The trademark florawand was filed by Novus Home GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 23, 2023, and received one opposition filed on May 8, 2023 by hagebau Handelsgesellschaft für Baustoffe mbH & Co. KG on Likelihood of confusion. the opponent was represented by RECHTSANWÄLTE SCHILS & KOLLEGEN and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003195547 was refused according to Article 8(1)(b) EUTMR with decision issued on February 28, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 19 with following description of goods:
Acoustic panels, not of metal
Building materials, not of metal
Building materials with soundproofing qualities, not of metal
Building panels, not of metal
Manufactured timber
Wood for making household utensils
Partitions, not of metal
Movable partitions [walls] of non-metallic materials
Frames (Non-metallic -) for use with partitions
Wall tiles, not of metal
Wall linings, not of metal, for building
Acoustic panels of wood for walls
Acoustic panels of wood for ceilings.
The mark was filed in class 26 with following description of goods:
Artificial flowers
Wreaths of artificial flowers
Artificial flowers of textile
Artificial fruit, flowers and vegetables
Artificial flowers of paper
Bouquets of artificial flowers
Artificial flower arrangements
Artificial plants, other than Christmas trees.
The mark was filed in class 31 with following description of goods:
Natural plants
Trees
Dried plants
Plants
Flowers
Floral decorations [natural]
Natural plants and flowers
Fresh flower arrangements
Flowers, dried, for decoration
Trunks of trees
Plants, dried, for decoration
Fresh plants
Flowering plants
Dried flower arrangements
Floral decorations [dried]
Preserved flowers
Preserved flowers for decoration
Dried flowers
Bouquets of dried flowers
Arrangements of dried flowers for decorative purposes.