The trademark VPH VOSGES PIN-HÊTRE INDUSTRIES was filed by VOSGES PIN HÊTRE INDUSTRIES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 28, 2020, and received one opposition filed on September 27, 2020 by VGH Viktoria Garten Hüttenindustriebedarf GmbH on Likelihood of confusion. the opponent was represented by Stoffregen, Hans-Herbert and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed manuals, Printed workbooks, Printed professional training manuals
Printed plans
Architects' plans
Architectural plans
Building plans, including for houses of wood, buildings of wood, duplex houses of wood, kiosks of wood
Construction plans, including for constructions of wood
Plans for houses, buildings, commercial buildings, office buildings
Printed user manuals
Printed operating instructions
Printed workbooks
Printed assembly instructions
Paper, cardboard and goods made from the aforesaid materials not included in other classes, namely drawing paper, envelopes of papers, labels of paper, boxes of cardboard, pouches of paper
Printed matter
Posters
Notebooks
Notepads
Bookmarkers
Books
Prospectuses
Printed publications
Name badges [office requisites]
Paper banners
Tracing patterns
Tracing paper
Placards of paper or cardboard
Photographs [printed]
Graphic prints
Graphic reproductions
Drawings
Visiting cards
Greeting cards
Catalogues
Envelopes
Drafting rulers
Models, namely architectural plans of paper or cardboard
Marking chalk
Sketch pads
Drawing pens
Pencils
Fountain pens.
The mark was filed in class 17 with following description of goods:
Soundproofing materials for buildings
Insulating buildings against moisture (Substances for -)
Insulating materials used in construction
Insulation used in construction
Insulating bands used in construction
Insulating plaster for building
Packing, insulating, waterproofing materials used in construction
Draught excluders for use in construction
Weatherstripping compositions for use in building
Non-conducting materials for retaining heat for building
Bark coverings for sound insulation for use in construction
Waterproof packings for use in construction
Sealants for joints
Semi-processed plastics
Insulating paper
Membranes, screeds and gaskets for packing, waterproofing and stopping
Compositions to prevent the radiation of heat
Insulating refractory materials for use in construction
Padding materials of rubber or plastics
Acrylic resins [semi-finished products]
Resins (Synthetic -) [semi-finished products]
Resins (Synthetic -) [semi-finished products]
Waterproofing coatings for use in construction
Duct tapes
Self-adhesive tapes, other than stationery and not for medical or household purposes
Adhesive bands, other than stationery and not for medical or household purposes
Packing [cushioning, stuffing] materials of rubber or plastics.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Building timber and semi-worked timber, Including wood rafters, Wood planks, Panels of wood for building
Wood for building
Building timber
Veneer wood
Sawn timber
Manufactured timber
Wood, semi-worked
Wood for the manufacture of construction parts for use in homes
Mouldable wood
Wood panelling
Veneers
Buildings not of metal, including buildings of wood
Non-metallic transportable buildings
Transportable non-metallic structures, Including building structures of wood
Floor boards [of wood]
Non-metallic building materials, Including lumber, Wood, semi-worked, Manufactured timber, Veneer wood, Plywood, Wood for building, Wood panelling
Prefabricated houses (kits), not of metal
Prefabricated houses [kits] of wood
Plywood for building purposes
Walls (Non-metallic -)
Low walls not of metal
Walls of wood
Low walls of wood
Shelters (Non-metallic -)
Sheds of wood
Canopies, not of metal
Canopies of wood
Lean-to not of metal
Lean-to of wood
Reinforcing materials, not of metal, for building
Reinforcing materials of wood, for building
Porticos (Non-metallic -)
Pergolas (Non-metallic -)
Conservatories of wood
Pergolas of wood
Porches, not of metal, for building
Porches (structures) of wood
Garden sheds and huts (construction) not of metal
Garden sheds and huts (construction) of wood
Greenhouses (transportable) and greenhouse frames, not of metal
Transportable greenhouses and greenhouse frames of wood
Non metallic arbours
Arbours of wood
Ponds (non-metallic constructions)
Screens and screen walls not of metal
Screens and screen walls of wood
Fences, not of metal
Wooden fencing
Sidewalls (Non-metallic -)
Wooden partitions
Palisading, not of metal
Palisades of wood
Sheet piles, not of metal
Building panels and partitions, not of metal
Panels and partition walls of wood for construction
Acoustic panels, not of metal
Door panels, not of metal
Wooden door panels
Railings and bars for railings not of metal
Non-metal gates
Wooden gates
Staircases and foldable staircases not of metal
Staircases and foldable staircases of wood
Stair-treads [steps], not of metal
Doors and windows not of metal
Wooden doors and windows
Non-metal window frames
Non-metal window frames
Door casings, not of metal
Door casings, not of metal
Door casings, not of metal
Door casings, not of metal
Folding doors, not of metal
Folding doors, not of metal
Jalousies, not of metal
Latticework, not of metal
Wood paving
Ceilings, not of metal
Parquet flooring and parquet boards of wood
Non-metal roofing
Ceiling boards of wood
Parquet flooring and floorboards of wood
Roofing of wood
Roofing, not of metal, incorporating solar cells
Framework for building, not of metal
Timber frames for use in building
Hips for roofing
Hips for roofing
Chimneys, not of metal
Gutters (Roof -), not of metal
Gutters (Roof -), not of metal
Non-metal cornices
Non-metal roof coverings
Arbours [structures not of metal]
Arbours (structures of wood)
Balusters (Non-metallic -)
Fences, not of metal
Balustrading of wood
Non-metal stair rails
Railings, not of metal
Reinforcing materials, not of metals, for building
Frames, not of metal, for building
Non-metal cornices
Angle irons, not of metal
Roof flashing, not of metal
Slabs, not of metal, for building
Laths, not of metal
Non-metal wainscotting
Lintels, not of metal
Masts [poles], not of metal
Building panels, not of metal
Facings, not of metal, for building
Wall claddings, not of metal, for building
Non-metal posts, Non-metal beams, Joists, not of metal and profiles, namely deck profiles, profiles with thermic isolation, Drainage profiles, Not of metal
Scaffolding, not of metal
Pillars, not of metal, for building
Posts of wood for construction
Bituminous products for building
Bitumen
Bituminous membranes
Building cardboard [asphalted]
Coatings [building materials]
Bituminous coatings for roofing
Asphalt
Tarred strips for building
Felt for building
Tar
Insulating glass [building]
Building glass
Window glass, for building
Bagasses of cane (Agglomerated -) [building material]
Roofing slates
Furrings of wood
Huts of wood
Shingles for construction
Landscaping edgings of wood
Non-luminous and non-mechanical bollards of wood
Bricks
Bricks of wood
Soundproof booths, transportable, not of metal
Floorboards
Wall tiles, not of metal, for building
Wood pulp board for building
Building cardboard
Lime
Cement
Water-pipe valves, not of metal or plastic
Shuttering, not of metal, for concrete
Water-pipes, not of metal
Ducts, not of metal, for ventilating and air-conditioning installations
Refractory construction materials, not of metal
Manhole covers, not of metal
Paving slabs, not of metal
Brackets, not of metal, for building
Props, not of metal
Shoring struts, not of metal
Props of wood
Shoring struts of wood
Props, not of metal
Geotextiles
Plate glass [windows] for building
Tar (building material)
Tar
Gravel
Chipboard for construction
Agglomerated cork for building
Grouting materials
Mosaics for building
Moldings, not of metal, for building
Screens (Insect -) not of metal
Rubber bearings for seismic isolation of buildings
Plaster
Pitch
Floating docks, not of metal, for mooring boats
Floating docks of wood for mooring boats
Platforms, prefabricated, not of metal
Prefabricated platforms of wood
Linings, not of metal, for building
Cladding, not of metal, for building
Reeds for building
Wood, Including beech and pine for construction
Sand, except foundry sand
Sills, not of metal
Bicycle parking installations, not of metal
Outdoor blinds, not of metal and not of textile
Outdoor blinds of wood
Turnstiles, not of metal
Railway sleepers, not of metal
Casement windows, not of metal
Energy marketing based on wood and wood waste
Energy marketing based on photovoltaic panels.
The mark was filed in class 36 with following description of goods:
Real estate affairs
Promotion of real-estate projects (financing)
Land development, Namely land acquisition for the installation of utilities thereon before the rental thereof or the construction of residential buildings
Arranging letting of real estate
Leasing of land
Real estate management
Financial sponsorship
Real estate brokerage
Real-estate valuations
Real-estate valuations
Real estate agency.
