The trademark IDEAL was filed by G. Eichenwald GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 23, 2022, and received one opposition filed on December 11, 2022 by ASOIN S.L. on Likelihood of confusion. the opponent was represented by DELGADO DÍAZ, MARIA BELÉN and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 8, 2024.
The Opposition with reference B 003184708 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 25, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Building materials of metal
Metal railings, Including with integrated lighting
Hand railings of metal
Grab rails of metal
Staircases of metal, Including with integrated lighting
Stepladders of metal, Including with integrated lighting
Supports, including movable (with joints), of metal
Structures and transportable buildings of metal
Steel buildings
Metal hardware
Metal panels
Nuts, bolts and fasteners, of metal
Stainless steel
Parts and accessories for all the aforesaid goods, included in this class
All the aforesaid goods in the field of use in or with swimming and bathing pools, whirlpools, saunas, steam baths and/or ponds and in the outdoor area, in particular in the garden.
The mark was filed in class 11 with following description of goods:
Sanitary installations and devices
Stainless steel sanitary ware
Showers
Heated swimming pools
Sanitary goods
Fountains and ornamental fountains and fittings relating thereto
Waterfall showers
Cascades for showers
Cooking, heating, cooling and preserving apparatus and equipment for food and beverages
Barbecues
Water supply installations
Water purification, desalination and conditioning installations
Sanitary installations
Sanitary fittings
Sprinkler and irrigation installations
Parts and accessories for all the aforesaid goods, included in this class
All the aforesaid goods in the field of use in or with swimming and bathing pools, whirlpools, saunas, steam baths and/or ponds and in the outdoor area, in particular in the garden.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Water toys
Waterslides
Basket ball baskets for mounting in/on swimming pools
Sports equipment, Physical exercise equipment
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 40 with following description of goods:
Custom production and manufacturing services relating to railings, ladders and stairs of swimming pools and showers, fountain showers and waterfall showers in the field of use in or with swimming and bathing pools, whirlpools, saunas, steam baths and/or ponds and in the outdoor area, in particular in the garden
Custom manufacture of steel construction elements
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.