The trademark ORBIA was filed by Orbia Advance Corporation, S.A.B. de C.V., a corporation established under the laws of the United Mexican States (the "Applicant"). The application was published for oppositions on September 26, 2019, and received one opposition filed on December 23, 2019 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 23, 2019
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on June 14, 2021.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
Compositions for extinguishing and preventing fires
Tempering and soldering preparations
Substances for tanning animal skins and hides
Adhesives used in industry
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science.
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Dyes, colorants
Inks for printing, marking and engraving
Raw natural resins
Metals in foil and powder form for use in painting, decorating, printing and art.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Waxes
Lubricants
Dust absorbing, wetting and binding compositions
Fuels and lighting preparations
Candles and wicks for lighting.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Metal materials for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Metal containers for storage or transport
Safes.
The mark was filed in class 7 with following description of goods:
Machines used in the production of chemicals, petrochemicals, oil and petroleum
Machines and apparatus for processing plastics, Namely, Machine tools for PVC pipe systems and fittings
Catalysts for improving combustion, Namely, Performance enhancement parts for internal combustion engines in the form of fuel catalysts
Machine tools and power-operated tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components (except for land vehicles)
Agricultural implements, other than hand-operated hand tools
Incubators for eggs
Automatic vending machines.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment, computers
Computer software
Fire-extinguishing apparatus.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials, Therapeutic and assistance devices for disabled people
Massage apparatus
Apparatus, devices and articles for childcare
Sexual activity apparatus, devices and articles.
The mark was filed in class 11 with Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, including pipes being parts of sanitary facilities.
The mark was filed in class 17 with following description of goods:
Unwrought or semi-wrought rubber, gutta percha, gum, asbestos and mica and substitutes for all those materials
Plastics and resins in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible hoses, not of metal, including tubes of PVC, polyethylene and polypropylene.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic rigid pipes for building
Asphalt, pitch and bitumen
Non-metallic transportable buildings
Monuments, not of metal.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruit and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Import and export, wholesaling and retailing in shops and wholesaling and retailing via global communications networks, of chemical products for industry, science and photography, as well as for agriculture, horticulture and forestry
Fire extinguishing and fire prevention compositions
Tempering and soldering preparations
Substances for tanning animal skins and hides
Adhesives for use use in industry
Putties and other filler materials in paste form
Composts, Manures, Manures
Biological preparations for industry and science
Paints, Varnish, Lacquers
Preservatives against rust and against deterioration of wood
Colourants, Dyestuffs
Printer's ink, Marking ink and engraving ink
Natural resins (raw)
Metals in foil and powder form for use in painting, decorating, printing and art
Industrial oils and greases
Waxes
Lubricants
Dust absorbing, wetting and binding compositions
Fuels and illuminants
Candles and wicks for lighting
Common metals and their alloys, Ores of metal
Metal materials for building and construction
Transportable constructions of metal
Non-electric cables and wires of common metals
Small items of metal hardware
Metal containers for storage or transport
Safes
Machines used in the production of chemicals, petrochemicals, oil and petroleum
Machines and apparatus for processing plastics, Namely, Machine tools for PVC pipe systems and fittings
Catalysts for improving combustion, Namely, Performance enhancement parts for internal combustion engines in the form of fuel catalysts
Machine tools and mechanical tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components (except for land vehicles)
Agricultural implements, other than hand-operated hand tools
Incubators for eggs
Automatic dispensers
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accommodating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Cash register, Calculating machines, Data processing equipment, Computers
Computer software
Fire extinguishers
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eye and teeth
Orthopedic articles
Suture materials, Therapeutic and assistive devices adapted for the disabled
Apparatus for massage
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, including pipes being parts of sanitary facilities
Unprocessed and semiprocessed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics and resins in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible hoses, not of metal, including tubes of PVC, polyethylene and polypropylene
Construction materials (not of metal)
Non-metallic rigid pipes for buildings
Asphalt, pitch and bitumen
Transportable constructions, not of metal
Monuments, not of metal
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits and vegetables, Fresh garden herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt
Support services for the operation of a commercial company in the field of franchising.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
All of the aforesaid services relating to the fields of industrial manufacturing, precision agriculture, chemicals, building and infrastructure, technology and communication, and excluding financial advisory services related to investment, mutual funds and portfolio management.
The mark was filed in class 37 with Building construction and Repair and installation of drains and PVC pipe systems..
The mark was filed in class 40 with following description of goods:
Material treatment services in connection with recycling
Treatment of materials by laser beam
Treatment of materials for the manufacture of ceramic goods.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, as well as related research and design services
Industrial analysis and research services
Design and development of computer hardware and software.
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Hygiene and beauty care for humans or animals
Agriculture, horticulture and forestry services.
The mark was filed in class 45 with following description of goods:
Legal services
Security services for the physical protection of tangible property and individuals
Personal and social services rendered by others to meet the needs of individuals, Namely, Exploitation of intellectual property, Namely, Intellectual property licences, Technology licensing services, Namely, Patent licences and computer software licences
Professional legal consultancy in the field of franchising.