The mark was filed in class 37 with following description of goods:
Construction services
Construction of permanent structures, buildings, roads and bridges
Construction of residential buildings, office buildings, school buildings, hospital buildings, hotel buildings, of wood
Installation of constructions, including constructions of wood
Assembly and installation of structures of wood
Cabinet making [repair]
Construction and installation of building extensions
Construction and installation of building elevations
Foundation contractor services
Construction of houses of wood
Constructing decks
Constructing sunrooms
Construction of residential building zones
Construction of commercial building zones
Construction of office building zones
Assembly and installation of prefabricated buildings [kits] not of metal, including of wood
Installation services of timber boarding, flooring made of wood, Prefabricated ceilings of wood, roofing of wood, frameworks of wood [kits]
Building construction information
Repair, servicing and maintenance of buildings of wood
Repair, servicing and maintenance of constructions of wood
Real estate construction supervision
Painting, plastering, plumbing, roofing
Building sealing
Insulation, sealing, soundproofing and consolidation of foundations and buildings
Demolition of buildings
Rental of construction equipment
Cleaning of homes, buildings (outer surfaces) and windows
Scaffolding
Fitting out of building interiors (construction), equipping (fitting, installation), maintenance and repair of buildings and real estate in the context of construction
Servicing, renovation and repair of structure and building facades
Fitting-out, equipping, maintenance and repair of structures and buildings
Contracting, delegated contracting and project management, namely building construction supervision
Repair and maintenance of technical heating, ventilating, air conditioning and fire detection installations, security systems
Insulation services
Property construction services
Electricity works, paper hanging
Masonry
Joinery [repair]
Construction, maintenance and repair of thermal insulation systems
Insulation of roofing, ceilings and interior and exterior walls
Installation, maintenance and repair of apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, sanitary purposes, electrical apparatus for air cooling, air conditioning, air conditioning instruments, hot air apparatus, air reheaters, heat accumulators
Installation, maintenance and repair of apparatus for generating photovoltaic or solar electricity and energy
Installation, maintenance and repair of energy generating apparatus via wood combustion
Installation of solar powered systems
Installation of electrical and generating machinery
Repair and maintenance of electricity generators
Installation of photovoltaic modules and cells
Installation, maintenance and repair of ovens, boilers and wood burning stoves
Information and consultancy relating to the construction of energy generating and distribution installations
Information and consultancy relating to the installation, maintenance, repair and renovation of energy generating and distributing installations and apparatus, and equipment relating to these activities
Information and consultancy relating to the installation, maintenance and repair of apparatus for generating photovoltaic or solar electricity and energy
Repair, servicing and maintenance of electrical installations, energy storage facilities, energy installations
Fire alarm installation and repair
Installation and repair of gas leak warning devices
Installation of water pipes
Construction works for the design of plots of land, roofs and attics
Outsourcing in the field of plumbing, painting, electric installations, masonry, plastering, paper hanging, and repair of woodwork
Cleaning of building interiors and exteriors or windows
Disinfecting
Painting and coating of interior and exterior walls
Painting of metal surfaces to prevent corrosion
Installation of windows
Tiling, Bricklaying, Laying of breeze blocks and installation of partition walls of wood
Renovation and restoration of buildings
Carpentry services
Asbestos removal
Rental of building scaffolding, working or construction platforms
Rental of construction and building equipment
Covering of walls, roofing with zinc and cladding elements
Installation of utilities in construction sites
Building consultancy.
The mark was filed in class 40 with following description of goods:
Treatment of materials namely timber preservation via autoclave, tempering, spraying and dipping
Information relating to wood-based energy production
Information relating to energy production based on photovoltaic panels
Manufacture of prefabricated buildings [kits] not of metal, including those of wood
Custom manufacture of prefabricated panels of wood, flooring of wood, ceilings of wood, roofing of wood, prefabricated frameworks of wood [kits].
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Arranging and conducting of training workshops, including in the field of construction of wood buildings and of forestry
Arranging and conducting of colloquiums, including in the field of construction of wood buildings and of forestry
Arranging and conducting of seminars, including in the field of construction of wood buildings and of forestry
Arranging and conducting of conferences
Arranging and conducting of congresses, including in the field of construction of wood buildings and of forestry
Correspondence courses, including in the field of construction of wood buildings and of forestry
Correspondence courses, including in the field of construction of wood buildings and of forestry
Vocational guidance [education or training advice], including in the field of construction of wood buildings and of forestry
Publication of books, including relating to the field of construction of wood buildings and of forestry
Publication of texts other than advertising texts, including in the field of construction of wood buildings and of forestry
Online publication of electronic books and journals, including in the field of construction of wood buildings and of forestry
Providing on-line publications (not downloadable)
Library services
Amusement parks, including those with a wood and forestry theme
Rental of sports grounds
Rental of stadium facilities
Camp services (Holiday -) [entertainment]
Sport camp services
Organisation of exhibitions for cultural or educational purposes, including relating to the field of construction of wood buildings and of forestry
Practical training [demonstration], including relating to the field of construction of wood buildings and of forestry
Training services provided via simulators
Botanic gardens services
Rental of wooden toys and playthings
Games equipment rental
Museum facilities (Providing -) [presentation, exhibitions]
Tutoring.
The mark was filed in class 42 with following description of goods:
Architectural services
Interior design
Architectural consultation
Design of wooden buildings (architecture)
Construction drafting, including for the construction of wood buildings
Urban planning
Conducting technical project studies
Design services for the interior of buildings
Quality evaluation of standing timber
Quantity surveying
Evaluation, appraisals and research in the fields of science and technology, including in the field of forestry and construction of wood buildings, provided by engineers
Planning of construction, including construction of wood buildings
Technical appraisals relating to the design of buildings (engineering)
Land surveying
Energy auditing
Quality control and authentication in the field of construction of wood buildings
Engineering in the field of construction of wood buildings
Research in the field of building construction
Research in the field of environmental protection
Styling [industrial design] relating to the construction of real estate
Construction engineering
Monitoring and evaluation of energy installations.