The trademark 1 ONE DESIGNFENSTER was filed by BayWa AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2017, and received one opposition filed on July 5, 2017 by Hilliges Gipswerk GmbH & Co. KG on Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 5, 2017
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Building materials and building components of metal, ironmongery, small items of metal hardware, door fittings and door accessories, included in class 6
Unprocessed and semi-processed materials of metal, not specified for use
Metal hardware
Doors, gates, windows and window coverings of metal
Structures and transportable buildings of metal.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic), in particular concrete, tile and calcareous sandstone, including in the form of a composite material with plastics, roof tiles, including roof tiles of glass (not of metal), in particular mortar preparations and coatings (building materials) being systems of wood, including treated wood, in particular being parquet flooring, windows and doors being systems of wood, glass and plastic, floor tiles, not of metal, concrete paving, tiles for interiors, not of metal, in particular for sanitary purposes, and for the home
All materials being for professional use and of premium quality
Other than wooden wall cladding for use in building
None of the aforesaid goods including plaster, cement and fillers.