The trademark DEKATHERM was filed by Gumplmayr Armaturen- Heizungs GmbH & Co KG, a corporation established under the laws of the Republic of Austria (the "Applicant") and Rene Götzer, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 12, 2006, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on February 12, 2007 by Ensinger GmbH on Likelihood of confusion. the opponent was represented by HOEGER, STELLRECHT & PARTNER PATENTANWÄLTE MBB and its proceedings were handled in German
The second opposition filed on February 12, 2007 by Dexco S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and its proceedings were handled in English
The third opposition filed on January 26, 2007 by DEKTRADE, a.s. on Likelihood of confusion. the opponent was represented by KOREJZOVA LEGAL V.O.S. and its proceedings were handled in English
The fourth opposition filed on January 16, 2007 by Arbonia Solutions AG on Likelihood of confusion. the opponent was represented by PATENTANWÄLTE BRESSEL UND PARTNER MBB and its proceedings were handled in German
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 October 16, 2006.
Goods And Services
The mark was filed in class 11 with Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
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
Monuments, not of metal.
The mark was filed in class 37 with following description of goods: