The trademark INDICONTROL was filed by GWG Service GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 5, 2016, and received one opposition filed on December 6, 2016 by DE DIETRICH THERMIQUE (Société par Actions Simplifiée) on Likelihood of confusion. the opponent was represented by CABINET LAURENT & CHARRAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2016
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The application claimed as seniority of the Federal Republic of Germany trademark 30 2015 103 784 registered on August 5, 2015 and filed on June 24, 2015 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Programming devices for heating installations and components therefor
Programmable control apparatus and regulating apparatus for heating installations and components therefor
Regulators for heating installations
Differential temperature controllers for heating installations, other than thermostatic valves
Flow regulators for heating installations
Temperature sensors for heating installations, other than thermostatic valves
Parts and spare parts for the aforesaid goods (included in class 09)
Software for programming devices for heating installations and components therefor
Software for programmable control apparatus and regulating apparatus for heating installations and components therefor
Software for computers, tablets, mobile telephones, smartphones, PDAs and other mobile electronic apparatus for controlling and regulating heating installations and components therefor.
The mark was filed in class 11 with following description of goods:
Heating installations
Apparatus for heating
One-pipe heating systems
One-pipe heating systems for apartment buildings
Heating boilers
Heating elements
Regulating valves for heating installations
Thermostatic valves for heating installations
Parts and spare parts for the aforesaid goods (included in class 11).