bags and sacks for packaging, storage and transport
Sails.
The mark was filed in class 25 with following description of goods:
Clothing
Shoes
Hats
Parts of clothing, footwear and headgear.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Sporting and physical exercise equipment
Fairground and playground apparatus.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Administrative processing and organising of mail order services
Providing consumer product information via the Internet
Providing consumer information relating to goods and services
Arranging of commercial and business contacts
Mediation of contracts for purchase and sale of products
Arranging and conducting business fairs
Trade show and exhibition services
Personnel management consultancy
Consultancy of personnel recruitment
Business management and enterprise organization consultancy.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Excavation services, and extraction of natural resources
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance