The trademark EBB + FLO was filed by Toolstation 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 October 13, 2019, and received one opposition filed on January 13, 2020 by Flo Technologies, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MISHCON DE REYA LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 13, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 24, 2021. Appointment and Replacement of representative of the trademark registration was recorded on October 13, 2022. Appointment and Replacement of representative of the trademark registration was recorded on October 17, 2022.
Goods And Services
The mark was filed in class 11 with following description of goods:
Apparatus for heating, steam generating, drying, ventilating, water supply and sanitary purposes
Plumbing fixtures
Plumbing fittings
Taps
Mixer taps
Kitchen and bathroom taps and mixers
Showers
Shower heads and handsets
Shower control apparatus
Plugs for showers, sinks, baths and wash basins
Washers for water faucets and for water taps
Sinks, bathroom sinks, kitchen sinks
Overflow systems
Shower valves and shower mixing valves, thermostatic valves, radiator valves, steam valves, ball valves, mixing valves, valves being plumbing fittings
Level, water and shower control valves
Manually operated plumbing valves
Float valves
Safety valves for water pipes and water apparatus
Stop valves for regulating water
Water regulating values, tub control valves
Shower valves, ball valves, mixing valves, regulating valves, air valves for steam heating installations, thermostatic valves, thermostatic mixing valves, thermostatic fire valves, safety valves, stop valves, pressure relief valves, automatic valves, water inlet valves, water outlet valves, wet and dry riser valves
Stop cocks
Strainers for water lines
Sink strainers, coarse strainers for water screening, strainers for use with shower trays
Expansion vessels
Dosing pots for water heating and cooling systems
Heat exchangers
Condensate pumps
Flues
Shower hoses
De-aerators
Parts, fittings and accessories for the aforesaid goods but excluding any plumbing products of any nature which are connected or controlled by a mobile device or through an IOT system and further excluding any system, device or component (including without limitation valves) used for or primarily relating to (i) leak detection, (ii) centralized water control for a home/building, (iii) water quality assessment or monitoring, in each case whether mechanical or electronic for use in residential or commercial settings.