The trademark witasmart was filed by Sarah Taubert, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 10, 2023, and received one opposition filed on March 10, 2024 by Brillux GmbH & Co. KG on Likelihood of confusion. the opponent was represented by COHAUSZ & FLORACK PATENT- UND RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 10, 2024
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 7 with following description of goods:
Machines for processing metal, wood and plastic
Packaging machines
Lacquering installations
Paper processing machines or Further processing machines for paper
Machines for paper and film finishing
Coating machines
Coating plants
Machines and Installations for processing radiation cured materials or for processing radiation cured coating systems
Machine tools
Power operated tools
Motors, other than for land vehicles
Propulsion mechanisms, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand operated hand tools
Incubators for eggs
Vending machines.
The mark was filed in class 9 with Electron accelerators.
The mark was filed in class 16 with following description of goods:
Paper
Millboard
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials
Artists' materials
Paint brushes
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Plastic materials for packing (not included in other classes)
Type [numerals and letters]
Printing blocks.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastic surface and edging materials of varnished or colour-coated film, laminated sheet materials and laminated boards, all the aforesaid goods included in class 17 and in particular for interior design and the furniture industry
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible hoses, not of metal
Surface and edging materials of varnished or colour-coated film, all the aforesaid goods included in class 17 and in particular for interior design and the furniture industry
Surface and edging materials of varnished or colour-coated plastic film, of varnish or paint-coated plastic film composite systems for making high quality surfaces, all the aforesaid goods included in class 17 and in particular for interior design and the furniture industry
Plastics and resins in extruded form for use in manufacturing processes
Films other than for packaging, Namely films, In particular coated films, release films, separating films, furniture films, films for laminating and bonding plates, furniture, floor coverings, wall coverings, decorative films for bonding, Sheets for temporary surface protection
Paper coated with film and/or varnish for making high quality surfaces
Plastic film goods and film composite systems for making high quality surfaces, including for use in the furniture and kitchen industry
Foils and laminates being plastic semi-finished goods for making high quality surfaces, including for use in the furniture and kitchen industry
Plastic film goods and film composite systems for use in furniture construction, in interior design, for work plates, for floor coverings, for ceiling coverings and for billboards.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Wall, ceiling and floor panels, laminated floors, parquet flooring, parquet floor boards and veneers
Panels for building construction, in particular for interior design
Window sills, Doors, Frames for doors, Facade elements
Laminated sheet materials and laminated boards, All the aforesaid goods included in class 19 and In particular for interior design
Rigid pipes, not of metal, for building
Asphalt
Pitch
Tar
Bitumen
Buildings, transportable, not of metal
Monuments, not of metal.
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Picture frames
Wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or plastics
Containers, not of metal, for storage or transport
Panels for furniture and kitchen production
Panels being parts of furniture, Plates being parts of kitchens
Laminates or laminate panels for the furniture industry
Laminates or laminate plates being parts of furniture.
The mark was filed in class 27 with following description of goods: