The trademark Point Vert was filed by COOPERATIVE EUREDEN, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 25, 2022, and received one opposition filed on July 14, 2022 by POINT S.L. on Likelihood of confusion. the opponent was represented by Riera Blanco, Juan Carlos and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2022
The application was filed in French, and French 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:
Chemicals used in industry, agriculture and horticulture, Chemicals for use in tree growing and Chemicals used in forestry
Unprocessed artificial resins, unprocessed plastics, fire extinguishing compositions, Chemical substances for preserving foodstuffs
Tanning substances, Manures and soil-conditioning chemicals.
The mark was filed in class 2 with following description of goods:
Colorants, in particular Colorants for imparting permanent colour, Paints and washes, Varnishes (other than insulating varnish), Lacquers [paints]
Coatings
Printing ink
Toner cartridges, filled, for printers and photocopiers
Preservatives against rust and deterioration of wood
Thinners and binders for colourants, lacquers and paints
Colorants
Food and beverage colorings
Shoe dyes
Mordants (not for metals or for seeds)
Raw natural resins
Metal foil for painters, decorators, printers and artists.
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations and products
Javelle water
Stain removers
Fabric softeners for laundry use
Paint stripping preparations
Emery paper
Rust removing preparations
Scouring solutions
Descaling preparations for household purposes
Detergents, other than for use in manufacturing operations and for medical purposes
Rust removing preparations, in particular Rust removing preparations
Parquet floor wax
Shoe wax
Preparations to make the leaves of plants shiny
Adhesives for cosmetic purposes
Soap
Perfumery preparations, perfumes and toilet water
Ethereal oils
Deodorants for personal use [perfumery]
Cosmetics
Hair care agents
Dentifrices, Make-up and make-up removing preparations
Shaving preparations
Toiletries
Milks and oils for toilet purposes
Tissues impregnated with cosmetic lotions
Sun-tanning preparations (cosmetics)
Shampoos for pets [non-medicated grooming preparations]
Incense
Scented wood
Potpourris [fragrances].
The mark was filed in class 4 with following description of goods:
Industrial oils and greases, lubricants
Dust controlling compositions
Fuels (including motor spirit)
Motor oil
Carburants
Diesel oil
Non- chemical fuel additives
Lighting fuel, Candles, wicks (lighting)
Candles
Perfumed candles
Firelighters, Combustible briquettes
Methylated spirit
Gas for lighting
Charcoal [fuel]
Firewood
Grease for leather, Grease for arms [weapons], Grease for footwear.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Sanitary preparations for medicine and personal hygiene
Pharmaceutical preparations for skin care
Dietetic substances, beverages, foodstuffs adapted for medical use
Nutritional supplements for medical purposes
Medical preparations for slimming purposes
Medicinal infusions, medicinal herbs, herb teas for medicinal purposes
Vitamin preparations, preparations of trace elements for human and animal use
Mineral dietary supplements
Food and lacteal flour for babies
Plasters, materials for dressings, material for stopping teeth, dental wax
Antiseptics
Disinfectants for medical or sanitary purposes (other than soaps)
Preparations for destroying noxious animals
Preparations for controlling insects
Insecticides
Insect repellents
Fungicides, herbicides
Antiparasitic preparations, antiparasitic collars for animals
Animal washes [insecticides]
Sunburn ointments
Antiseptic cotton, absorbent wadding
Sanitary pads and towels and sanitary pants
Napkin-pants of paper or cellulose
Babies' diaper-pants
Sanitary tampons
Breast-nursing pads
Sterilizing preparations
Adhesives for dentures
Deodorants other than for personal use
Air purifying preparations
Solutions for contact lenses
Disinfectant soap.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Ores of metal
Building materials of metal
Buildings, transportable, of metal and Non-portable metal buildings
In particular, Metal greenhouses
Monuments of metal for tombs, Tombstone plaques of metal, Tombstone stelae of metal
Railway material of metal
Water-pipes of metal
Scaffolding of metal
Ladders of metal
Handling pallets of metal
Furniture casters of metal
Winding spools of metal, non-mechanical, for flexible hoses
Partitions and fences of metal
Safes [metal or non-metal]
Non-electric cables and wires of common metal
Non electric locks of metal
Metal hardware
Tool handles of metal
Nails
Tubes of metal
Chains of metal
Rings of metal
Stays of metal
Door and window frames of metal, Window frames and door frames of metal
Metallic windows and doors
Firedogs [andirons]
Furnace fireguards of metal
Keys of metal
Padlocks
Bells
Letter boxes of metal
Tool boxes of metal, empty
Thread of metal for tying-up purposes
Non-electrical aerial wires of metal
Packaging containers of metal
Boxes, cases, trunks, baskets and containers of metal
Ice moulds of metal
Aluminium foil
Clothes hooks of metal
Tent pegs of metal
Broom handles of metal
Bands of metal for tying-up purposes
Bottles caps and closures of metal
Fixed towel dispensers of metal
Registration plates of metal
Cabanas of metal
Bells
Traps for wild animals
Weather- or wind-vanes of metal
Works of art of common metal
Latticework of metal.
