The trademark application was filed by TOJA GRID INC., a corporation established under the laws of Canada (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
The Appeal with reference B R1100/2021-2 was Remitted on Article 7(3) EUTMR according to Article 7(1)(b) EUTMR with decision issued on December 14, 2021 by the EUIPO. The Refusal with reference B 018315798 was Rejected according to Article 7(1)(b) EUTMR with decision issued on April 22, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal trellises, pergolas, gazebos, metal outdoor sheds for pergolas and gazebos, awnings
Metal railings for porches and decks
Portable gazebos primarily of metal
Structural components made of metal in the nature of metal brackets, metal hangers, metal hooks, metal turnbuckles, metal screws, metal nuts, sheet metal for the assembly of pergolas, gazebos, sheds, awnings, shades, porches and decks
Pergola kits for constructing pergolas, primarily of metal
Brackets of metal for furniture
Brackets of metal for pergolas, gazebos and sheds
Turnbuckles of metal
Pergola parts and accessories, namely, metal mounts in the nature of metal mounting brackets for shades and awnings being attached to pergolas and gazebos, metal hangers for hammocks, metal screws, and metal hooks.
The mark was filed in class 18 with Patio umbrellas.
The mark was filed in class 20 with following description of goods:
Outdoor furniture and patio furniture, namely, tables, chairs, lounge chairs, reclining chairs, sofas, cushions, pillows, mattresses, bean bag chairs
Outdoor and patio furniture kits comprising tables, chairs, lounge chairs, reclining chairs, sofas, cushions, pillows, mattresses, bean bag chairs, fitted patio furniture covers of fabric, chair pads, ottomans
Tables to attach to pergolas and gazebos
Fitted patio furniture covers of fabric
Structural components of tables sold as a component of tables
Hammock stand as a structural component, sold separately from hammocks.
The mark was filed in class 21 with Candle holders to mount to pergolas and gazebos not of precious metal and outdoor planters for flowers and plants..
The mark was filed in class 22 with following description of goods:
Awnings of fabric
Awnings of textile
Awnings synthetic materials
Kits comprising awnings of fabric and also including brackets for installation
Structural components of hammocks sold as components of hammocks.
The mark was filed in class 24 with Unfitted patio furniture covers of fabric.