The trademark neo Pool & Spa was filed by Joël Ryckbosch, a national of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on November 25, 2007, and received one opposition filed on February 25, 2008 by S.A. Spa Monopole, Compagnie fermière de Spa, en abrégé S.A. Spa Monopole N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by GEVERS and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 25, 2008
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with Chorine, chlorinated products for disinfecting water.
The mark was filed in class 3 with Non-chlorinated products for disinfecting water, disinfectant soaps and preparations for cleaning and scouring swimming pool liners, preparations for cleaning spas..
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Materials of metal for railway tracks
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Pipeworks of metal
Safes
Ores
Swimming pools, not included in other classes
Telescopic broom handles of metal.
The mark was filed in class 7 with Dosing pumps and cleaning robots..
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Accessories of all kinds for the aforesaid goods, in particular filters (sand filters, cartridge filters, diatom filters), electric heating apparatus
Solar collectors (heating)
Chlorinating apparatus for swimming pools
Water disinfectant apparatus
Automatic systems for disinfecting water by salt electrolysis
Automatic systems for disinfecting water by means of ultra-violet light.
The mark was filed in class 17 with Flexible pipes, not of metal.
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
Swimming pools, not included in other classes.
The mark was filed in class 20 with Telescopic broom handles, not of metal.
The mark was filed in class 21 with Equipment for maintaining swimming pools and spas, namely brooms, brushes, automatic cleaning brooms, mechanical brooms.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Inflatable swimming pools
Landing nets for fishing.
The mark was filed in class 37 with following description of goods: