The trademark SCALA was filed by Knauf Ceilings Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 12, 2020, and received one opposition filed on May 5, 2020 by Brillux GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) 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 May 5, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003118428 was refused according to Article 8(1)(a) EUTMR with decision issued on October 10, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Ceiling supports of metal
Ceiling installations (Metal -)
Ceiling boards (Metal -)
Ceiling boards (Metal -)
Ceiling units of metal
Linings (metal- ) for ceilings
Linings (Metal -) for ceilings
Suspended ceilings of metal
Frameworks of metal for ceilings
Acoustic panels of metal for ceilings
Overhead suspension tracks of metal
Metal hardware
Sections of metal for use in building
Extruded aluminium sections.
The mark was filed in class 17 with following description of goods:
Insulation and barrier articles and materials
Sound dampening blankets
Sound-damping ceiling coverings
Ceilings made of mineral fibres for insulating buildings
Waterproofing and moisture proofing articles and materials.
The mark was filed in class 19 with following description of goods:
Textured surfaces for ceilings
Non-metal coverings for ceilings
Ceiling coffers of non-metallic materials
Ceiling tiles (Non-metallic -)
Roses [ceiling decorations] of non-metallic materials
Suspended ceiling structures (Non-metallic -)
Cladding (Non-metallic -) for ceilings
Non-metal suspended ceiling systems comprising panels
Non-metal profiles for ceilings and ceiling systems.