The mark was filed in class 7 with following description of goods:
Machine tools
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand operated hand tools
Incubators for eggs
Agricultural machines
Suction machines for industrial purposes
Woodworking machines
Handling machines, automatic [manipulators]
Packaging and wrapping machines
Pumps [machines]
Electric hand drills
Clippers [machines]
Bulldozers
Crushing machines
Centrifugal machines
Lifts, other than ski-lifts
Sewing and knitting machines
Ironing machines
Washing machines
Kitchen machines, electric
Sorting machines for industry
Saws [machines]
Industrial robots (machines)
Printing machines
Drilling machines
Elevators [lifts]
Knives, electric
Electric welding apparatus
Distribution machines, automatic.
The mark was filed in class 8 with following description of goods:
Hand tools and implements [hand-operated]
Cutlery
Side arms, other than firearms
Razors
Appliances and instruments for slaughtering butchers’ animals
Hand tools for gardening (hand operated)
Shearers [hand instruments]
Electric irons
Wooden tool handles.
The mark was filed in class 9 with following description of goods:
Scientific (other than for medical purposes), nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision) and life-saving apparatus and instruments
Instructional and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Materials for electricity mains (wires, electric cables), electric switches, sockets, plugs and other contacts, fuses, covers for electric outlets
Batteries, electric
Ignition batteries
Couplings, electric
Apparatus for recording, transmission or reproduction of sound or images
Amplifiers
Headphones
Loudspeaker systems
Magnetic data carriers
Recording, magnetic and optical discs, audio and video compact discs
Optical digital versatile disc players (DVD players)
Camcorders
Videotapes
Facsimile machines
Telephone apparatus
Adapters for use with telephones
Battery chargers for use with telephones
Bags, covers and cases for mobile telephones and telephone equipment
Answering machines
Hands-free kits for telephones
Television apparatus, aerials
Transparencies (photography), projection apparatus and screens
Flash-bulbs [photography]
Exposed films
Cases especially made for photographic apparatus and instruments
Dictating machines
Coin-operated mechanisms
Automated teller machines [ATM]
Cash registers, calculating machines
Data processing equipment, computers, computer peripheral devices, readers (computing)
Software, Floppy disks
Modems
Electronic publications, downloadable
Electronic agendas
Video game cartridges
Binoculars (optical), spectacles, contact lenses, cases for spectacles
Integrated circuit cards [smart cards]
Magnetic cards
Credit cards and debit cards
Gift payment cards
Identity cards, magnetic
Telephone credit cards
Directional compasses
Swimming belts and swimming jackets, divers' masks and diving suits
Scales
Head protection
Protection devices for personal use against accidents
Nets for protection against accidents
Clothing for protection against accidents, irradiation and fire
Barometers
Alcoholmeters
Fire extinguishers
Egg timers [sandglasses]
Locks, electric
Electric door bells
Alarm systems
Anti-theft alarms
Magnets
Decorative magnets.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, air conditioning, disinfecting, water supply
Sanitary installations
Ornamental fountains
Fountains
Shower cubicles
Wash-hand basins [parts of sanitary installations]
Bath tubs
Taps
Air deodorizing and purification apparatus
Air cooling and air conditioning apparatus
Cooling installations for water
Electric fans for personal use
Water purifying apparatus
Sterilizers
Filters for drinking water
Solar collectors for heating purposes
Ventilation hoods
Extractor hoods for kitchens
Refrigerating cabinets
Refrigerating containers
Autoclaves, electric, for cooking
Heaters, electric, for feeding bottles
Kettles, electric
Barbecues
Cool boxes, electric
Installations for cooking
Ovens
Cooking stoves
Microwave ovens [cooking apparatus]
Freezers, refrigerators
Gas lighters
Toasters, electric coffee machines
Chip pans (Electric -)
Ice machines
Hair dryers
Sauna bath installations, tanning apparatus
Steam facial apparatus [saunas]
Laundry dryers, electric
Stoves
Fireplaces
Electric bulbs and lamps
Lamps
Headlights and lights for vehicles.
The mark was filed in class 12 with following description of goods:
Vehicles, apparatus for locomotion by land, air or water
Ships, boats
Caravans
Motorcycles, bicycles
Tilt trucks
Lorries
Aerial conveyors
Parachutes
Pontoons
Trailers [vehicles]
Engines for land vehicles
Shock absorbers for automobiles, Automobile tyres, Automobile hoods, Automobile bodies, Automobile chains, Automobile chassis, Bumpers for automobiles, Sun-blinds adapted for automobiles
Windscreens, brakes and brake linings for vehicles
Signal arms for vehicles
Windshield wipers
Rearview mirrors
Inner tubes and spikes for tyres
Pneumatic tyres
Head-rests and safety belts for vehicle seats, safety seats for children for vehicles
Scaffolding, non-metallic, Staircases, not of metal
Windows and doors, not of metal
Outdoor blinds, not of metal and not of textile
Swimming pools (structures, not of metal)
Cabanas, not of metal
Water-pipes, not of metal
Drain pipes, not of metal
Non-metallic transportable structures
Non-metallic non-transportable buildings
Aquaria [structures]
Monuments, not of metal
Advertisement columns, not of metal
Latticework, not of metal
Mulching fabrics not of metal.
The mark was filed in class 20 with following description of goods:
Furniture
Display stands
Mirrors (silvered glass)
Frames (except for building)
Works of art of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Baskets and trays, not of metal, packaging containers of plastic
Boxes of wood or plastic
Kennels and beds for household pets
Display boards
Work benches
Embroidery frames
Numberplates, not of metal
Signboards of wood or plastics
Locks, other than electric, not of metal
Fixed napkin dispensers not of metal
Playpens for babies, cradles
Infant walkers
Mattresses, cushions, pillows, spring mattresses
Clothes hangers and covers for clothes
Curtain rings, rods and hooks
Ladders of wood or plastics
Decorations of plastic for foodstuffs
Slatted indoor blinds
Mannequins and tailors' dummies.
The mark was filed in class 21 with following description of goods:
Non-electric household or kitchen utensils and containers (not of precious metals or coated therewith)
Kitchen utensils and services (tableware) of glass, porcelain and earthenware
Tableware (other than cutlery) not of precious metals
Cooking pot sets, plates, bowls, goblets, boxes for sweetmeats, not of precious metal
Drinking vessels
Stew-pans
Boxes of glass
Cookie jars
Fitted picnic baskets (including dishes)
Thermally insulated containers for food, insulating flasks
Corkscrews, electric and non-electric
Bottle openers, electric and non-electric
Isothermic bags
Drinking flasks for travellers, portable coldboxes, non-electric
Heaters for feeding bottles, non-electric
Brushes for cleaning tanks and containers
Soap dispensers
Toilet paper dispensers
Soap boxes
Clothes-pegs
Dustbins
Basins (receptacles), bowls
Cleaning articles
Insect traps
Indoor aquaria
Flower pots
Baskets, for domestic use, not of precious metal
Combs, sponges, brushes, toothbrushes, nail brushes
Toilet cases and utensils
Perfume sprayers
Baby baths (portable)
Chamber pots
Propagation pots and Seed tray inserts
Gardening gloves.
The mark was filed in class 22 with following description of goods:
Cords (neither of rubber, nor for rackets, nor for musical instruments)
String
Tents
Awnings (except safety awnings and pushchair covers)
Sails
Bags and pouches of textile for packaging
Sacks for the transport and storage of materials in bulk
Padding materials, not of rubber, plastics, paper or cardboard
Raw fibrous textile
Nets
Fishing nets, Hammocks
Thread, not of metal, for wrapping or binding.
The mark was filed in class 24 with following description of goods:
Textiles
Adhesive fabric for application by heat
Upholstery fabrics
Bed and household linen
Table linen (except table linen of paper)
Sheets and pillow cases
Bed covers, Eiderdowns [down coverlets]
Mattress covers
Bath linen, except clothing
Table napkins of textile
Washing mitts and face towels of textile
Billiard cloth
Wall hangings of textile
Curtains of plastic or textile
Tablecloths, not of paper
Oilcloth for use as tablecloths
Sleeping bags [sheeting]
Napkins, of cloth, for removing make-up
Mosquito nets
Linens
Labels of textile
Coverings for furniture
Blinds of textile
Handkerchiefs of textile
Sleeping bags for camping.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beers)
Aperitifs, Cider, Alcohol-based cocktails, Digestifs (alcohol and liqueurs), brandy
Spirits [beverages]
Wine
Rum
Vodka
Whisky
Alcoholic essences and extracts.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Direct mail advertising
Arranging newspaper subscriptions for others
Business management and organization consultancy
Book-keeping
Document reproduction
Employment agency services
Computerized file management
Organization of exhibitions for commercial or advertising purposes
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Rental of advertising space
Dissemination of advertising matter
Public relations services
Wholesaling and retail in relation to the following goods: Horticultural and agricultural products and Products for gardening, DIY, agriculture, animal care and feed, household maintenance and decoration, namely Furniture, Settees, Seats, Armchairs, Chairs, Poufs, Stools, benches, Seating units, bureaus, Tables, Side tables, Dining tables, consoles, Furniture used for storage, Shelves, Suspensions, Decorative lamps, strings of lights, Neon, Night lights, Panel lanterns, Lamp shades and sconces, Lamps, Illuminating apparatus, Clocks, Mirrors, Charts and posters, Picture frames, Photographs, Wall coverings, Dado rails, Vases, jugs, Boxes and Small storage units, Panniers, Baskets and bags, Candles, Candlesticks, candle sticks, Light traps, Tableware (other than knives, forks and spoons), Bottles, Trays, kitchen accessories, Artificial flowers and plants, Flower-pot covers, Curtains, Net curtains, Glazing, blinds, cushions, travellers' rugs, Mats, Household linen, Wallpaper, Panoramic scenery and Posters, Friezes and hair plaits, Wallpaper, Colours, Curtains, entertainment products, namely Art goods of plastic, Books and newspaper, Apparatus for recording, transmission, reproduction and processing of sound or images, Television receiving sets, Radios or Telephone apparatus, Magnetic recording supports, Compact discs (audio-video), Digital compact discs, Compact disc players, Data processing equipment, Computers, handheld computers, Gambling software, Toys, games and playthings, Sporting articles, Sewing, knitting and feed articles
Arranging subscriptions to telecommunication services for others
Commercial administration of the licensing of the goods and services of others
Business management assistance
Business management of performing artists
Business appraisals
Business management consultancy
Professional business consultancy
Business surveys
Business information
Investigations (Business —)
Business research
Business inquiries
Import-export agencies
Cost price analysis
Supply of goods for others, namely Purchasing goods and services for other businesses in relation to the following goods: Agricultural products
Rental of office machines
Administrative processing of purchase orders
Commercial information and advice for consumers [consumer advice shop]
Personnel management consultancy
Tax preparation
Demonstration of goods
Distribution of samples
Updating of advertising material
Market research
Invoicing
Compilation of information into computer databases
Systemization of information into computer databases
Organization of trade fairs for commercial or advertising purposes
Book-keeping
Sponsorship search
Payroll preparation
Personnel recruitment
Psychological testing for the selection of personnel
Presentation of goods on communication media, for retail purposes
Economic forecasting
Sales promotion for others
Telephone answering for unavailable subscribers
Secretarial services
Outsourcing services [business assistance]
Compilation of statistics.
The mark was filed in class 37 with following description of goods:
Provision of information services and consultancy services in relation to the following fields: Construction services, Repair, DIY and Decorating
Building construction supervision
Masonry
Plastering, plumbing or painting
Paper hanging
Roofing services
Sealing and insulating of buildings (construction)
Demolition of buildings
Rental of construction equipment
Rental of apparatus and tools for masonry, plumbing, painting, wallpapering, tiling and other floor coverings
Cleaning of homes, buildings (outer surfaces) and windows
Disinfecting, rat exterminating
Installation, maintenance and repair of burglar alarm devices and machines, of fire alarms, of locks
Installation and repair of heating and ventilation apparatus and systems and of electrical systems
Boiler cleaning and repair
Chimney sweeping
Maintenance and restoration of furniture
Information relating to installation and maintenance.
The mark was filed in class 39 with following description of goods:
Transport
Rental of vehicles, warehouses, storage containers, garages, vehicle roof racks
Packaging and storage of goods
Storage and transport information.
The mark was filed in class 44 with Farming equipment rental, Rental of horticultural equipment or Rental of arboricultural equipment, Farming (animals), Rental of transportable buildings for agriculture, Plant nursery services, Agricultural services, Horticulture, Vermin exterminating for agriculture, horticulture and forestry, Flower arranging, Tree surgery, Landscape design, Garden services, Landscape gardening, Weed killing.