The trademark OPTIMALINE was filed by ENDER PVC VE ALUMINYUM YAPI ELEMANLARI SANAYI VE TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on February 16, 2020, and received one opposition filed on May 10, 2020 by Unlimited Perspective S.A. on Likelihood of confusion. the opponent was represented by A.G. DA CUNHA FERREIRA, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003118948 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 9, 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
Containers, and transportation and packaging articles, of metal
Doors, gates, windows and window coverings of metal
Metal hardware
Structures and transportable buildings of metal
Unprocessed and semi-processed materials of metal, not specified for use.
The mark was filed in class 17 with following description of goods:
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Insulation and barrier articles and materials
Seals, sealants and fillers
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic
Injection moulding plastics
Membranes and semi-processed synthetic filtering materials
Shock- absorbing and packing materials, vibration dampers
Tire restoration and repair materials
Adhesive-coated plastic sheets for use in manufacture
Articles made of rubber for jointing purposes
Door stops of rubber
Corner protectors of rubber
Elastomeric polymers in the form of sheets for use in manufacture
Elastomeric polymers in the form of blocks for use in manufacture
Grommets made of synthetic rubber
Extruded plastics in the form of sheets for use in manufacture
Extruded plastics in the form of rods for use in manufacture
Extruded plastics in the form of blocks for use in manufacture
Extruded plastics in the form of bars for use in manufacture
Spacers of rubber for use with sandwich panels
Window stops of rubber
Elastomers
Semi-worked plastic substances
Resins in extruded form
Microporous synthetic sheets for use in manufacture
Mouldable synthetic resins [semi-finished]
Synthetic rubber in the form of granules
Cellulose material compressed into planar form [semi-finished]
Plastic sheet materials for use in manufacture
Plastic sheet materials for use in the manufacture of countertops
Substitutes for unprocessed and semi-processed gutta-percha
Substitutes for unprocessed and semi-processed mica
Substitutes for unprocessed and semi-processed rubber
Uncured synthetic rubber for use in manufacture.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Doors, gates, windows and window coverings, not of metal
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Structures and transportable buildings, not of metal