The trademark VOOLCAN was filed by JOENFA, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 5, 2023, and received one opposition filed on December 4, 2023 by Hess GmbH Licht + Form on Likelihood of confusion. the opponent was represented by PATENT- UND RECHTSANWALTSKANZLEI DAUB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 4, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Apparatus and installation for heating, cooling, steam generating, cooking, drying, ventilating and water supply purposes
Sanitary installations, water supply and sanitation equipment
Bath tubs
Shower pans
Wash-hand basins [parts of sanitary installations]
Bath screens
Shower bath installations
Taps and fittings
Sanitary and bathroom installations and plumbing fixtures
Electric lamps, not for street or public space lighting.
The mark was filed in class 19 with following description of goods:
Timber boarding
Boards made of wood particles
Veneered chipboard
Veneer wood
Wood sheeting
Boards made of wood particles
Wooden floor boards
Wooden floor boards
Non-metal floor panels
Parquet wood flooring
Wooden doors.
The mark was filed in class 20 with following description of goods:
Furniture
Furniture
Mirrors, picture frames
Containers, not of metal, for storage or transport
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber
Lounge furniture
Bedroom furniture
Seats
Stools
Tables
Sofas
Armchairs
Shelving units
Chests
Bathroom furniture
Furniture for kitchens
Garden furniture, outdoor furniture
Sun loungers
Easy chairs
Chaise longues
Doors for furniture
Wardrobe doors
Cushions
Decorative mirrors
Picture frames
Mobiles [decoration]
Decorative boxes made of wood or plastic
Statues, statuettes and works of art, and decorations made of materials including wood, wax, plaster or plastic
Wall decor of wood, of wax, Of gypsum or of plastic
Decorative baskets made of wood
Plaques (decorative wall -) [furniture] not of textile
Table centres [ornaments] made of wood.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Unworked or semi-worked glass (except glass used in building)
Articles of glassware, porcelain and earthenware
Vases
Statues, statuettes (figurines), plaques and works of art made of materials including porcelain, terracotta or glass
Figurines of porcelain, ceramic, earthenware, terra-cotta or glass
Decorative glass spheres
Porcelain articles for decorative purposes
Wall decorations of porcelain, Ceramic, Of terra cotta, Earthenware or of glass.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Linens
Curtains of textile or plastic
Linens
Bath linen
Towels of textile.
The mark was filed in class 27 with Carpets, rugs, mats and other materials for covering existing floors and Wall hangings, not of textile..
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration of commercial affairs
Office functions
Import and export services, Wholesaling and retailing in shops and Wholesaling and retailing via global communications networks in relation to the following goods: Apparatus and installation for heating, cooling, steam generating, cooking, drying, ventilating and water supply purposes, Sanitary installations, sanitary and water supply equipment, Baths, Shower trays, Lavatories, lavatory basins, Bath screens, Bath and shower devices, Taps [faucets], Sanitary apparatus, bathroom installations and plumbing articles, Electric lights not for street or public space lighting, Wood boards, Aggregates, Veneered chipboard, veneer wood, Wood sheeting, Compressed sheets, Floors, not of metal of wood, Floor boards [of wood], Floor panels, not of metal, Parquet, Wooden doors, furniture and furnishings, Mirrors (looking glasses), frames, Containers, not of metal, for storage or transport, Unworked or semi-worked bone, horn, whalebone or mother-of-pearl, Shell, Meerschaum, Yellow amber, Living-room furnishings, bedroom furnishings, Seats and stools, Tables, Sofas (settees), Shelves, Chests, not of metal, Bathroom furniture, Furniture for kitchens, Garden furniture, Furniture for outdoor use, Settees, Deck chairs [easy chairs], Chaise longues, furniture doors, Cupboard doors, cushions, decorative mirrors, Picture frames, Decorative mobiles, decorative boxes Of synthetic materials or of wood, Statues, statuettes and works of art, and decorations made of materials including wood, wax, plaster or plastic, Wall decorations of wood, Of wax, Plaster or Of synthetic materials, Decorative baskets made of wood, Decorative articles for walls and interior decoration, Not of textile material, Table centrepieces (decorations) of wood, Household or kitchen utensils and containers, Cookware and tableware, except forks, knives and spoons, Un-worked or semi-worked glass (except glass used in building), Glassware, porcelain and earthenware, Vases, Statues, figurines, plaques and works of art made of materials including porcelain, terra cotta or glass, Figurines of porcelain, ceramic, earthenware, terra-cotta or glass, Decorative glass spheres, decorative porcelain ware, wall decorations
Of porcelain, ceramic, earthenware, terra-cotta or glass, Textiles and substitutes for textiles, Household linen, Curtains of textile or of plastic, Linen, Swimwear, Towels, Rugs, carpets, Mats and matting, Linoleum and other materials for covering existing floors, Wall hangings not made of textile
Commercial management assistance in relation to franchises.
The mark was filed in class 42 with following description of goods:
Industrial analysis, industrial research and industrial design services
Design services
Exterior design services
None of the aforementioned services in relation to street or public space lighting