The trademark Golden Five was filed by China Jiangsu International Economic and Technology Cooperation Group Co., Ltd. Shanghai Pudong Branch, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 1, 2021, and received one opposition filed on April 20, 2021 by THE PAPER & OFFICE EQUIPMENT SPAIN ASS, S.A. POESSA on Likelihood of confusion. the opponent was represented by Izquierdo Blanco, Maria Alicia and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 20, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003144958 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 18, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Sandpaper
Abrasive paper
Emery paper
Sandcloth.
The mark was filed in class 7 with Paint spray guns and Spray paint machines..
The mark was filed in class 8 with following description of goods:
Non-electric caulking guns
Guns, hand-operated, for the extrusion of mastics
Drawing knives
Carpenters' augers
Trowels
Masons' trowels
Shovels [hand tools]
Trowels [gardening]
Syringes for spraying insecticides
Bits [hand tools]
Pliers
Chisels [hand-operated]
Hobby knives [scalpels]
Stirring sticks for mixing paint
Hand tools, hand-operated
Extension bars for hand tools.
The mark was filed in class 9 with following description of goods:
Tape measures
Measuring rules
Feeler gauges
Instruments for measuring length
Folding rulers
Marking gauges [joinery]
Knee-pads for workers
Asbestos gloves for protection against accidents.
The mark was filed in class 10 with Sanitary masks for medical purposes.
The mark was filed in class 16 with following description of goods:
Papers for painting and calligraphy
Drawing pads
Painters' brushes
Drawing pens
Penholders
House painters' rollers
Paint rollers
Drawing boards
Canvas for painting
Easels.
The mark was filed in class 18 with Tool bags, empty and Boxes of leather or leatherboard..
The mark was filed in class 20 with following description of goods:
Tool boxes, not of metal, empty
Tool chests, not of metal, empty
Shelves for file cabinets
Jewellery organizer displays
Drawing tables
Toy boxes [furniture]
Trays, not of metal
Decorations of plastic for foodstuffs
Brush mountings
Picture rods [frames].
The mark was filed in class 21 with following description of goods:
Animal bristles [brushware]
Material for brush-making
Hair for brushes
Pig bristles for brush-making
Horsehair for brush-making
Make-up brushes
Brushes
Currycombs
Nail brushes
Lamp-glass brushes
Brushes for footwear
Horse brushes
Combs for animals
Scrubbing brushes
Tar-brushes, long handled
Brushes for cleaning tanks and containers
Dishwashing brushes
Basting brushes
Ski wax brushes.
The mark was filed in class 22 with Bags [envelopes, pouches] of textile, for packaging and Pig bristles..
The mark was filed in class 24 with following description of goods: