The trademark was filed by Rain Bird Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on March 10, 2022, and received one opposition filed on June 12, 2022 by MessageBird BidCo B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ABCOR B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Valves
Valves, (parts of machines)
Hydraulically operated valves
Water treatment equipment, namely, pumps for use in irrigation systems
Pump control valves
Hydraulically operated remote control valves for pumps and for use in irrigation systems
Hydraulic valve actuators for use in irrigation systems
Valves for pumps
Machine tools
Agricultural spraying machines
Spraying machines
Agricultural, gardening and forestry machines and apparatus
Agricultural implements, other than hand-operated
Horticultural machines and implements
Gardening tools (Electric)
Gardening machines (Powered)
Irrigation installations for agricultural purposes, apparatus for aerating water
Parts and fittings for all the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Automatic electrical, digital, electronic, and electromechanical controls for irrigation systems, sprinklers and sprinkler systems
Irrigation controllers in the nature of electrical, digital, electronic, and electromechanical irrigation controls for use in irrigation systems
Environmentally responsive electronic controllers for irrigation systems
Digital, electronic, electrical and electromechanical decoder controllers for irrigation systems
Electronic controls
Electronic control systems
Encoder modules and decoder circuits for operating electronic irrigation controllers
Electrical and electronic station modules for expanding the zone operating capacity of electronic irrigation controllers
Sensors
Electronic control modules and electronic accessory components, in the nature of sensors and electronic controller devices, for electronic irrigation controllers
Measuring instruments and devices
Controlling devices
Remote controls
Remote controls for irrigation systems
Signaling apparatus and instruments
Electric and electronic irrigation control panels
Wireless electronic devices for use with irrigation controllers for controlling, operating, monitoring, managing, and/or analyzing irrigation systems and irrigation and water and water use
Timers
Electronic timers
Transceivers
Transmitters of electronic, optical, digital, radio, and/or data signals
Transformers
Control valves for regulating the flow of liquids
Solenoid valves
Power supplies
Software
Computer hardware
Mobile application software
Computer software applications, downloadable
Software and computer hardware for controlling, automating, monitoring and/or analyzing irrigation systems, sprinkler systems and environmental conditions and water use
Downloadable mobile applications
Computer software and hardware for controlling, monitoring and/or analyzing irrigation systems, sprinkler systems, water use, environmental data, and growing conditions
Computer programs and instruction manuals in electronic format for use with controlling, operating, monitoring, managing, and/or analyzing irrigation and sprinkler systems
Electric, electronic, digital, and electromechanical sensors for use with operating irrigation and sprinkler controllers and/or irrigation and sprinkler systems
Gauges
Pressure gauges
Rain gauges
Gauges for use with irrigation systems in the nature of level gauges, wind speed gauges, temperature gauges, soil moisture gauges, salinity gauges, evapotranspiration gauges, moisture gauges
Water level indicators
Thermometers
Surge protectors
Electrical connectors
Electrical switches
Electrical wire
Wire connectors
Plug-in electrical connectors
Integrated circuit modules
Control circuits
Automatic valves
Solar cells
Anemometers
Pressure relief valves for use with drainage pipes
Lighting controls
Calculators
Downloadable software in the nature of a mobile application for the control and monitoring of irrigation systems and of water use
Software for automation
Software for automation of water use
Sonic devices for algae control that prevent algae growth
Water meters
Audio and video recordings
Audio and video recordings about irrigation, and about irrigation and sprinkler systems and equipment, and about water usage, conservation, and management
Electronic publications
Downloadable electronic publications and educational course materials in the fields of irrigation, water conservation and science
Hydraulically operated remote control valves in the nature of automatic control valves
Electric valve actuators
Non-metal cabinets, housings, and boxes in the nature of containers specially adapted for housing electronic irrigation controllers and automatic irrigation valves
Electric valve actuators for use in irrigation systems
Home automation hubs
Parts and fittings for all the aforesaid goods.
The mark was filed in class 11 with following description of goods:
Irrigation sprinklers
Irrigation sprinkler structural parts
Irrigation systems and devices
Irrigation apparatus for horticultural use
Irrigation systems composed of irrigation sprinklers, valves, valve actuators, controllers, hoses and tubing, and other component and replacement parts therefor for watering or irrigation of agricultural crops, lawns, turf, horticultural and ornamental plants
Sprinkler apparatus [automatic] for horticultural irrigation
Lawn sprinkler systems comprising pumps, valves, and filters
Irrigation systems comprising irrigation sprinklers, irrigation sprinkler spray bodies, spray nozzles, water emitters, valves, valve actuators, electronic controllers, sensors, timers, irrigation piping and tubing, filters, and replacement parts therefor
Dripper irrigation systems comprising irrigation tubing, water emitters, water bubblers, valves, valve actuators, filters, electronic controllers, sensors, and replacement parts therefor
Valves being parts of irrigation systems and valve replacement parts therefor
Valves being parts of sprinkler systems
Irrigation spray nozzles
Irrigation sprinkler spray bodies
Sprinkler heads for irrigation sprinklers
Rotors as component parts for irrigation sprinklers for controlling the direction of irrigation spray nozzles
The mark was filed in class 20 with following description of goods:
Valves of plastics, not including machine elements
Water-pipe valves of plastic
Cabinets and housings for valves and irrigation controllers
Furniture
Literature and correspondence racks [furniture]
Stadium cushions
Valves of plastic being other than machine parts
Plastic hose hangers
Plastic signs
Drain traps [valves] of plastic
Parts and fittings for all the aforesaid goods.
The mark was filed in class 21 with following description of goods:
Sprinklers
Sprinklers for watering flowers, plants, and ground
Sprinkler systems, comprising sprinklers, nozzles, emitters, valves, fittings, and couplings and structural parts for the foregoing for watering flowers, plants, and ground
Sprinklers and sprinkler structural parts for watering plants, flowers, gardens, and lawns
Sprinkler heads for watering plants, lawn, and/or garden
Sprinkler nozzles for watering plants, lawn, and/or garden
Sprinklers for watering, flowers, plants, and ground, namely, sprinkler emitters
Hose nozzles
Sprayers attached to garden hoses
Basins
Non-automatic irrigation, watering and sprinkler systems and installations
Sprinkler apparatus
Brushes
Beverageware
Drinking receptacles
Cups
Insulated cups
Mugs
Cork screws
Sprinkler nozzles and hose nozzles
Sprinkling devices
Watering devices
Parts and fittings for all the aforesaid goods.
The mark was filed in class 42 with following description of goods:
Design services
Irrigation system design services for others
Technical engineering consulting services in the field of irrigation and water use management
Technical engineering consulting services in the field of irrigation systems and design of irrigation systems
Providing a website containing technology that enables users to monitor, control, automate, and analyze irrigation and irrigation systems, to monitor and analyze environmental data and conditions, to prepare reports on irrigation and irrigation systems data and/or environmental data and conditions, to store and maintain irrigation and environmental data
Software design
Providing online, non-downloadable software
Software as a service services
Platform as a service services
Providing online, non-downloadable software for monitoring, controlling and analyzing irrigation and irrigation systems and environmental conditions and growing environments
Providing online, non-downloadable software for for monitoring and analyzing environmental data and conditions, for generating and providing alerts and notifications concerning irrigation systems and environmental and growing conditions
Providing online, non-downloadable software for preparing reports on irrigation, irrigation systems, and/or environmental data and conditions, for storing and maintaining irrigation and environmental data
Providing online, non-downloadable software for automation
Providing online, non-downloadable software for automation of water use
Providing technological and scientific information about water conservation and water usage management
Design services for irrigation, watering and sprinkler systems
Water analysis
Scientific and technological services and research and design relating thereto