The trademark yellow GARDENLINE by ZGONC was filed by ZGONC Handel GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 1, 2003, and received one opposition filed on August 26, 2003 by Aldi Stores Limited on undefined. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 2003
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Two renewals of the trademark were recorded, one on September 4, 2012, and the other one on June 30, 2022.
Change of name and professional address of the trademark registration was recorded on July 26, 2005. Appointment and Replacement of representative of the trademark registration was recorded on October 7, 2007. Change of name and professional address of the trademark registration was recorded on July 6, 2020. Change of name and address of the trademark registration was recorded on October 1, 2020.
The Opposition with reference B 000636649 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 3, 2005 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Unwrought and partly wrought common metals and their alloys
Anchors, anvils, bells, rolled and cast components
Rails and other metallic materials for railway tracks
Metal chains (except driving chains for vehicles)
Non-electric cables and wires of common metal
Ironmongery
Small items of metal hardware
Fittings of metal for buildings
Metal building materials
Transportable buildings of metal
Small items of metal hardware
Pipes and tubes of metal, safes and cashboxes of metal
Steel balls
Horseshoes
Nails and screws of metal
Goods of common metal not included in other classes
Ores.
The mark was filed in class 7 with following description of goods:
Machines and machine tools
Construction machines, garden machines, motors and engines (except for land vehicles)
Couplings, transmission components and driving belts (except for land vehicles)
Agricultural implements other than hand-operated
Incubators for eggs.
The mark was filed in class 8 with following description of goods:
Hand-tools and instruments
Hand-operated tools, hand-operated implements
In particular garden implements
Razors.
The mark was filed in class 37 with following description of goods:
Construction and repair
Rental of construction machines, bulldozers and construction vehicles
Rental of tools.
The mark was filed in class 44 with Rental of agricultural implements and garden implements.