The trademark GREEN SERIES was filed by The Investment Company Europe B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 28, 2022, and received one opposition filed on July 17, 2022 by A&S WORLDWIDE TRADE UK LTD on Likelihood of confusion. the opponent was represented by Antonowicz, Grzegorz and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 17, 2022
The application was filed in Dutch, and Dutch 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:
Natural and artificial manure
Horticultural growing media composts
Mulch for soil enrichment in horticultural environments
Soil conditioning preparations for enhancing the growth of garden products
Natural microorganisms used in pond maintenance.
The mark was filed in class 2 with following description of goods:
Coatings
Thinners and thickeners for coatings, dyes and inks
Dyes, colorants, pigments and inks
Anti-rust preparations
Wood preservatives
Mordants
Preparations [paints] containing agents for preventing attack of wood by insects.
The mark was filed in class 3 with following description of goods:
Cleaning and fragrancing preparations
Furniture polish
Garden furniture cleaner
Polishing wax.
The mark was filed in class 5 with following description of goods:
Weedicides
Biological herbicides
Pest control preparations and articles
Pond herbicides
Plant-protection preparations.
The mark was filed in class 6 with following description of goods:
Metal hardware
Locks and keys, of metal
Arbours [structures] of metal
Metallic insect screens for windows
Household stepladder and Ladders of metal.
The mark was filed in class 7 with following description of goods:
Gardening tools (Electric -)
Cultivators [power lawn and garden tools]
String trimmers [power lawn and garden tools]
Chippers [power lawn and garden tools]
Water pumps for use in garden ponds
Power-operated garden hose reels
Riding lawn mowers
Electric lawnmowers
Electric leaf blower
Electrical pumps for ponds.
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
Garden tools, hand-operated
Border shears
Garden forks
Gardening scissors
Three-prong cultivators for gardening
Sprayers for use in horticulture [hand tool]
Sprayers [hand-operated tool] for garden use in spraying weedkillers.
The mark was filed in class 9 with following description of goods:
Electric cables and wires
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Jack plugs
Rechargeable batteries, Battery chargers
Sunglasses
Radios incorporating clocks
Directional compasses
Apparatus and instruments for astronomy
Binoculars
On-board computers
Satellite navigation equipment
Measuring equipment and/or Apparatus for the recording, in the following fields: Time, velocity, acceleration, altitude, Ambient temperature, Room humidity and Cleanliness
Electronic weighing scales for personal use
Scales
Temperature measuring instruments.
The mark was filed in class 11 with following description of goods:
Garden lighting
Lighting armatures
Decorative lighting sets
Fireplaces
Stoves [heating apparatus]
Infrared lamps, Including, in particular, Heat sources
Barbecues and Barbecue accessories, The aforesaid goods included in this class, Including the following goods: Grills for barbecuing and Spits, Braziers
Garden heaters
Water purification apparatus, machines and installations
Water distribution installations
Solar lamps
Garden showers
Garden sprinklers [automatic]
Watering apparatus [automatic] for garden use
Filters for ponds
Light tubes being parts of insect killing apparatus.
The mark was filed in class 16 with following description of goods:
Printed matter
Workbooks
Memorandum books
Graphic reproductions
Photographs [printed], Posters
Photographic albums
Gardening calendars
Planners (printed matter) and agendas
Picture postcards and Greeting cards
Table napkins of paper
Decorative paper garlands for parties
Portraits.
The mark was filed in class 18 with Parasols.
The mark was filed in class 19 with following description of goods:
Statues and works of art made of materials such as stone, concrete and marble, included in the class
Building materials (not of metal), natural and artificial stone, cement, lime, mortar, gypsum and gravel
Window boxes made of concrete
Transportable greenhouses, growing tunnels, conservatories, Greenhouses and Other greenhouses, gazeboz, garages, Pergolas
Canopies and porches, not of metal
Building construction materials, None being of metal, In particular building materials for the following goods: Greenhouses, Growing tunnels, conservatories, Greenhouses and Other greenhouses, gazeboz, garages, Pergolas
Canopies and porches
Gravel, Tiles, Paving stones, Stones for dry-stone walls and rockery stones
Rock work, not of metal
Decorative finishing boards/pieces/panels/parts of plastic for building construction, including wall panels, floor parts, ceiling panels
Wood for gardening
Columns, pillars
Balustrades, not of metal
Swimming pools, not of metal, canopies/covers for swimming pools
Ponds [non-metallic structures]
Stone lanterns [garden ornaments of stone]
Insect screens (Non-metallic -) for doors
Door panels, Sliding doors, Roller shutters, Folding doors and blinds, None being of metal
Water-pipes, not of metal, and their accessories, included in this class.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Lawn furniture
Plastic furniture for gardens
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Indoor blinds, and fittings for curtains and indoor blinds
Packaging boxes made of plastic and plastic storage chests
Furniture, including storge cupboards and storage furniture
Tea trolleys
Steps [ladders], not of metal
Racks and holders (racks) for garden tools and garden utensils
Boot holders [boot racks]
Hose reels (not of metal)
Seed trays, temperature boxes, nursery containers
Non-metal garden stakes
Combination kneeler and seat for gardening
Baskets, non-metallic
Wall racks for plants
Compost waste containers and garden waste containers, Non-metal plates
Rockeries or rock formations, Venetian blinds and indoor slatted blinds
Gazing globes
Bird nesting boxes
Insect houses
Insect cages.
The mark was filed in class 21 with following description of goods:
Flower pots
Vases
Window-boxes
Non-metallic flower boxes
Flower pots and Flower planting bowls
Rose arches of plastic
Earthenware for indoor and outdoor use
Candlesticks and candleholders
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Barbecue tongs
Gardening gloves
Sprayer wands for garden hoses
Nozzles for watering hose
Brushes for connection to garden hose
Insect traps
Electric devices for attracting and killing insects.
The mark was filed in class 22 with following description of goods:
Ropes and strings
Nets
Tarpaulins, awnings, tents, and unfitted coverings
Nets for protective use in gardening
Plastic ties for garden use
Plastic ties for home or garden use.
The mark was filed in class 24 with following description of goods:
Kitchen and table linens
Pillow shams
Loose covers for garden furniture.
The mark was filed in class 25 with following description of goods:
Clothing, Including the following goods: Gardening clothes
Casualwear
Footwear
Rain boots
Wooden shoes
Hats.
The mark was filed in class 27 with following description of goods:
Artificial ground coverings
Carpets, rugs and mats
Imitation turf for use in covering surfaces for recreational purposes
Artificial turf.
The mark was filed in class 28 with Festive decorations, party novelties and artificial Christmas trees.
The mark was filed in class 35 with following description of goods:
Publicity and sales promotion services
Dissemination of advertising and promotional materials
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Provision of assistance [business] in the establishment of franchises
Services in connection with processing of Internet shop purchase orders
Commercial business management of online shops and commercial operation thereof
Collecting and systematising data in a database in relation to fulfilling orders for others
Import and export, retailing and wholesaling in relation to the following goods: Natural fertilisers, Artificial manures, Compost, Mulch, Soil conditioning preparations for stimulating the growth of garden produce and Natural microorganisms used in pond maintenance
Import and export, retailing and wholesaling in relation to the following goods: coatings, namely, Paints, Thinners and thickeners, Dyes, Dyes, Pigments, Inks, Anti-rust products, preservation agents for wood, Stainers and Preparations [paints] containing preservatives to protect against wood damage by insects
Import and export, retailing and wholesaling in relation to the following goods: Wires, Ducting, Apparatus and instruments for the conduction, distribution, conversion, storage, regulation and control of electric current, plugs, Rechargeable batteries, Battery chargers, sun glasses, Radio alarm clocks, Directional compasses
Import and export, retailing and wholesaling in relation to the following goods: Apparatus and instruments for astronomy, Binoculars, Trip computers, Satellite navigational apparatus, Apparatus for measuring and/or recording time, speed, acceleration, altitude, ambient temperature, humidity and air quality, Electronic weighing scales for personal use, Temperature sensors and controllers
Import and export, retailing and wholesaling in relation to the following goods: Herbicides, Biological herbicides (preparations for destroying weeds), Pest control preparations and articles, Pond herbicides and Plant-protection products
Import and export, retailing and wholesaling in relation to the following goods: Small items of metal hardware, locks, Screw keys, Arbours, namely, Structures, of metal, Insect screens of metal for windows and Household ladders and Ladders of metal
Import and export, retailing and wholesaling in relation to the following goods: Electric gardening tools, cultivators, Bill-hooks, Shredding machines, Water pumps for use in garden ponds, Power-operated garden hose reels, Riding lawn mowers, Electric lawn mowers, Electric leaf blowers and Electrical pumps for ponds
Import and export, retailing and wholesaling in relation to the following goods: Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance, Garden tools [hand tools], Border shears, garden rakes, garden snips, Three-tine garden cultivators, sprayers [hand-operated] and atomizers for spraying herbicides
Import and export, retailing and wholesaling in relation to the following goods: Garden lighting, Light fittings, Decorative lighting sets, Fireplaces, Stoves (heating apparatus), Infrared heaters, barbeque and Barbecue utensils, Braziers, Garden stoves, Water purification apparatus, Machines for purifying water and Water purification installations, Water pipes
Import and export, retailing and wholesaling in relation to the following goods: Solar-powered lamps, Water apparatus for gardening, Automatic garden sprinklers, Watering apparatus [automatic] for garden use, Filters for ponds and Luminous tubes for devices for destroying insects
Import and export, retailing and wholesaling in relation to the following goods: Printed matter, Work books, Notebooks, Graphic reproductions, Photographs, Posters, Photograph albums, Gardening calendars, planners, appointment books, Picture postcards, Greeting cards, paper napkins, decorative paper garlands for parties, Flowerpot covers of paper
Wholesale and retail trading services, Import and Export, in relation to the following goods: Parasols
Import and export, retailing and wholesaling in relation to the following goods: image and works of art, Building material, Window boxes made of concrete, Transportable greenhouses, Growing tunnels, Conservatories, Greenhouses, Arbours, garages, pergolas, lean-to shelters and Canopies, gravel, Briquettes, Flagstones, stones for dry stone construction, rockery stones, Rockeries, decorative facings, Brackets, Wall panels, Parquet flooring, Ceiling coffers
Import and export, retailing and wholesaling in relation to the following goods: Wood for horticultural use, Columns, Pillars, balustrades, swimming pools, Canopies, Swimming-pool covers, Ponds, Lanterns Of stone, Door screens to protect against insects, Door panels, Sliding doors, Roller shutters, Folding doors and blinds and Water pipes
Import and export, retailing and wholesaling in relation to the following goods: Furniture, Mirrors, Picture frames, lawn furniture, Plastic furniture for gardens, Indoor blinds, Fasteners for indoor curtains and blinds, blinds, Pleated blinds, Screening and Venetian blinds
Import and export, retailing and wholesaling in relation to the following goods: Cusions, planters, Natural stone benches, containers Being made of plastic, Storage boxes, Storage crates Being made of plastic, Lockers, Storage furniture, tea carts, Steps, Racks and holders (racks) for garden tools and equipment, boot holders [boot racks], holders for garden hoses, Seed trays, Growing trays
Import and export, retailing and wholesaling in relation to the following goods: planters, Cold frames, Garden stakes, Combination kneeler and seat for gardening, baskets, Wall racks for plants, Compost waste containers, garden waste containers, water tanks, Garden balls, Nesting boxes for birds, Insect boxes, namely, Insect hotels
Import and export, retailing and wholesaling in relation to the following goods: Flower pots, Vases, plant pots and Flower planting bowls, Rose arches
Earthware, Candlesticks, Candle vessels, barbecue tongs, Gardening gloves, sprayer wands for garden hoses, Nozzles for watering hoses, Brushes that connect to garden hoses, Insect control traps and Electric devices for attracting and killing insects
Import and export, retailing and wholesaling in relation to the following goods: ropes, Strings, nettings, Tarpaulins, tents, Tie-wraps Being made of plastic
Import and export, retailing and wholesaling in relation to the following goods: kitchen linens, Table linen, pillow shams, Loose covers for garden furniture
Import and export, retailing and wholesaling in relation to the following goods: Articles of clothing, Footwear, Wellingtons, Wooden shoes and Headgear
Import and export, retailing and wholesaling in relation to the following goods: Coverings of artificial turf, carpets rugs and Mats, Artificial turf
Import and export, retailing and wholesaling in relation to the following goods: Party decorations, Party favours and artificial Christmas trees
Merchandising
Administrative support and data processing services
Including the aforesaid services being provided via electronic networks, including the internet, internet platforms or social media.