The trademark Defotec Process Chemicals was filed by Defotec Entschäumer Vertriebs-GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 23, 2020, and received one opposition filed on July 9, 2020 by Münzing Chemie GmbH on Likelihood of confusion. the opponent was represented by HOEGER, STELLRECHT & PARTNER PATENTANWÄLTE MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 9, 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 003125926 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry
Chemicals used in science
Chemicals used in photography
Chemicals for use in agriculture
Chemicals used in horticulture
Chemicals used in forestry
Synthetic resins, unprocessed
Unprocessed plastics
Manures
Fire extinguishing compositions
Metal tempering preparations
Soldering preparations
Chemical substances for preserving foodstuffs
Tanning substances
Adhesives used in industry
Defoamers
Chemical agents and chemical preparations for removing layers and/or coatings for industrial purposes
Chemical agents and chemical preparations for preventing formation of layers and/or coatings for industrial purposes
Flocculants
Enzymes for the food industry
Chemical accelerants
Emulsifiers for industrial purposes
Polymers, In particular super-absorbent polymers for the cable industry
Stabilisers for stabilising the pH value in chemical processes, in particular in chemical processes for paper manufacture.
The mark was filed in class 3 with following description of goods:
Furbishing preparations
Laundry preparations
Bleaching preparations
Furbishing preparations
Polishing preparations
Grease-removing preparations
Grinding preparations
Non-medicated soaps
Perfumery
Essential oils
Non-medicated cosmetics
Hair lotion
Non-medicated dentifrices.
The mark was filed in class 40 with following description of goods:
Custom manufacture and production, in particular including contract manufacture, relating to chemicals for use in industry, science, photography, agriculture, horticulture and forestry
Custom manufacture and production, in particular including contract manufacture, relating to unprocessed artificial resins
Custom manufacture and production, in particular including contract manufacture, relating to unprocessed plastics
Custom manufacture and production, in particular including contract manufacture, relating to fertilisers
Custom manufacture and production, in particular including contract manufacture, relating to fire extinguishing compositions
Custom manufacture, in particular including contract manufacture, of metal tempering preparations
Custom manufacture and production, in particular including contract manufacture, relating to soldering preparations
Custom manufacture and production, in particular including contract manufacture, relating to chemicals for preserving foodstuffs
Custom manufacture and production, in particular including contract manufacture, relating to tanning substances
Custom manufacture and production, in particular including contract manufacture, relating to adhesives used in industry
Custom manufacture and production, in particular including contract manufacture, relating to defoamers
Custom manufacture and production, in particular including contract manufacture, relating to chemical agents and chemical preparations for use in industry for removing layers and/or coatings
Custom manufacture and production, in particular including contract manufacture, relating to chemical agents and chemical preparations for use in industry for preventing a formation of layers and/or coatings
Custom manufacture and production, in particular including contract manufacture, relating to flocculants
Custom manufacture and production, in particular including contract manufacture, relating to enzymes for the food industry, in particular dextranase
Custom manufacture and production, in particular including contract manufacture, relating to chemical accelerants, in particular for use in cleaning processes
Custom manufacture and production, in particular including contract manufacture, relating to emulsifiers for use in industry
Custom manufacture, in particular including contract manufacture, of polymers, in particular super-absorbent polymers for the cable industry
Custom manufacture and production, in particular including contract manufacture, relating to stabilisers for stabilising the pH value in chemical processes, in particular in chemical processes for paper manufacture
Custom manufacture, in particular including contract manufacture, of cleaning preparations, laundry preparations, bleaching preparations, furbishing preparations, polishing preparations, scouring preparations and abrasive preparations
Custom manufacture and production, in particular including contract manufacture, relating to non-medicated soaps, perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions and non-medicated dentifrices.
The mark was filed in class 42 with following description of goods:
Consultancy for customers relating to the application and dosage of chemicals for use in industry, science, photography, agriculture, horticulture and forestry
Consultancy for customers relating to the application and dosage of unprocessed artificial resins and unprocessed plastics
Consultancy for customers relating to the application and dosage of fertilisers, fire extinguishing compositions, tempering and soldering preparations, soldering preparations
Consultancy for customers relating to the application and dosage of chemicals for preserving foodstuffs
Consultancy for customers relating to the application and dosage of tanning substances
Consultancy for customers relating to the application and dosage of adhesives used in industry
Consultancy for customers relating to the application and dosage of defoamers
Consultancy for customers relating to the application and dosage of chemical agents and chemical preparations for use in industry for removing layers and/or coatings
Consultancy for customers relating to the application and dosage of chemical agents and chemical preparations for use in industry for preventing a formation of layers and/or coatings
Consultancy for customers relating to the application and dosage of flocculants
Consultancy for customers relating to the application and dosage of enzymes for the food industry, in particular dextranase
Consultancy for customers relating to the application and dosage of chemical accelerants, in particular for use in cleaning processes
Consultancy for customers relating to the application and dosage of emulsifiers for use in industry
Consultancy for customers relating to the application and dosage of polymers, in particular super-absorbent polymers for the cable industry
Consultancy for customers relating to the application and dosage of stabilisers for stabilising the pH value in chemical processes, in particular in chemical processes for paper manufacture
Consultancy for customers relating to the application and dosage of cleaning preparations, detergents, bleaching preparations, cleaning agents, polishing preparations, buffing compounds, scouring preparations and abrasive preparations
Consultancy for customers relating to the application and dosage of non-medicated soaps, perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions and non-medicated dentifrices.