The trademark FARIX was filed by Toom Baumarkt GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on October 12, 2021 by Marangoni S.p.A. on Likelihood of confusion. the opponent was represented by PRAXI INTELLECTUAL PROPERTY SPA and its proceedings were handled in English The second opposition filed on October 10, 2021 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and its proceedings were handled in German
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 1 with following description of goods:
Chemical substances, chemical materials and chemical preparations, and natural elements
Chemical and organic compositions and substances for treatment of leather and textile
Unprocessed artificial and synthetic resins.
The mark was filed in class 2 with following description of goods:
Thinners and thickeners for coatings, dyes and inks
Coatings
Paints and washes
Lacquers and varnishes
Preservatives.
The mark was filed in class 3 with following description of goods:
Cleaning and fragrancing preparations
Household fragrances
Vehicle cleaning preparations
Abrasives.
The mark was filed in class 4 with following description of goods:
Fuels and illuminants
Candles and wicks for lighting
Wood for use as fuel
Non- chemical fuel additives
Biofuels
Lubricants and industrial greases, waxes and fluids.
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Pest control preparations and articles
Medical and veterinary preparations and articles, Namely First-aid boxes, filled, Plasters, materials for dressings
Medical dressings, coverings and applicators
Air deodorising and air purifying preparations.
The mark was filed in class 6 with following description of goods:
Small items of metal hardware
Locks and keys, of metal
Cables, wires and chains, of metal
Structures and transportable buildings of metal
Containers, and transportation and packaging articles, of metal.
The mark was filed in class 7 with following description of goods:
Generators of electricity
Moving and handling equipment
Lifting and hoisting equipment, elevators and escalators
Machines and machine tools for treatment of materials and for manufacturing
Machines, machine tools, and power-operated tools and apparatus, for fastening and joining
Engines, powertrains, and machine parts, and controls for the operation of machines and engines, namely air filters, Oil filters, fuel filters
Wheels and tracks for machines
Sweeping, cleaning, washing and laundering machines.
The mark was filed in class 8 with following description of goods:
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Hand tools for construction, repair and maintenance
Fastening and joining tools
Cutting, drilling, grinding, sharpening and surface treatment hand tools
Emergency and rescue hand tools
Lifting tools.
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Communications equipment
Point-to-point communications equipment
Data storage devices and media
Audio/visual and photographic devices
Audio devices and radio receivers
Image capturing and developing devices
Apparatus, instruments and cables for electricity
Apparatus and instruments for accumulating and storing electricity
Electrical and electronic components
Electric cables and wires
Antennas and aerials as components
Safety, security, protection and signalling devices
Alarms and warning equipment
Access control devices
Signalling apparatus
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Testing and quality control devices
Measuring devices
Time measuring instruments (not including clocks and watches)
Weight measuring instruments
Speed measuring instruments.
The mark was filed in class 11 with following description of goods:
Lighting and lighting reflectors
Vehicle lighting and lighting reflectors
Cooking, heating, cooling and preservation equipment, for food and beverages
Heating, ventilating, and air conditioning and purification equipment (ambient)
Air treatment equipment
HVAC systems (heating, ventilation and air conditioning)
Vehicle HVAC systems (heating, ventilation and air conditioning).
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Land vehicles and conveyances
Human-powered trolleys and carts
Mobility conveyances
Rail vehicles
Air and space vehicles
Water vehicles
Parts and fittings for vehicles
Wheels and tyres, and continuous tracks for vehicles
Anti-theft, security and safety devices and equipment for vehicles
Parts and fittings for air and space vehicles
Parts and fittings for water vehicles
Parts and fittings for land vehicles
Powertrains, including engines and motors, for land vehicles.
The mark was filed in class 16 with Printed matter.
The mark was filed in class 17 with Insulation and barrier articles and materials and Adhesive tapes, strips, bands and films..
The mark was filed in class 18 with Luggage, bags, wallets and other carriers.
The mark was filed in class 19 with Structures and transportable buildings, not of metal.
The mark was filed in class 20 with Goods, not of metal, namely locks and keys, Clips, connecting and connection parts, Handles and rails, Hooks and suspension devices, Holders for pennants and Tent pegs, not of metal.
The mark was filed in class 21 with following description of goods:
Household utensils for cleaning, brushes and brush-making materials
Air fragrancing apparatus
Tableware, cookware and containers
Glasses, drinking vessels and barware
Articles for animals, Namely devices for pest and vermin control, Cages, Feed and drinking articles.
The mark was filed in class 22 with Goods made of textile and fibers, Namely slings and bands, Bags and sacks for packaging, storage and transport, Tarpaulins, awnings, tents, and unfitted coverings, Sails, Ropes and strings, Nets, Container displays.
The mark was filed in class 24 with Textile goods, and substitutes for textile goods.
The mark was filed in class 25 with following description of goods:
Headgear
Clothing
Footwear.
The mark was filed in class 27 with following description of goods: