The trademark FlomaFix was filed by Gottlieb Binder GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 30, 2021, and received one opposition filed on August 25, 2021 by Kingfisher International Products Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 25, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Relative errors of the trademark registration was recorded on May 15, 2022.
Goods And Services
The mark was filed in class 17 with following description of goods:
Goods of plastic, namely films, tapes and profiles
Goods of plastic, namely films, tapes and profiles being semi-finished goods
Adhesive tapes, strips, bands and films
Adhesive strips and films, namely, plastic strips and plastic film, other than for packing
Adhesive tapes for technical, industrial and commercial purposes and component parts thereof
Adhesive tapes, mainly of plastic and thermoplastic material and for industrial and commercial use
Adhesive tapes and components thereof, not for household use
Adhesive tapes of plastic or containing plastic materials, not being for household purposes
Adhesion systems of plastic or involving plastic materials, namely in the form of adhesive films and adhesive tapes, and in the form of film-like or tape-like carriers having stem-like adhesive or contact heads, and component parts thereof
Materials for thermal and acoustic insulation
Closures and closure systems in the form of adhesive closures, adhesive tapes, and fastening and adhesion systems, including clips, of plastic materials or predominantly containing plastic, for use for the aforesaid packaging goods
All the aforesaid goods for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping).
The mark was filed in class 20 with following description of goods:
Components for fastening systems, in the form of individual adhesive parts of plastic or plastic materials, including clips
Clips, namely clips of plastic for sealing bags
Fastening clips for cables and pipes of plastic and clips for pipelines of plastic, in each case for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Adhesive fasteners and fastening and adhesion systems of plastic or comprising plastic materials
Adhesive tapes of plastic or comprising plastic materials for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Adhesive tape closures and flat adhesive closures of thermoplastic material for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Constituents of adhesive fasteners, in particular in the form of adhesive parts extruded flat or other parts intended for a fastener
Fastening systems not of metal for abrasives and abrasive holders, all for use with hand tools (parts of machines, including removable)
Profile binding systems, in particular in the form of beaded profiles, and for the application of upholstery coverings to upholstery foam, mainly for seats of all kinds, including vehicle and aircraft seats
Fastening systems and components for fastening systems, for fastening covering materials to soft foam products
Clips made of plastics for cables for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Cable ties and straps for fastening and securing objects, such as ducts for conducting energy, in each case for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Non-metallic fasteners for cords for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Cable retainers, namely, cable clips, not of metal, for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Panel fastenings, not of metal
Fastening systems, not of metal, in particular for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems
Clips, not of metal, for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Fastening systems for solar modules for fastening to roofs, roof coverings or roof seals, not of metal, in particular to flat lightweight roofs of flexible polyolefin, PVC or other common plastic seals and bitumen seals
Fastening and transport systems in the form of sticky and adhesive tapes and adhesive films for use in handling apparatus, including robots, for detachable mounting of equipment in ships, yachts, trains, aircraft and vehicles, including ceiling, wall, floor, mat and roof lining fastening systems in the field of transportation (automobile, aviation, railway, shipping)
Cover fixings, namely closures for containers, not of metal
Lid closures of plastic for fixing lids onto containers, and closure parts therefor in the form of adhesive fasteners, all the aforesaid goods for packaging and/or storage purposes, packaging cases and containers, all of the aforesaid consisting of plastic
Packaging containers of plastic.
The mark was filed in class 26 with following description of goods:
Adhesive fasteners, adhesive tapes and components therefor
Adhesive closures of plastic or containing plastic materials
Adhesive closures of plastic for clothing
Hook and pile closures in the form of bands and sheet products, and components for the aforesaid goods
Hook and pile fastenings in the form of tapes, namely hook and pile fastening tapes
Adhesive tapes and components therefor for fastening toupees and wigs to the head
Fastening and adhesion systems, and components therefor
Textile adhesive fasteners and fastening systems, in particular adhesive fasteners or adhesive parts consisting of two identical or different parts, with mushroom-shaped, hook-shaped and/or loop-shaped interlocking elements, and components therefor
Hook and loop tapes
Ribbons of textile materials
Silk ribbons
Fastening system comprised of closures and fasteners for disposable soft goods, namely disposable diapers (nappies), sanitary napkins, disposable slippers, surgical drapes, hospital gowns, hospital pads and similar products.