The trademark ELO-POL was filed by ELO-Stahlwaren Karl Grünewald & Sohn GmbH & Co KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2022, and received one opposition filed on December 13, 2022 by "ELO-POL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by AG Górska Tułecki Spółka Partnerska Kancelaria Patentowa i Radcowska and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 8 with following description of goods:
Spreaders [cutlery]
Oyster openers
Canteens of cutlery made of precious metal
Boxes adapted for cutlery
Biodegradable forks
Biodegradable spoons
Biodegradable knives
Biodegradable cutlery
Butter knives
Egg slicers
Disposable tableware [cutlery] made of plastics
Table cutlery [knives, forks and spoons]
Cutlery of precious metals
Cutlery for use by babies
Cutlery for use by children
Filleting knives
Fish scalers
Meat choppers [cleavers]
Table forks
Forks
Forks made of precious metal
Forks and spoons
Canteens of cutlery
Mandolins for slicing vegetables
Grapefruit spoons
Grapefruit knives
Bread knives [hand operated]
Bread slicers [hand-operated]
Vegetable choppers (Hand-operated -)
Vegetable slicers, hand-operated
Hand-operated vegetable shredders
Cheese slicers [hand-operated]
Hand-operated slicers
Pasta cutters (Hand operated -)
Carving knives (Hand operated -) for household use
Hand-operated choppers
Hand operated food dicers
Implements for decanting liquids [hand tools]
Household knives
Japanese chopping kitchen knives
Potato peelers [hand implements]
Potato peelers [knives]
Ladles [hand tools]
Cheese slicers
Cheese knives
Ceramic knives
Chef knives
Kitchen knives
Thin-bladed kitchen knives
Fish slicing kitchen knives
Spoons
Spoons made of precious metal
Scaling knives
Knife handles
Cutlery
Cutlery of precious metal for cutting
Tin openers, non-electric
Egg slicers, non-electric
Non-electric garlic choppers
Non-electric garlic cutters
Cheese slicers, non-electric
Kitchen knives (Non-electric -)
Pizza cutters, non-electric
Fruit knives
Pizza slicers
Scissors for kitchen use
Paring knives
Peeling knives
Souvenir collector spoons
Spatulas [hand tools]
Table knives, forks and spoons of plastic
Table knives, forks and spoons for babies
Rammers [hand tools]
Sterling silver table forks
Sterling silver table spoons
Table knives
Sterling silver table knives
Silver plate [knives, forks and spoons]
Spoons for tea
Stainless steel table forks
Stainless steel table spoons
Stainless steel table knives
Cake cutters
Carving knives
Choppers being knives
Vegetable choppers
Non-electric fruit peelers
French fry cutters
Non-electric vegetable peelers
Cutlery, kitchen knives, and cutting implements for kitchen use
Except products for industrial kitchens.
The mark was filed in class 21 with following description of goods:
Tableware, cookware and containers
Plastic bins [dustbins]
Litter baskets of metal
Chopstick rests
Lockable non-metal household containers for food
Draining trays
Dish drying racks
Foil food containers
Aluminium moulds [kitchen utensils]
Glass storage jars
Storage jars
Ramekins
Oven to table racks
Gratin dishes
Baking sheets of common metal
Baking trays made of aluminium
Bakeware [not toys]
Baking utensils
Bakeware
Baking mats
Pastry brushes
Baking dishes
Mugs
Mug trees
Beverageware
Household containers
Canister sets
Biodegradable bowls
Biodegradable trays
Biodegradable trays for domestic purposes
Biodegradable plates
Candy boxes
Bowls for candy
Bulb basters
Frying pans
Frying pan lids
Cooking skewers
Spits [other than parts of cooking apparatus]
Cooking skewers, not of metal
Bread boards
Roasting pans
Butter dishes
Butter coolers
Butter pans
Brushes for basting meat
Cocktail sticks
Cupcake molds
Double boilers
Steamers [cookware]
Closures for pot lids
Double heat insulated containers for food
Boxes of precious metal for sweets
Enamel boxes
Steamer baskets
Wire baskets [cooking utensils]
Egg cups
Buckets
Glass jars [carboys]
Disposable paperboard bakeware
Disposable lids for household containers
Cruets
Dripping pans
Bottle coolers [receptacles]
Bottle stands
Meat tenderisers for household purposes
Bottles
Shallow bowls
