The trademark baumbad was filed by Jiří Horák, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on April 7, 2021, and received one opposition filed on April 17, 2021 by Love is the Answer on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Metzler, Jacob and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 17, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003144571 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on September 18, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 17 with following description of goods:
Flexible tubes, not of metal
Hoses of textile material
Packing, stopping and insulating materials
Asbestos
Ebonite
Latex [rubber]
Insulating varnish
Oils
Synthetic rubber
Rubber packaging
Pipe jackets
Duct tapes
Insulating felt
Glass wool
Semi-worked plastic substances
Soundproofing materials
Floating anti-pollution barriers
Mouldings of plastic and rubber for various sectors of industry
Dielectrics
Semi-processed foams or films of plastic as filtering, connector of insulating materials
Insulating foils, viscose sheets and sheets of reclaimed cellulose and other synthetic materials, other than for wrapping
Rubber, gutta-percha, gum, asbestos, Stone wool, Acrylic or synthetic resins, Mica, Vulcanised fibre, unworked or semi-worked
Adhesive bands, other than stationery and not for medical or household purposes
Shock-absorbing rubber bumpers
Threads of plastic materials, not for textile use
Gaskets
Underlays
Fillers and seals of materials included in this class
Soundproofing materials and other insulators included in this class.
The mark was filed in class 22 with following description of goods:
Rope-makers' goods
Bound nets, namely fishing nets
Mesh bags
Ground cloths
Ground sheets
Sails
Padding materials (cattle hair)
Stuffing kapok
Loose feathers
Seaweed
Raw spinning fibres
Packing rope
Linters
Combed wool
Wood wool
Wadding for filtering
Raw silk
Wood shavings
Sea wrack
Animal hair
Jute
Cables (except non-metal)
Kapok
Eiderdown
Carbon fibers [fibres] for textile use
Esparto grass
Coconut fibre
Hemp
Tow
Cotton tow
Sash cords
Raw linen [flax]
Car towing ropes
Feathers for bedding
Sails
Nets for camouflage
Padding materials, not of rubber or plastics
String
Loads (Belts, not of metal, for handling —)
Wool and Cotton waste
Fleece wool
Twine made of paper
Binding tapes (except not-metal)
Feathers for stuffing upholstery
Sawdust
Covers for camouflage
Tarpaulins
Vehicle covers and sails
Tarpaulins
Canvas
Porches
Tents and tarpaulins
Whipcord
Twine for nets
Hemp bands
Twine for nets
Raffia
Awnings of synthetic materials
Fishing nets
Belts, not of metal, for handling loads
Sisal
Snares [nets]
Netting
Suspension loops for cargo handling (except non-metal)
Animal hair
Tents
Raw silk and Linings [textile]
Textile fibres
Tarred brattice cloth
Binding thread, not of metal, for agricultural purposes
Binding threads (except non-metal)
Wool flock
Cocoons
Ladder tapes for venetian blinds
Rope ladders
Cattle hair
Sacks
Geotextile containers [bags] made of textile
Sacks of textile
Sail bags
Bags made of textile for the storage of tents
Bags [envelopes, pouches] of textile, for packaging
Bags [envelopes, pouches] of textile, for packaging
Mesh bags
Sacks made of textile materials
Rice straw bags (tawara)
Cotton bags
Jute bags [for use in industry]
Bags [envelopes, pouches] of textile, for packaging
Bags for merchandise packaging (envelopes)
Pouches
Packaging bags [sacks] of textile for bulk storage.
The mark was filed in class 37 with following description of goods:
Construction services
Repair and Installation in the field of construction
Rendering and plastering work
Building construction
Construction of investment properties, construction work
Rental of construction and building equipment
Installation of technological equipment and structures of steel
Installation services and Servicing of watering devices
Electrical installation work
Installation and Maintenance of lighting apparatus
Lighting apparatus and lighting apparatus and installations
Painting
Construction, alteration and removal of buildings
Installation and maintenance of structures
Scaffolding
Construction work
Restoration
Repair and Servicing in the field of construction
Surface treatment of buildings
Restoration of facades
Construction consultancy
Insulation of facades and roofs
Pointing and restoration of joints in prefabricated structures
Installation of pre-assembled and sandwich sidings, insulated and non-insulated
Repair and insulation of window joints
Plumbing
Bricklaying work
Assembly and installation of windows and doors, including door frames and window frames, gates of all kinds, conservatories, glazed loggias, glazed facades and other structures, of metal, and not of metal