The trademark PoliCell was filed by PoliCell GmbH & Co. KG, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 6, 2023, and received one opposition filed on February 1, 2024 by IMPUR, S.L.U. on Likelihood of confusion. the opponent was represented by H&A and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 1, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 17 with following description of goods:
Damping and insulating material, For building
Damp course, waterproof and damp-proof insulation and barrier articles and materials For building, Goods not of metal, namely
Insulating and barrier materials for building, including being fireproof, for use in civil engineering construction and for operational installations, in particular foam glass in a variety of forms for use as barrier and insulating materials.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal, Especially Foam glass For buildings
Building materials consisting of glass, And Building materials consisting primarily of glass, Especially, Granules, Clinker ballast, Beads, other bulk materials, Slabs, blocks, Tubes, All other semi-finished goods
Building and construction materials and elements, not of metal
Asphalt patching compounds with a tar base
Refractory construction materials, not of metal
Fireproof seals in the nature of building materials
Building and construction materials and elements made of pitch, tar, bitumen or asphalt
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Building materials for the manufacture of light concrete
Building and constructional material, Of light concrete
Intumescent construction materials.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to the following goods: Building materials consisting of glass And Building materials consisting primarily of glass, Especially granules, clinker ballast, Pearls and Other bulk materials, Records, Blocks and Tubes, All other semi-finished goods
Retail and wholesale services in relation to the following goods: Building materials With barrier and insulating properties
Wholesaling and retailing relating to building materials for the manufacture of light concrete
Retail and wholesale services, in relation to the following goods: Building materials, Made from the following materials: Beton or Lightweight concrete
Retail and wholesale services, in relation to the following goods: Intumescent building materials
Wholesaling and retailing relating to damp course, waterproof and damp-proof building materials, not of metal
Wholesaling and retailing relating to insulating and barrier materials for building, including being fireproof, for use in civil engineering construction and for operational installations, in particular foam glass in a variety of forms for use as barrier and insulating materials
Retail and wholesale services, in relation to the following goods: Building materials and structural building elements, Non-metal tubes
Retail and wholesale services, in relation to the following goods: Building materials, Namely of, Asphalt patching compound With a tar base
Retail and wholesale services, in relation to the following goods: Fire-proof building products, Non-metal tubes
Retail and wholesale services, in relation to the following goods: Fireproof seals in the nature of building materials, Non-metal tubes
Retail and wholesale services, in relation to the following goods: Building materials and structural building elements, Made from the following materials: pitch, Asphalt, pitch and bitumen
Retail and wholesale services, in relation to the following goods: Building materials and structural building elements, Made from the following materials: Sand, Stone, Rock, sound, Minerals and Beton.