EUTM file information

005652681

FEUER-SMART

January 29, 2007

Trademark Summary

The trademark FEUER-SMART was filed by MARK3 GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 2, 2007, and received one opposition filed on November 28, 2007 by BMI GROUP UK LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Trade Mark Owners Assoc Limited and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 28, 2007

The application was filed in German, and German was also language of all opposition proceedings (Italian was selected as the second language).

Change of name and professional address of the trademark registration was recorded on January 20, 2008.

Goods And Services

  • The mark was filed in class 6 with following description of goods:
    1. Common metals and their alloys
    2. Goods of common metal, included in class 6, in particular building materials and fittings of metal, reinforcing materials of metal, fittings of metal, iron wire, metals foils and wall linings of metal
    3. Transportable buildings and building elements of metal
    4. Non-electric cables and wires of common metal.
  • The mark was filed in class 17 with following description of goods:
    1. Rubber, gutta-percha, gum, asbestos, and goods made therefrom, including semi-finished goods, included in class 17
    2. Plastics in extruded form for use in manufacture, included in class 17
    3. Sealing compositions, in particular for expansion joints
    4. Insulating paints
    5. Insulating varnish
    6. Soundproofing materials
    7. Woven, knitted and non-woven textiles for insulation purposes
    8. Plastic film other than for wrapping
    9. Insulating plaster
    10. Metal foil for insulation
    11. Dielectrics.
  • The mark was filed in class 19 with following description of goods:
    1. Building materials (non-metallic) and non-metallic rigid pipes for building
    2. Reinforcing materials, not of metals, for building
    3. Bitumen, bitumen products for building, including bituminous coatings for roofing
    4. Roofing, not of metal, including roofing felts, tiles and gutters, not of metal, roofing slates and shingle
    5. Roofing, not of metal
    6. Scantlings (carpentry)
    7. Drain pipes, not of metal
    8. Geotextiles
    9. Claddings, not of metal, for buildings
    10. Tile floorings not of metal, asphalt and other floor coverings for building, included in class 19
    11. Support structures and frameworks, not of metal, for buildings and awnings
    12. Sand, other than foundry sand
    13. Doors and windows, not of metal, including frames and panels, included in class 19
    14. Window glass
    15. Door and window fittings, not of metal
    16. Scantlings of wood, in particular for housebuilding within the framework of timber frame construction
    17. Cabanas not of metal
    18. Partitions, fences and shaft linings, not of metal
    19. Including the aforesaid goods for the construction of stationary buildings, mainly not of metal, in particular for the construction of functional buildings, detached family houses and owner-occupied flats being timber frame or solid constructions
    20. Prefabricated walls for the construction of buildings, mainly not of metal
    21. Non-metallic portable buildings.