The trademark Lux Garden was filed by LUX GARDEN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 10, 2021, and received one opposition filed on December 19, 2021 by Emil Lux GmbH & Co. KG on Likelihood of confusion. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Building materials of metal
Fences of metal
Buildings of metal
Bars for metal railings
Gates of metal
Arbors of metal
Metal railings
Baskets of metal
Garden decorations of metal
Metal hardware
Greenhouse frames
Stakes of metal for plants.
The mark was filed in class 20 with Flower-stands [furniture] and Flower-stands (furniture)..
The mark was filed in class 35 with following description of goods:
Advertising
Distribution of advertising, marketing and promotional material
Retailing, wholesaling, Via the Internet, in relation the following goods: Building materials made of common metal, Fences of metal, Metal constructions, Fencing posts of metal, gates of metal, Arbours (metallic), balustrading of metal, Baskets of metal, Garden decorations of metal, Small items of metal hardware, Greenhouse frames, stakes of metal for plants, outdoor furniture, Plant boxes.