The trademark HOWDENS IT'S THE DOG'S was filed by Howden Joinery Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on March 4, 2021, and received one opposition filed on June 3, 2021 by Howden Group Limited on Likelihood of confusion. the opponent was represented by MURGITROYD & COMPANY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 3, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 2 with following description of goods:
Paints
Varnishes
Lacquers
Preservatives against rust and against deterioration of wood
Colorants
Mordants
Raw natural resins
Metals in foil and powder form for painters, decorators, printers and artists
Paint preparations
Paint powders
Paint thickeners
Paint thinners
Paint primers
Paint sealers
Paint drying substances
Woodcare substances
Ceramic paints
Wood preservatives
Varnishes (non- insulating)
Wood stains
Oils for the preservation of wood.
The mark was filed in class 6 with following description of goods:
Ironmongery
Door and window furnishings made wholly or substantially of metal
Door knockers
Metal door handles and door knobs
Cabinet door handles and knobs made of metal
Metal door bells
Metal door stops
Metal door frames and panels
Metal tiles
Metal hooks, nuts, bolts, screws, barrels, nails, locks, keys, security keys, metal hinges, metal furniture catches
Metal windows catches
Metal doors and door catches
Metal hardware
Metal brackets
Key hole plates of common metal
Signboards of metal
Locksets of metal
Drawer runners of metal
Padlocks
Safes
Metal ladders
Door closers of metal
Metal stairs
Metal hand rails
Metal letter boxes
Pipe fittings for plumbing, all made wholly or principally of common metal
Ironwork for windows and doors
Elbows, returns, straight tees, reducing outlet tees, stub ends, straight crosses, reducing outlet crosses, concentric and eccentric reducers, caps, laterals, and flanges, all made of metal and all being fittings for welding to pipes and conduits
Metal doors and parts and fittings thereof
Fire doors of metal and fittings thereof
Door closers (non-electric).
The mark was filed in class 7 with following description of goods:
Laundry washing machines, spin driers, tumble driers, combined washing machines and tumble driers, dishwashers, ironing machines, domestic machines for use in the processing or preparation of foodstuffs
Electric kitchen machines, apparatus and tools
Apparatus and instruments for domestic use for cutting, slicing, grating, rasping, shredding and for chopping
Electric food mixers, blenders, liquidizers, crushers, food processors, food slicers and shredders, electric whisks, electric salad drainers, coffee grinding machines, electric can openers, electric knives and knife sharpeners, beverage making machines, garbage disposals
Power operated tools
Door closers (pneumatic)
Levellers
Electric window openers and closers
All of the foregoing being domestic appliances and equipment for household use and non-industrial commercial premises
None of the foregoing being for use in HVAC (heating, ventilation, and air conditioning) systems.
The mark was filed in class 8 with following description of goods:
Hand tools and hand instruments (other than cutlery)
Hand operated tools for sale as part of a kit
Hand drills, screwdrivers, axes, saws and saw blades
Screwdrivers, axes, shovels, saws and saw blades, knives (other than cutlery), abrading instruments
Caulk gun
Tool belts
Food preparation implements, kitchen knives and cutlery
Food slicers, choppers and shredders.