Shallow pans for cooking
Finger bowls
Moulds [kitchen utensils]
Ice cube moulds
Chip pan baskets
Egg poachers
Containers for household or kitchen use
Jars for household use
Jars for cooking grease, empty
Utensil jars
Vegetable dishes
Vegetable mashers
Oven-to-table tableware
Spice racks
Beverage coolers [containers]
Shakers for spices
Basting spoons [cooking utensils]
Pouring spouts for household use
Boxes of glass
Glassware for household purposes
Glasses [receptacles]
Grill pans made of precious stone
Grills [cooking utensils]
Grill supports
Plastic bag holders for household use
Hand-operated food grinders
Household or kitchen utensils
Utensils for household purposes
Thermally insulated flasks for household use
Oven heat resistant pads
Holloware
Insulated containers for beverage cans, for domestic use
Thermal insulated containers for food or beverage
Insulating flasks
Heat-insulated containers for beverages
Insulating jars
Thermally insulated containers for food
Coffee pots
Stew-pans
Caviar coolers
Ceramics for kitchen use
Cookery moulds
Cooking pot sets
Aluminium cookware
Saucepan lids
Cooking pots, non-electric
Cooking pots for use in microwave ovens
Cooking utensils, non-electric
Combined lids for kitchen containers
Compostable bowls
Cake tins
Cake moulds
Baskets of common metal for household use
Baskets for household purposes
Kitchen containers
Kitchen utensils
Cake brushes
Cake servers
Cake moulds of non-metallic materials
Cake stands of non-metallic materials
Plastic bowls [household containers]
Plastic plates
Plastic coasters
Basting brushes
Kitchen paper holders
Cooking strainers
Scrapers (kitchen implements)
Cooking funnels
Isothermic bags
Refrigerating bottles
Spoon rests
Flour sifters
Reusable stainless steel water bottles sold empty
Cruet stands
Knife blocks
Knife boards
Carver rests
Milk churns
Mixing cups
Milk pans
Muffin tins
Non-electric canners [pressure cookers]
Cooking pots and pans [non-electric]
Non-electric food mixers
Grinders (Non-electric -)
Skillets
Metal pans
Oven mitts
Pancake frying pans
Non-electric cooking pans
Spatulas
Pepper pots
Pizza peels
Plastic bottles
Plastic funnels
Cruets not of precious metal
Cruets of precious metal
Cookie [biscuit] cutters
Graters
Rice cookers for use in microwave ovens
Sushi rolling mats
Mixing spoons [kitchen utensils]
Mixing bowls
Salad bowls
Salad spinners
Salad tongs
Salt cellars of precious metal
Salt cellars
Sandwich boxes
Salt shakers of precious metal
Bowls for nuts
Scoops for household purposes
Slotted spoons
Abrasive instruments for kitchen [cleaning] purposes
Dutch ovens
Feeding cups
Whisks
Cutting boards for the kitchen
Pressure cookers
Chocolate molds
Earthenware saucepans
Dish covers
Dishes
Trivets [table utensils]
Sieves [household utensils]
Mustard pots
Serving platters
Serving pots
Cream and sugar sets
Strainers
Syrup jugs
Soufflé dishes
Gravy boats
Spaghetti tongs
Spaghetti servers
Vessels of metal for making ices and iced drinks
Skewers (cooking utensil)
Skewers for use in cooking
Meal trays
Trays for household purposes
Epergnes
Tableware, other than knives, forks and spoons
Services [dishes]
Tea infusers
Pastry boards
Pastry cutters
Rolling pins, domestic
Dumpling moulds for household use
Plates not of precious metal
Pan scrapers
Pot lids
Potholders
Pot stands
Pie pans
Pie servers
All-purpose portable household containers
Carving boards
Funnels
Drinking vessels
Pots
Vacuum jars
Food storage containers
Water bottles
Woks
Wine drip collars specially adapted for use around the top of wine bottles to stop drips
Heat insulated domestic vessels of glass
Laundry baskets
Lemon squeezers
Sushi rolling equipment
Sugar bowls
Brushes
Brush holders
Sponges for household purposes
Except products with integrated heating systems and/or control systems
Except products for industrial kitchens.
The mark was filed in class 35 with following description of goods:
Retail services in relation to cookware
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Retail services in relation to kitchen appliances
Wholesale services in relation to cookware
Wholesale services in relation to kitchen appliances