The trademark ELLY was filed by HORNBACH Baumarkt AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 2, 2017, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on July 31, 2017 by Illycaffè S.p.A. con unico socio on Likelihood of confusion. the opponent was represented by GLP S.R.L. and its proceedings were handled in English The second opposition filed on July 26, 2017 by Julie & Grace GmbH on Likelihood of confusion. the opponent was represented by HEISSNER & STRUCK RECHTSANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in German The third opposition filed on June 18, 2017 by Westermann KG on Likelihood of confusion. the opponent was represented by RIEDER & PARTNER MBB PATENTANWÄLTE - RECHTSANWALT and its proceedings were handled in German
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:
Containers and boxes of metal, Namely containers of metal for storing packages and parcels for delivery and/or collection by the parcel service
Building materials and construction elements of metal, in particular scaffolding of metal for building, doors and door frames of metal
Steel and other metals in the form of sheets, films, rods, bars and profiles, in particular metal rails and aluminium profiles
Ironmongery and goods of common metal, in particular door fittings, bells, letter boxes of metal, in particular with electric unlocking and/or post notification
Joints, Hooks and Fixings, reels and Rings
Cat/dog flaps of metal
Water-pipe valves of metal
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 7 with following description of goods:
Submersible pumps
Circulating pumps
Robotic swimming pool cleaning machines
Pumps for ponds
Power operated tools
Control mechanisms for machines, engines or motors
Electric household appliances and kitchen machines, in particular internet-enabled machines and apparatus
Electric waste disposal devices including waste grinders and waste presses
Dishwashers
Robotic vacuum cleaners
Lawnmower robots
Power operated tools
Automatic machines and parts therefor for retrieving parcels and packages
Electric vending machines for beverages or foods, Automatic vending machines
Aeration pumps for ponds
Parts for the aforesaid goods, included in class 07.
The mark was filed in class 9 with following description of goods:
Bells [warning devices]
Sirens
Wall switches (light switches)
Wall switches (emergency switches)
Electronic clothes pegs
Smart buttons for controlling musical apparatus, household apparatus, lighting and household appliances
Motion sensor
Electric control apparatus, systems and installations
Programmable control apparatus
Remote control apparatus, in particular for use with apparatus for lighting, heating, steam generating, drying, ventilating, air conditioning, water supply and safety purposes
Awning controls
Solar controllers
Photovoltaic controls
Heat regulating apparatus, Thermal controls
Boiler control instruments
Communications controllers
Security video cameras and TV screens
Intruder detection apparatus and systems
Software to control building access and security systems
Video surveillance systems
Time switches, automatic
Measuring devices for measuring and checking energy
Computer software for use in meter reading, monitoring and reporting
Current measuring instruments and Electricity measuring instruments
Gas flow meters
Apparatus, equipment and instruments for measuring the efficiency, performance and consumption of gas boilers
Level indicators
Repeaters
Wearable activity trackers
Mobile data communications apparatus
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Electric light dimmers (regulators), Conductor rails, electric cable
Flush-mounted electric/electronic drive elements
Optical devices, enhancers and correctors
Operation and control, in particular including remote control, of audio apparatus and audio data, including being video apparatus and video data
Battery Storage
Video monitors
Loudspeakers
Anemometers
Udometers
Digital photo frames
Wireless weather stations and weather information apparatus
Electronic weather stations
Weather radios
Electronic sensors and displays for temperature, moisture, air pressure, wind speed, rain and wind direction
Lightning sensors
Electronic sensors for measuring UV radiation, electronic sensors for measuring air and water quality
Water detectors
Leak sensors
Smart communications hubs for wirelessly connecting environmental sensors to routers
Wireless routers
Apparatus for the transmission of sound or images in the field of home automation
Apparatus for biometric, visual and vocal recognition of people
Electric control devices (actuators)
Interfaces for home automation applications
Mobile telephones and other portable communications devices
Modems for home automation servers, connectors to a computer network or home automation network
Pamphlets, guides and instruction manuals on electronic media on the subject of automating living spaces, electronic appliances and household equipment
Cards for access control, identity and identification cards with magnetic strips or codes
Presence sensors, Sensors for indoor lighting
Smoke detectors
Smoke alarms
Gas detectors (not for medical purposes)
Gas indicators
Video telephones
Electrical sockets
Power strips (multiple sockets)
Switchable switches
Switchable sockets
Plugs and jacks
Batteries, including electric batteries and rechargeable batteries
Signals (luminous)
Electronic keys
Sensors for aquariums
Mirrors with built-in displays
Radios
Uninterruptible electrical power supplies
Electronic tags for animals
Electronic devices which allow access to buildings via microchips
Electrical contacts for doors and windows
Uninterruptable power supply apparatus
Electric and electromechanical devices for operating doors, windows, window blinds, roller blinds, curtains, protective walls, ventilating flaps, locks, garage doors, gates, cupboards, grates and retractable bollards
Electronic cat flaps and dog flaps
Solenoid valves [electromagnetic switches]
Controllers and measuring devices for sauna bath installations
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 11 with following description of goods:
Valves [faucets] being parts for sanitary installations
Electrically controlled water faucets
Lighting apparatus and installations, In particular light diffusers, LED lighting fixtures
Filters for swimming pools
Filters for water purifiers
Lighting for ponds
Filters for ponds
Automatic watering installations for plants
Parts and accessories for all the aforesaid goods, included in this class, in particular light bulbs, sockets for electric lights, luminous tubes for lighting and lamp chimneys
Regulating and safety accessories for water installations and gas installations
Under floor heating
Unit heaters, Apparatus for ventilation, Air conditioning fans, Air purifying apparatus
Heating installations, Ventilation installations, air conditioning units and air purification units
Steam generating apparatus and cooking apparatus, in particular internet-enabled apparatus, in particular stoves, baking apparatus, frying apparatus, grills, toasting apparatus, warming apparatus, slow-cookers, microwave ovens, tea machines, coffee machines, kettles
Refrigerating apparatus, Installations for freezing
Drying installations
Apparatus for ventilating, Extractor hood filters, Extractor hood apparatus and covers for extractor hoods, Air conditioning apparatus, Air purification apparatus, Humidifiers
Air purifiers
Air conditioning installations
Automatic irrigation machines for gardening purposes
Sanitary installations and parts therefor
Water supply apparatus and heating apparatus and parts therefor
Fittings for supplying, distributing, controlling and regulating water, mixer taps, in particular thermostat-controlled, electric mixer taps, drainage and overflow fittings, showers
Clothes dryers
Watering and irrigation systems, mainly consisting of lawn sprinklers (metal) and plastic hoses
Parts for all the aforesaid goods, included in class 11.
The mark was filed in class 14 with following description of goods:
Clocks and watches, electric
Wristwatches
Watches
Control clocks [master clocks]
Watches that communicate data to personal digital assistants, smart phones, table PCs, PDA, and personal computers through internet websites and other computer and electronic communication networks
Bracelets that communicate data to personal digital assistants, smart phones, table PCs, PDA, and personal computers through internet websites and other computer and electronic communication networks.
The mark was filed in class 16 with following description of goods:
Publications, magazines, newsletters
Operating instructions in connection with electric or electronic apparatus and instruments
Stationery, notepads.
The mark was filed in class 21 with following description of goods:
Clothes-pegs
Automatic feeders for animals
Flower pots, including with water tanks
Combs and sponges
Brushes (other than for painting)
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Gardening articles, Namely garden sprayers of metal or plastic, sprinklers of metal or plastic
Watering cans, buckets, soil sifters (all of metal)
Brooms
Gardening gloves
Animal husbandry articles, namely aquariums and vivariums, articles for pest and vermin control, bird baths, cages, feeding and drinking articles, fish bowls, swing tags.
The mark was filed in class 35 with following description of goods:
Advertising, marketing, and promotional services for others
Commercial services and consumer information, namely brokerage, collective buying, negotiation and brokerage, ordering, procurement services for others (purchasing goods and services for other businesses)
Business assistance, business management and administrative services, in particular business management and organisational consultancy, business administration, personnel management consultancy and consultancy regarding office functions
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Retailing and wholesaling, including via the internet, and through teleshopping channels and online or catalogue mail order, of construction articles, DIY articles and gardening articles, of electric and electronic household utensils, lighting installations, information technology equipment, apparatus for recording, transmission or reproduction of sound/image data
Retailing and wholesaling, including via the internet, and through teleshopping channels and online or catalogue mail order, of apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, home network terminals and equipment for accessing the internet, computer software for controlling home and building technology
Retailing and wholesaling, including via the internet, and through teleshopping channels and online or catalogue mail order, of remote control apparatus, signalling apparatus and control apparatus for household machines, household appliances, kitchen machines, kitchen apparatus, data processing and telecommunications apparatus
Retailing and wholesaling, including via the internet, and through teleshopping channels and online or catalogue mail order, of data processing programs for controlling and operating household appliances, apparatus for home technology and building technology and signal transmission, electronic security and checking (supervision) systems for homes and articles in smart homes
Presentation of goods on communication media, for retail purposes
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Arranging of subscriptions to home technology databases
Arranging of subscriptions to a database server in connection with automation and management of homes and home fittings
Arranging subscriptions to assistance in the implementation of home automation goods
Registration and data processing, namely data entry, information, systemisation relating to automation and management of the household and household equipment
Computerised file management, in particular of image and sound files relating to automation and management of the household and household equipment
Compilation of data in computer databases relating to automation and management of the household and household equipment
Providing of business information and consultancy in the field of motorisation of openings, automation and management of the household and household equipment
Computerized processing of on-line purchase orders.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of apparatus and networks in electronic home and building technology
Electrical installation services
Assembly and repair of doors and windows
Installation and repair of security locks
Repair and installation of electrical apparatus and electrotechnical installations
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Commissioning, assistance regarding the installation, diagnosis and repair of electric or electronic apparatus for remotely controlling the functions of home technology equipment for residential buildings
Providing of information relating to home automation applications for automation of the household
Installation, programming and upkeep of home automation installations and programmable automated machines
Installation, maintenance and repair of electric, electronic, electrotechnical and digital apparatus
Installation and maintenance of computer hardware.
The mark was filed in class 38 with following description of goods:
Telecommunications
Providing access to an online interface for controlling heating, water supply, lighting, sanitation, air conditioning, ventilation and security apparatus
Consultancy, information and advisory services to all the aforesaid services
Transmission of electronic mail
None of the aforesaid services relating to computer games.
The mark was filed in class 42 with following description of goods:
Consultancy and information in connection with the networking of home technology apparatus and buildings
IT services, namely development, programming and implementation of software, installation, updating and maintenance of computer software, fault diagnosis and repair of computer software, the aforesaid software being solely for networking home technology apparatus and buildings
Computer project management, in particular consultancy in connection with system integration for linking household appliances via computer networks
Technological services relating to computers
Computer network services
Design, in particular design of interior decor, furnishings consultancy and planning
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Rental of apparatus for recording, reproduction and processing of text, data, sound, images and moving images, computer database servers (software), personal digital assistants in the field of automation and management of the household and household equipment
Hosting of websites, secure messaging in the field of motorisation of openings, automation and management of the household and household equipment
Consultancy (technical assistance) relating to computer systems in the field of motorisation of openings, automation and management of the household and household equipment
Remote management of computerised data in the field of motorisation of openings, automation and management of the household and household equipment
Computer systems facilitating remote access to telecommunications services in the field of motorisation of openings, automation and management of the household and household equipment
Remote monitoring and tracking of environmental conditions, including temperature, moisture, air pressure, rainfall, ultraviolet radiation, wind speed and wind direction via an internet portal
Integration of communications installations.
The mark was filed in class 45 with Building surveillance.