The trademark AQUAFIT HOCHWASSERSCHUTZ was filed by AQUAFIT Hochwasserschutz GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 27, 2008, and received one opposition filed on October 27, 2008 by null on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FRY HEATH & SPENCE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2008
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on December 1, 2008.
Goods And Services
The mark was filed in class 17 with Materials for insulating buildings and parts of buildings and membranes of plastic and plastic foils, other than for packaging, for protecting buildings and parts of buildings from intruding flows of water and sludge, and other immissions in disaster scenarios, including storms and floods..
The mark was filed in class 19 with Building materials (non-metallic).
The mark was filed in class 22 with Tarpaulins, in particular for covering buildings and parts of buildings.
The mark was filed in class 37 with Building sealing and installation, maintenance, servicing and repair services in connection with measures to protect buildings and parts of buildings in disaster scenarios..
The mark was filed in class 42 with Structural engineering with regard to protecting buildings and parts of buildings from intruding flows of water and sludge, and other immissions, in disaster scenarios, including storms and floods, including consultancy and planning relating thereto and research and development in the field of disaster protection, surveying with regard to disaster protection measures, and materials testing, technical project studies and architectural consultancy in connection therewith..