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Data processing equipment and computers
Fire-extinguishing apparatus
Time recording apparatus
Electronic monitoring and control apparatus
Lighting monitoring and control apparatus
Boiler monitoring and control apparatus
Security monitoring and control apparatus
Network monitoring and controlling apparatus
Temperature monitoring and controlling apparatus
Measuring apparatus
Kitchen scales
Remote control apparatus
Electronic alarms
Electronic protection equipment
Water detecting, control and alarm apparatus and equipment
Fire detecting, control and alarm apparatus and equipment
Alarm apparatus, alarm monitoring and control apparatus
Sprinkler supervisory and waterflow equipment
Intruder and burglar alarm equipment
Intrusion detection apparatus
Motion detecting equipment
Electrical communication equipment
Message programming equipment
Electronic locking instruments
Closed-circuit television (cctv)
Monitors
Cameras
System control software
Digital video installation
Video surveillance apparatus
Sensors and detectors
Control apparatus
Carbon monoxide detectors
Apparatus for television
Televisions
Computer software and sensors connecting machines and appliances
Computer software and sensors for collecting and exchanging information and data
Computer software and sensors for monitoring appliances and interfacing with the cloud
Computer software for mobile devices, smart phones, smart kitchens, smart homes, tablet computers, personal computers and televisions
Computer software for transmitting, sharing, receiving, streaming, downloading, playing, organizing, displaying, collecting and transferring information, data, audio, video, images, social content and other multimedia content between devices via the internet, over a wireless network and other communications networks
Computer software for the remote control of machines and appliances
Computer software for content, gesture, character, speech, image, facial and voice recognition
Presence detection computer software
Application software for cloud computing services
Computer hardware
Computer network hubs, switches and routers
Computer network hubs for monitoring appliances and interfacing with the cloud
Smart cards and smart cartridges
Data cartridges
Plug-in cartridges [electronic]
Touch screens
Touch screen pens
Electrical sensors
Kitchen sensors
Sensor switches
Motion sensors
Fire sensors
Light sensors
Heat sensors
Temperature sensors
Measuring sensors
Timing sensors
Distance sensors
Humidity sensors
Gas sensors
Wearable telecommunication devices for the ireless receipt, storage and/or transmission of data and messages
Head-mounted video display apparatus
Measuring tape
Voltage detectors
Multimeters
Batteries
Electric cables
Plugs and plug sockets
Fuses
Respirators for filtering air
All of the foregoing being for household use and non-industrial premises
None of the foregoing being for use with HVAC (heating, ventilation, and air conditioning) systems
Protective helmets
Safety gloves for protection against accident or injury
Safety headgear
Safety eyewear
Safety goggles
Dust masks
Knee pads for workers
Safety clothing
High-visibility safety clothing.
The mark was filed in class 10 with Ear protectors and ear defenders..
The mark was filed in class 11 with following description of goods:
Apparatus, installations and equipment for heating, cooking, grilling, drying, ventilating, filtering, airing, water supply and sanitary purposes
Sanitary ware
Baths
Showers
Sauna and steam bath installations
Water closets
Wash basins
Bidets
Shower enclosures
Shower trays
Shower heads
Shower handsets
Shower hoses
Taps
Toilets
Toilet seats
Cisterns
Tanks
Heaters
Radiators
Radiator valves
Fans
Boilers
Stoves
Ovens
Cookers
Cooker hoods
Hobs
Microwave ovens
Barbecues
Toasters
Kettles
Installations and apparatus, all for refrigerating, freezing and air conditioning
Fridges
Freezers
Electric wine coolers
Warming drawers
Water and air purifying apparatus
Water softeners
Disinfecting apparatus
Lights
Electric lamps
Lamps shades
Light bulbs
LED lights
Floodlights
Ice cream makers
Coffee roasters
Coffee machines
Electric food steamers
Sink units
All of the foregoing being domestic appliances, installations and equipment for household use and non-industrial commercial premises
None being HVAC (heating, ventilation and air conditioning) systems or for use in HVAC (heating, ventilation and air conditioning) systems.
The mark was filed in class 16 with following description of goods:
Pencils and marker pens
Paint brushes
Paint rollers, paint roller trays.
The mark was filed in class 17 with following description of goods:
Adhesive sealants
Adhesive caulking compounds
Adhesive tapes, strips, band and films
Sealing putty
Draught excluder strips
Pipe insulation for household use and non-industrial premises and not being for use with HVAC (heating, ventilation, and air conditioning) systems.
The mark was filed in class 19 with following description of goods:
Building timber
Wood panelling
Building materials of wood
Parquet flooring
Parquet floor boards
Laminate flooring
Laminated boards (non-metallic) for building use
Glue-laminated wood
Wooden flooring
Planks (wood for building)
Building panels, not of metal
Veneer wood
Doors, door frames
Fire doors (non-metallic)
Window glass
Windows and window frames not of metal
Wood veneers
Manufactured timber
Wood semi-worked
Mouldable wood
Door casings, not of metal
Water pipes and vales not of metal
Laths, not of metal
Kitchen tiles (non-metallic)
Hand rails (non-metallic)
Non-metallic drainage pipes
Ducting installations, for household use and non-industrial premises and not being for use with HVAC (heating, ventilation, and air conditioning) systems
Staircases (not of metal)
Parts and fittings for staircases (not of metal).
The mark was filed in class 20 with following description of goods: