The trademark PRAXESS was filed by GROUPE ADEO, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 3, 2008, and received one opposition filed on October 13, 2008 by Praxis, Doe-Het-Zelf Center B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 2008
The application was filed in French, and French 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 June 7, 2009.
Goods And Services
The mark was filed in class 2 with following description of goods:
Colorants, paints and varnishes (except for insulating varnishes), lacquers (paints)
Preservatives against rust and against deterioration of wood
Colorants
Mordants (not for metals or for seeds)
Raw natural resins
Metals in foil and powder form for painters, decorators, printers and artists
Coatings (paints)
Paint thinners.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Materials of metal for railway tracks
Non-electric cables and wires of common metal
Locks [other than electric] of metal, small items of metal hardware
Screws, bolts and nails
Pipes and tubes of metal
Safes
Ores
Boxes, chests and containers of metal, not included in other classes
Buildings of metal
Scaffoldings of metal
Works of art, statues or figurines (statuettes) of common metal
Chimneys of metal and spare parts of metal for chimneys.
The mark was filed in class 7 with following description of goods:
Machines and machine tools for DIY and gardening
Portable electric tools (machines) for DIY, in particular scrapers, planing machines, rippers, grinding machines, drills, punching machines, drilling machines, sanders, electric planing machines, electric saws (machines), electric glue guns, electric screwdrivers and screw removers, cutting blow pipes, gas-operated, soldering blow pipes, gas-operated
Machines and machine tools for construction and public works
Machines and machine tools for working metal, wood or plastic
Packaging and packing machines
Machines and machine tools for the textile industry
Motors and engines (except for land vehicles)
Machine couplings (non-electric) and transmission components (except for land vehicles)
Agricultural implements other than hand-operated
Pumps (machines)
Washing apparatus
Cleaning apparatus and machines
Cleaning robots for swimming pools
Electrical appliances for domestic cleaning purposes.
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand-operated) for DIY and gardening, in particular nail punches and pin punches, wood chisels, spanners (hand tools), ratchets (hand tools), screw feeders, files and rasps (tools), hammers (hand tools), graving tools (hand tools), nail drawers (hand tools), hand drills (hand tools), pliers, glue guns (hand tools), centre punches (hand tools), hand planes, scrapers (hand tools), handsaws (hand tools), bow saws, saw blades, gimlets (hand tools), drill holders (hand tools), bits (parts of hand tools), taps (hand tools) and dies (hand tools), nail extractors, screwdrivers, shears, trowels (gardening), tree pruners, shovels (hand tools), pickaxes
Cutlery, non-electric
Side arms
Razors.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Air conditioning apparatus and installations
Electric pocket torches
Taps, except taps for casks of metal and not of metal.
The mark was filed in class 16 with following description of goods:
Paper and cardboard (untreated, semi-finished or for stationery or printing)
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Drawing instruments
Paint brushes
Paint brushes
House painters' rollers
Wrapping paper
Bags (envelopes, pouches) of paper or plastics, for packaging
Bubble packs (plastic-) (for wrapping or packaging)
Boxes of cardboard or paper
Cardboard articles.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic), not including acoustic ceilings, panels and boards as well as parts and fittings to acoustic ceilings, panels and boards
Non-metallic rigid pipes for building
Sand (except foundry sand), gravel, asphalt, pitch and bitumen
Non-metallic transportable buildings
Monuments, not of metal
Non metallic buildings
Fences, gratings, posts, railings, pergolas and gates, not of metal
Scaffolding, not of metal
Chimneys, not of metal, and component parts therefor