The trademark Y was filed by Zora Energy Renewables Limited, 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 July 16, 2015, and received one opposition filed on October 5, 2015 by GRUPO YBARRA ALIMENTACIÓN, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 5, 2015
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 18, 2017.
The Opposition with reference B 002589276 was rejected according to Article 8(1)(b) CTMR with decision issued on February 28, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Dust absorbing, wetting and binding compositions
Fuels (including motor spirit) and illuminants
Fuel (wood)
Wood fibres (fuels)
Wood heating pellets [fuel]
Wood chips for use as fuel.
The mark was filed in class 17 with following description of goods:
Goods of rubber, gutta-percha, gum, asbestos and mica, namely mouldings of rubber, gutta-percha and gum for packaging (padding), insulating paints and lacquers, insulating gloves, plastic seals, plastic film other than for wrapping, connectors (not of metal) for pipes and tubes, floating anti-pollution barriers
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, not of metal
Insulation and barrier articles and materials.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic rigid pipes for building
Asphalt, pitch and bitumen
Non-metallic transportable buildings
Intumescent construction materials.
The mark was filed in class 22 with following description of goods:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials
Wood shavings
Shavings (Wood -) for use as a stuffing.
The mark was filed in class 37 with following description of goods:
Installation and repair of heating, ventilation, and air conditioning installations
Furnace installation and repair
Heating equipment installation and repair
Installation and repair of drying devices and dryers
Installation and repair of burners
Installation and repair of energy installations
Installation and repair of machinery.
The mark was filed in class 40 with following description of goods:
Treatment of materials for generating energy and heat