The trademark DELTA was filed by Thomas Geck, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2011, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on July 5, 2011 by Masco Corporation of Indiana on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and its proceedings were handled in English
The second opposition filed on July 4, 2011 by NOVADELTA - COMÉRCIO E INDÚSTRIA DE CAFÉS, UNIPESSOAL, LDA on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRIGUES IP, UNIPESSOAL LDA. and its proceedings were handled in English
The third opposition filed on July 4, 2011 by DELTA DORE SA on Likelihood of confusion. the opponent was represented by CABINET LE GUEN MAILLET and its proceedings were handled in English
The fourth opposition filed on July 4, 2011 by Delta Electronics, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by URQUHART-DYKES & LORD LLP and its proceedings were handled in English
The fifth opposition filed on July 4, 2011 by DELTA SECURITY SOLUTIONS on Likelihood of confusion. the opponent was represented by CABINET LAURENT & CHARRAS and its proceedings were handled in English
The application was filed in German, and German 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 February 10, 2011. Change of name and professional address of the trademark registration was recorded on June 6, 2012. Deletion of the representative of the trademark registration was recorded on May 23, 2013. Appointment and Replacement of representative of the trademark registration was recorded on June 27, 2013. Appointment and Replacement of representative of the trademark registration was recorded on January 16, 2014.
The Appeal with reference B R1172/2013-1 was Opposition allowed according to Article 8 CTMR with decision issued on June 10, 2014 by the EUIPO. The Opposition with reference B 001870115 was refused according to Article 8(1)(b) CTMR with decision issued on April 24, 2013 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic regulating and control apparatus for electric drive units, in particular pumps
Electrically controlled installations, namely home stations for local heat distribution and local domestic water heating
All the preceding goods in class 9 however not including controller and control units or electric constructions for industrial and/or communal usages as well as detection and protection apparatuses such as electronic surveillance apparatus, electric and electronic apparatus for safety and monitoring, in particular against theft and fire, extinguisher, sirens, alarms, fire alarms, anti-theft warning devices, opening detectors, seismic detectors, water level indicators, temperature indicators, electric loss indicators, vacuum gauges.
The mark was filed in class 11 with following description of goods:
Apparatus for heating, dryer heating, steam generating, refrigerating, air conditioning, drying, ventilating, water supply
Parts for heating installations, namely home transfer stations, in particular individual stations or complete systems for local heat distribution and domestic water heating, included in class 11
Parts for heating installations, namely fresh hot water stations, in particular individual stations for generating fresh hot water, in particular by means of a plate heat exchanger, included in class 11
Parts for heating installations, namely central hot water tanks, in particular boilers and heating systems based on buffer storage tanks, in particular combined with alternative heat sources, included in class 11
Parts for solar installations, namely solar transfer stations for transferring generated heat to a buffer storage tank or hot water tank, in particular boilers, included in class 11
Parts for heating installations, namely local and district heating stations for transferring heat provided by an energy supplier to a building, in particular to a detached house or apartment block, included in class 11
Air, water and heat exchanger systems for heat generation and/or heat recovery from wood burning stoves, waste heat (in particular waste heat from baking ovens or industrial ovens) and for controlled feeding into a heating network or buffer storage tank, included in class 11
Heat exchangers and systems composed thereof
The preceding goods, however, not in the form of or in relation to percolators for preparation machines of tea or coffee, and also not for or in relation to coffee making machines or tea making machines
None of the aforesaid goods being apparatus for sanitary purposes including fittings for sanitary ware, water taps, water faucets, bath fixtures and fittings, shower heads, shower sets, water mixer faucets, replacement parts for those.
The mark was filed in class 37 with Construction and repair for the remediation, installation and repair of central hot water tanks, in particular boilers, of heating systems (in particular with integrated alternative energy sources) and of hot water systems for buildings.
The mark was filed in class 42 with Technical development and construction of apparatus included in classes 9 and 11 and Scientific and technological services and research and design relating thereto, all in connection with apparatus included in classes 9 and 11..