The trademark COMFOTOP was filed by Roth Werke GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 5, 2020, and received one opposition filed on July 5, 2020 by Zehnder Group International AG on Likelihood of confusion. the opponent was represented by HOFFMANN · EITLE PATENT- UND RECHTSANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 5, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 27, 2021.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Materials of metal for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Metal hardware
Metal containers for storage or transport
Safes
Branching tubes of metal for pipelines
Adaptors for pipes [metal]
Connectors, branch pieces and junctions of metal
Armatures, fittings of metal
Fittings of metal for pipes
Metal materials for building and construction (other than jalousies of metal)
Reinforcement steel mesh with plastic pipes fixed thereto
Fastening elements
Reinforcement steel mesh, fastening systems of metal and parts thereof, components and fittings, included in this class, other than installations and equipment for mine expansion
Fasteners of metal for water tanks
Tanks, Spaces for pipes of metal
Rotating junctions of metal for pipes
Penstock pipes of metal
Floor-heating pipes of metal
Boiler substructures in the form of transportable bases of metal
Clips of metal for tubes
Storage containers of metal, In particular heating oil containers
Pipes and tubes of metal
Metal valves for controlling the flow of fluids in pipelines
Fittings of metal for pipes
Pipes and conduits of metal
Collars of metal for fastening pipes
Elbows of metal for pipes
Ducting conduit installations (non-electric) of metal
Pipe muffs of metal
Collars of metal for fastening pipes
Pipe support sleeves of metal
Junctions of metal for pipes
Materials of metal for railway tracks
Valves of metal, other than parts of machines
Composite and multilayered pipes of metal
Inlet and outlet pipes for ventilation systems (of metal)
Union elbows, outlet manifolds, rotating outlet connections, recessed inlet connections, wall outlet connections, level control outlet connections, upper armature elements, profiles, of metal.
The mark was filed in class 11 with following description of goods:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
Fittings (included in class 11)
Level controlling valves in tanks
Expansion tanks for central heating installations
Flat and tubular collectors (heating apparatus)
Under floor heating
Underfloor heating
Underfloor heating pipes
Floor-heating systems
Ceiling heating systems
Ceiling cooling systems
Air-conditioning apparatus and installations
Heating elements
Heating plates
Radiators [heating]
Non-metallic heating ducts and fittings for heating installations and under floor heating
Heating apparatus and heating installations
Heating tubes
Industrial exhaust air filters
Chamber furnaces, continuous furnaces, Air conditioning installations
Collectors
Refrigerating containers
Elbow bends (plastic -) for pipes [parts of sanitary installations]
Water-pipes for sanitary installations
Non-metallic pipe brackets
Water-pipes for sanitary installations
Boiler pipes [tubes] for heating installations
Pipes, profiles, solid rods, moulded parts and panels of plastic (parts of heating and sanitary installations)
Tubular heating elements
Pipework of plastic
Taps [cocks, spigots] [faucets (Am.)] for pipes
Coils [parts of distilling, heating or cooling installations]
Coils and coiled pipes (parts of distilling, heating or cooling installations)
Junctions for pipes, not of metal
Plumbing fittings of metal
Temperature-regulating devices
Tempering surfaces
Valves (Thermostatic -) [parts of heating installations]
Ventilating fans
Hot and cold water tanks
Heat pumps
Heat regenerators
Heat accumulators
Heat exchangers, other than parts of machines
Central heating radiators.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic rigid pipes for building
Asphalt, pitch, tar and bitumen
Non-metallic transportable buildings
Gutter pipes, not of metal
Extension, branching and connection pipes and parts, not of metal
Connectors, branch pieces and junctions of plastic
Fittings, connectors, branch pieces and junctions, fittings (not of metal)
Draw-off taps, namely level regulating valves, not of metal, for containers
Mountings (not of metal) for pipelines
Drainpipes and drainpipe systems of plastic
Penstock pipes, not of metal
Screed
Floors, not of metal
Floor heating pipes, not of metal, Boiler substructures in the form of transportable bases of plastic
Water-pipe valves, not of metal or plastic
Pipes of plastic
Non-metallic pipes
Pipes and pipelines (not of metal)
Shelf brackets, tee connectors, filling nozzles, couplings for pipes and junction pieces of plastic
Pipe-laying aids (not of metal)
Composite and multilayered pipes of plastic
Composite pipes and multilayer pipes, not of metal
Composite and multilayered pipes, consisting mainly of plastic
Heat insulating panels for building purposes
Inlet and outlet pipes and connectors for ventilation systems