The trademark PRIMULATOR was filed by Primulator Spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on November 22, 2023, and received one opposition filed on February 19, 2024 by Gamrat, Michał on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 19, 2024
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to food cooking equipment
Wholesale services in relation to cooling equipment
Wholesale services in relation to freezing equipment
Wholesale services in relation to refrigerating equipment
Wholesale services in relation to heating equipment
Wholesale services in relation to furniture
Retail services in relation to kitchen appliances
Retail services in relation to metal hardware
Retail services in relation to food cooking equipment
Retail services in relation to heating equipment
Retail services in relation to sanitation equipment
Retail services in relation to refrigerating equipment
Retail services in relation to cooling equipment
Retail services in relation to freezing equipment
Retail services in relation to furniture
Electronic order processing
Administrative processing of purchase orders
Import and export services
Advertising, marketing and promotional services
Direct marketing
Digital marketing
Trade marketing [other than selling]
Event marketing
Internet marketing
Publication of printed matter for advertising purposes
Publication of printed matter for advertising purposes in electronic form
Publication of advertising literature
Publication of publicity materials and texts
Publication of publicity materials
Publication of publicity materials on-line
Advertising
Online advertising on a computer network
Advertising in the popular and professional press
Providing consumer product information via the Internet
Providing commercial information to consumers
Providing consumer information relating to goods and services
Arranging of demonstrations for advertising purposes
Promoting and conducting trade shows
Conducting of trade shows
Exhibitions (Conducting -) for advertising purposes
Organization of exhibitions for commercial or advertising purposes
Advertising services to promote the sale of beverages
Retail services in relation to preparations for making beverages
Wholesale services in relation to preparations for making beverages
Providing consumer product information relating to food or drink products.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of kitchen equipment
Installation of commercial cooking apparatus
Furnace installation and repair
Electric appliance installation and repair
Installation of fitted furniture
Installation of kitchens
Maintenance of industrial machinery
Maintenance, servicing and repair of household and kitchen appliances
Maintenance of automata
Installation of catering equipment
Kitchen equipment installation
Machinery installation, maintenance and repair
Furniture installation
Freezers (Repair of -)
Maintenance and repair of electronic apparatus
Maintenance and repair of refrigerating apparatus
Repair and restoration of household articles
Repair or maintenance of vending machines
Repair or maintenance of electric cooking apparatus and installations
Repair or maintenance of consumer electric appliances
Repair or maintenance of freezing machines and apparatus
Repair or maintenance of machines and apparatus for processing beverages
Repair or maintenance of machines and apparatus for processing foods
Repair or maintenance of electronic machines and apparatus
Repair or maintenance of machines and apparatus for processing food or beverages
Repair or maintenance of non-electric cooking apparatus and installations
Repair or maintenance of cooking apparatus and installations
Repair of electrical equipment
Repair of electrical equipment and electrotechnical installations
Repair of cooking apparatus
Repair of water supply apparatus
Repair of electronic apparatus
Repair of household and kitchen appliances
Repair of shopfitments
Overhaul of machines
Routine servicing of refrigerating apparatus
Renovation of machinery
Maintenance of consumer electric appliances
Maintenance of electronic apparatus
Providing information relating to the repair or maintenance of semiconductor manufacturing machines and systems
Providing information relating to the repair or maintenance of cooking apparatus and installations
Providing information relating to the repair or maintenance of non-electric cooking apparatus and installations
Providing information relating to the repair or maintenance of electric cooking apparatus and installations
Providing information relating to the repair or maintenance of machines and apparatus for processing food or beverages
Providing information relating to the repair or maintenance of cooking apparatus
Providing information relating to the installation of electrical apparatus
Providing information relating to the repair or maintenance of vending machines
Providing information relating to the installation of machinery
Providing information relating to the repair or maintenance of consumer electrical appliances
Providing information relating to the repair or maintenance of freezing machines and apparatus
Providing information relating to the repair and maintenance of furnaces
Installation of plant
Heating contractor services
Maintenance of beverage processing apparatus
Cleaning of machines
Repair information.
The mark was filed in class 41 with following description of goods:
Training relating to the restaurant industry
Staff training in the use of electrical equipment
Arranging of training courses
Arranging technical instruction courses
Demonstration [for instructional purposes]
Know-how transfer [training]
Education and instruction
Organisation of congresses and conferences for cultural and educational purposes
Provision of non-downloadable films
Training and further training consultancy
Consultancy relating to vocational skills training
Provision of training courses
Courses (Training -) relating to customer services
Arranging and conducting of educational events
Arrangement of conferences for educational purposes