The trademark SILKEN was filed by HOTELES SILKEN, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 10, 2007, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on September 10, 2007 by Silke AB on Earlier sign & right to prohibit use of later TM under national law. and its proceedings were handled in English
The second opposition filed on September 10, 2007 by Xella International GmbH on Likelihood of confusion. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and its proceedings were handled in English
The third opposition filed on September 10, 2007 by Imperial Chemical Industries Limited on Likelihood of confusion. and its proceedings were handled in English
The fourth opposition filed on September 6, 2007 by LABORATORIOS DIAFARM, S.A. on Likelihood of confusion. the opponent was represented by SUGRAÑES, S.L.P. and its proceedings were handled in ES
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on January 21, 2017.
of the trademark registration was recorded on January 21, 2017. Change of name and professional address of the trademark registration was recorded on August 19, 2007. Appointment and Replacement of representative of the trademark registration was recorded on March 21, 2010. Change of name and professional address of the trademark registration was recorded on September 13, 2015. Change of name and professional address of the trademark registration was recorded on September 14, 2015. A transfer of the trademark registration was recorded on January 6, 2016.
The Refusal with reference B 004962858 was partially rejected according to Article 7(1)(b) CTMR with decision issued on March 5, 2007 by the EUIPO. The Opposition with reference B 001198904 was rejected according to Rule 20(1) CTMIR with decision issued on August 20, 2009 by the EUIPO. The Opposition with reference B 001212455 was rejected according to Article 8(1)(b) CTMR with decision issued on November 4, 2009 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Dust absorbing, wetting and binding compositions
Fuels (including motor spirit) and illuminants
Candles and wicks for lighting.
The mark was filed in class 5 with following description of goods:
Sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies
Food for babies
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides.
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
Pipes and tubes of metal
Safes
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
Motors and engines (except for land vehicles)
Machine coupling and transmission components (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 implements (hand operated)
Cutlery
Side arms
Razors.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials.
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 12 with Vehicles and vehicles for locomotion by air, land or water..
The mark was filed in class 13 with following description of goods:
Firearms
Ammunition and projectiles
Explosives
Fireworks.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes
Jewellery, precious stones
Horological and chronometric instruments.
The mark was filed in class 15 with Musical instruments.
The mark was filed in class 17 with following description of goods:
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, not of metal.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddle.
The mark was filed in class 20 with Furniture, mirrors, picture frames and goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics..
The mark was filed in class 21 with following description of goods:
Household and kitchen utensils and containers (not of precious metal or coated therewith)
Combs and sponges
Brushes (except paint brushes)
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes.
The mark was filed in class 22 with following description of goods:
Ropes, string nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile.
The mark was filed in class 26 with Buttons, hooks and eyes, pins and needles.
The mark was filed in class 27 with Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors and wall hangings (non-textile)..
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.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs, milk and milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Flour and preparations made from cereals, bread, pastry and confectionery, ices
Honey, treacle
Yeast, baking-powder
Salt, mustard
Vinegar, sauces (condiments)
Spices
Ice.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products and grains not included in other classes
Live animals
Fresh fruits and vegetables
Seeds, natural plants and flowers
Malt.
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic drinks
Fruit drinks and fruit juices
Syrups and other preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beers).
The mark was filed in class 34 with following description of goods:
Tobacco
Smokers' articles
Matches.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs.
The mark was filed in class 37 with following description of goods:
Building construction
Repair
Installation services.
The mark was filed in class 38 with Telecommunications.
The mark was filed in class 40 with Treatment of materials.
The mark was filed in class 45 with Personal and social services rendered by others to meet the needs of individuals and security services for the protection of property and individuals..