The trademark BC SANITAN was filed by Jacuzzi UK Group plc, 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 April 19, 2009, and received one opposition filed on July 19, 2009 by SANITANA - Fábrica de Sanitários de Anadia, S.A. on (a) Likelihood of confusion, (b) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by FURTADO - MARCAS E PATENTES, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2009
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Installations and apparatus for lighting, heating, steam generating, refrigerating, ventilating, water supply and sanitary purposes
Bathroom suites
Sanitaryware
Baths
Moulded baths for indoor or outdoor use
Moulded or cast baths with built in aeration systems
Bath panels
Ceramic bath panels
Wooden bath panels
Bath screens
Spa baths
Spa bath vessels
Baths incorporating air jets
Baths with hydromassage apparatus
Thermal baths
Whirlpool baths
Baths adapted for conversion to whirlpool baths
Steam baths
Steam generators for use with steam baths
Hot tubs
Whirlpool tubs
Venturis being whirlpool bath products
Whirlpool spa bath installations
Pools
Foot baths
Sauna bath installations
Apparatus for use in dispensing steam or spray onto the face
Facial saunas
Facial sauna apparatus
Sauna apparatus
Sauna bath installations
Sauna heaters
Sauna stoves
Shower enclosures for use in generating steam and for distributing steam
Showers
Shower baths
Shower heads
Hand held showers
Shower hoses
Shower roses
Shower diverters
Shower mixers
Shower trays
Shower screens
Over bath shower screens
Shower enclosures
Shower bath cubicles
Shower doors
Sinks
Stainless steel sinks
Sinks of metal
Sink units and parts and fittings therefor
Kitchen sinks
Wash troughs
Basins
Wash basins
Wash hand basins
Vanity bowls
Vanity units
Pedestals for sinks
Toilets
Apparatus for controlling the flow of water to toilets
Flushing apparatus for toilets
Toilet seats
Toilet bowls
Urinals
Cisterns
Water closet systems
Operating levers for cisterns
Bidets
Therapeutic whirlpool baths
Hydrotherapy products, namely bath fittings and installations, spa bath fittings and heaters, bath plumbing fixtures
Hydrotherapy systems sold as a unit comprising tub vessels, water filters, and water heaters
Hydrotherapy systems sold as a unit comprising bath fittings and installations, spa bath fittings and installations, spa bath fittings and heaters, bath plumbing fixtures
Massage bath installations
Whirlpool jet apparatus
Apparatus for generating massaging currents in baths
Thrust producing nozzles for propelling and steering water, steam or heat
Jet nozzles for generating massage currents in spa baths
Jet nozzles for warm air circulation in bubble baths
Jets for bath apparatus
Jets for hydrotherapy baths
Water dispensers
Taps
Water taps
Taps for baths
Taps for sinks
Taps for basins
Shower taps
Tap handles
Apparatus for the distribution of water for kitchens
Dehumidifiers
Water filters
Water purification apparatus and installations
Machines for water purification
Filters for swimming pools and spa bath filters
Installations for the treatment of water for use in whirlpool baths, spas and pools
Sanitising apparatus
Heated towel rails
Bath plumbing fixtures
Bath cabinets
Radiators
Heaters for baths
Heaters for shower baths
Water heaters for showers
Hot air bath fittings
Installations for heating whirlpool baths, spas and pools
Floor heating apparatus for bathrooms, shower rooms and water closets
Towel warming apparatus
Towel warming drawers
Residential and commercial swimming pool equipment (sold as a unit), namely water and air hoses, hose connectors, water fill spouts, water output jets, water suction strainers, and water suction covers
Residential and commercial swimming pool equipment, namely, automatic water separation systems all sold as a unit
Residential and commercial swimming pool equipment (sold as a unit), namely, filters and underwater lights
Lights
Walls lights
Ceiling lights
Underwater lights
Underwater lighting apparatus
Plugs for sinks
Plugs for basins
Waste fittings for sinks and basins
Pipes for use in bathrooms
Waste pipes
Skimmers, drains and inlets for whirlpool baths, spas and pools
Sink drains
Tub drains
Bath drains
Shower drains
Hand grips adapted for use with baths
Hand grips adapted for use with showers
Faucets
Fill spouts
Handles especially adapted for taps
Brassware, being taps, mixer taps, bath filters, tap hole sets, bath overflow filter kits, shower mixers, thermostatic shower mixers, combined bath and shower mixers, tap heads
Mixer faucets for water pipes
Non-metallic flexible tubes being parts of whirlpool bath installations
Parts, spare parts and fittings for all of the aforesaid goods.
The mark was filed in class 20 with following description of goods: