The trademark VERVE was filed by Kingfisher International Products Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on September 12, 2022, and received one opposition filed on December 12, 2022 by SAPPI LIMITED on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and address of the trademark registration was recorded on March 26, 2023.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry
Chemicals used in agriculture, horticulture and forestry
Chemicals for use in pesticides
Unprocessed artificial resins
Unprocessed plastics
Manures
Chemical substances for preserving foodstuffs
Chemical additives for insecticides
Anti-sprouting preparations for vegetables
Birdlime
Carbolineum for the protection of plants
Chemical preparations to prevent mildew
Filtering materials (chemical preparations)
Filtering materials (unprocessed plastics) for use in forestry
Fertilisers
Fertilising preparations
Glue for industrial flower preservatives
Flowers of sulphur for chemical purposes
Grafting mastic for trees
Grafting wax for trees
Gums (adhesives), other than for stationery or household purposes
Mould-release preparations
Synthetic resins, unprocessed
Water-purifying chemicals
Water-softening preparations
Peat (fertiliser)
Peat pots for horticulture
Plant growth regulating preparations
Plant growth products
Plant growth regulators
Substances for promoting plant growth
Potting soil
Preparations of trace elements for plants
Seed-preserving substances
Seaweeds (fertilisers)
Soil-conditioning preparations
Substrates for soil-free growing (agriculture)
Tree-cavity fillers (forestry)
Fertilisers (natural and artificial)
Potting composts
Soil enhancers
Topsoil
Water purification or softening preparations
Chemicals
Welding chemicals for use in agriculture, horticulture and sylviculture
Substances for treatment against indoor and outdoor moisture for walls, loam, peat, composts, soils and ingredients thereof
Waterproofing compounds, loam, peat, composts, soils and ingredients thereof
Water repellents
Chemicals for use in gardening
Chemicals for use in the care of house plants
Soil conditioning chemicals
Chemicals for soil analysis
Fertilizers
Horticultural growing media
Compost
Soil substitutes
Plant food
Plant nutrients
Plant substrates
Biostimulants for plants
Preparations for fortifying plants
Mulch for use as a weed suppressant
Bark products for use as a weed suppressant
Water absorbing compounds
Water retaining compounds.
The mark was filed in class 5 with following description of goods:
Preparations for destroying vermin
Fungicides
Herbicides
Weedkillers, anti-moss agents
Bactericides
Insecticides
Rodenticides, raticides
Algicides
Disinfectants for hygienic use
Parasiticides
Deodorants (other than for personal use)
Wall-treatment agents namely fungicide
Insecticide treatments
Disinfectants
Pesticides
Chemical preparations for pesticidal purposes
Preparations for destroying the reproductive systems of vermin and of insects
Fumigating preparations for destroying harmful organisms in the soil
Pharmaceutical preparations for the relief of insect stings and of insect bites
Mildewcides
Air fresheners
First aid kits
Plasters
Herbicides for use in gardening
Herbicides for use in the care of house plants.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Pipes and tubes of metal
Greenhouse frames of metal
Cold frames of metal
Greenhouses of metal, transportable
Grilles of metal
Gutter pipes of metal
Prefabricated houses (kits) of metal
Reels of metal, non-mechanical, for flexible hoses
Water tanks of metal
Taps for casks of metal
Tree protectors of metal
Trellises of metal
Water pipes of metal
Water-pipe valves of metal
Greenhouse frames
Greenhouses
Silos
Traps for wild animals made of metal
Hooks
Trellises and latticework
Metal pipe connectors
Valves (other than parts of machines)
Reels
Building structures for agricultural or horticultural use
Water pipe valves
Conservatory frames of metal
Transportable conservatories of metal
Hose fittings
Hose clips
Cloches (metal framed) for gardening use
Hanging flower baskets of metal
Metal plant pot stands
Metal brackets for hanging baskets
Garden wire
Barbed wire
Compost bins of metal
Water butts of metal
Lawn edging (metallic)
Connectors of metal for hoses
Wire mesh
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Measuring instruments and apparatus
Measuring sensors
Earth sensors
Soil moisture meters
Protective and safety equipment
Knee pads (except orthopaedic knee pads)
Protective gloves
Protective visors and glasses
Protective masks
Breathing masks (other than those for artificial respiration)
Protective helmets
Gloves for protection against accidents
Safety footwear
Face-shields
Protective face shields
Protective clothing and footwear
High-visibility safety clothing
Frames for protective glasses
Protective work clothing.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Incinerators
Composting grills
Water filtering apparatus
Water softening or purifying apparatus and machines
Ornamental water fountains
Water tanks
Pressurised water tanks
Water flushing installations
Filters (parts of household or industrial installations)
Filters for swimming pools
Water heaters
Irrigation devices (machines) for gardening use
Sprinkler machines for garden irrigation
Agricultural irrigation units
Drip irrigation emitters
Drip irrigation systems
Irrigation apparatus for horticultural use
Irrigation spray nozzles
Irrigation sprinklers
Heating systems and heaters for greenhouses
Humidifier apparatus for greenhouses
Ventilation apparatus for greenhouses
Heating mats for plants
Propagators (electric) for plants
Garden fountains
Garden water features
Ball cocks
Stop-cocks of metal
Parts and component parts for all the aforesaid goods.
The mark was filed in class 16 with following description of goods:
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Bags of plastic for lining refuse bins
Rubbish bags
Plastic bags for household use
Plastic bags for garden use
Bags of paper for lining refuse bins
Paper bags for household use
Paper bags for garden use.
The mark was filed in class 17 with following description of goods:
Flexible non-metallic pipes
Hoses
Irrigation hoses
Watering hoses
Watering hoses for irrigation
Pipes, tubes and hoses, all made wholly or principally of non-metallic materials
Non-metallic hose pipes
Non-metallic connectors for hose pipes
Hose reels
Hose sprayers
Polythene for covering plants
Plastic weed suppressing membranes
Plastic plant covers for protection against moisture, heat or cold
Parts fittings and accessories for all the aforesaid goods.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic transportable buildings
Lawn edging strips (non-metallic)
Greenhouse frameworks
Cold frame boxes
Cold frames being protective enclosures for horticultural use
Cold frames for use in horticultural use in plant propagation
Cold frames for horticultural use in seed germination
Greenhouses
Garden shelters
Sheds
Reed lattice
Gazebos
Bird baths (not of metal)
Garden sheds of non-metallic materials
Garden ornaments being non-metallic building structures
Pre-fabricated greenhouses (non-metallic)
Pergolas (non-metallic)
Cloches (non-metallic frame)
Water tanks (non-metallic) [structures]
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 20 with following description of goods:
Wood baskets
Furniture including garden furniture
Decorative items of wood
Plaster or plastic namely statues
Statuettes
Garden stands
Planters
Hand-operated non-metal garden hose reels
Balcony planters
Bins
Wickerwork
Portable water containers made of plastic
Water storage tanks
Water storage tanks (non-metallic) [containers]
Hanging basket liners (plastic)
Hanging baskets (flower) of non-metallic materials
Stakes for plants
Stakes for trees
Tubs made of plastics for containing plants
Tubs made of wood for containing plants
Compost bins of non-metallic materials
Containers not of metal
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 21 with following description of goods:
Fly swatters
Insect traps
Pottery
Vases not of precious metal
Pots
Indoor pots
Outdoor pots
Pans (for plants)
Flowerpot covers (not of paper)
Raised garden planters
Basins
Troughs
Saucers
Saucers for flower pots
Statues and statuettes of porcelain, terra cotta or glass
Watering devices
Nozzles for sprinkler hose
Sprinklers
Watering cans
Pipe guides
Buckets
Plant holders
Gardening gloves
Decorative items of wood, plaster, or plastic, namely vases
Pet cages
Pet accessories for cages
Bird cages
Bird baths
Bird tables
Bird feeders
Litter trays
Refuse bins
Vegetable racks
Bins and refuse bins
Trash cans
Vegetable drainers
Earthenware namely glass vessels, flower pot holders, figurines, all these goods of precious metal
Garden hose sprayers
Sprayer nozzles for garden hoses
Pottery and porcelain
Shoe-scrapers incorporating brushes
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 22 with following description of goods:
Textile storage bags
Hammocks
Awnings
Awnings of fabric
Awnings of plastic
Awnings of synthetic material
Awnings made of textile material
Dust sheets
Rope
Plant hangers of rope
Synthetic rope
Twine
Binding twine made of natural textile fibres
Binding twine made of plastic fibres
Cord.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Aprons
Coveralls
Clothing for DIY and gardening, shoes and boots (except for medical use)
Wellington boots
Gloves
Working shoes
Sweatshirts
Articles of outer-clothing
Waterproof clothing
Waterproof outer clothing
Fleeces
Gilets
Jackets
Overalls
Trousers
Shorts
T-shirts
Polo-t-shirts.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors