The trademark was filed by DERIBA Group GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 22, 2021, and received one opposition filed on June 22, 2021 by "agru" Kunststofftechnik Gesellschaft m.b.H. on Likelihood of confusion. the opponent was represented by ANWÄLTE BURGER UND PARTNER RECHTSANWALT GMBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Plastic or plastic materials films for packaging, in particular of recycled plastic
Packaging and packaging materials of plastic or plastic films, in particular of recycled plastic or recycled plastic film
Bags, pouches, sachets, envelopes and flexible hoses for packaging of plastic or plastic film, in particular of recycled plastic or recycled plastic film
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 17 with following description of goods:
Plastic film
Semi-processed films of plastic
None of the aforesaid goods, included in class 17 for use in relation to the following goods: Pipes, Flexible tubes, not of metal, Pipe fittings, Pipe and/or hose connections, pipe and/or hose couplings, pipe and/or hose couplings, Pipe extensions, Pipe fittings [junctions], Pipe sealing compositions, Waterproofing sheets and/or waterproofing film of plastic, not for the packaging sector, Linings for containers, Fasteners of plastic, not for the packaging sector, Flexible tubes, not of metal, Fittings, Profile bars, Double pipe systems (pipes and fittings), Pipes and/or mouldings for chimneys.
The mark was filed in class 40 with following description of goods:
Re-cycling services
Recycling of valuable materials, waste, rubbish, waste materials, beverage bottles