The trademark +calor ESPECIALISTAS EN BIENESTAR was filed by INDUSTRIAS ROYAL TERMIC, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 16, 2007, and received one opposition filed on December 12, 2007 by CALOR GAS LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by A.A. THORNTON & CO. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2007
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
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
Heat accumulators, air conditioning apparatus
Installations for conditioning air
Water sterilizers
Water supply installations
Water heating installations
Air heaters
Hot air bath fittings
Air driers
Flares
Baths
Heaters for baths
Bath installations
Heat pumps
Shower enclosures
Heating boilers
Central heating radiators
Water heaters, air heaters, heaters for baths, pocket heaters, bed heaters, immersion heaters
Heat regenerators
Domestic fireplaces
Air conditioning apparatus
Cookers
Kilns
Solar collectors (heating)
Disinfectant apparatus
Fuel economizers
Stoves [heating apparatus]
Evaporators
Gas boilers
Taps
Kettles
Electric pressure cooking saucepans
Solar furnaces
Incinerators
Sinks
Lamp shades
Heating plates
Radiators (heating)
Heat regenerators
Sauna installations
Heat exchangers (not parts of machines)
Ventilation (air-conditioning) installations and apparatus.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, not included in other classes
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
The mark was filed in class 35 with following description of goods:
Commercial retailing, catalogue sales and sales via the Internet of sanitary installations, bed and table linen, thermostats, apparatus for heat control, towel rails, insulated bottles, fire extinguishing apparatus, common metals and their alloys, metal building materials, machines and machine tools, ironmongery and small items of metal hardware, apparatus for heating and air conditioning, electrical appliances, instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for lighting, radiators, air conditioning, building materials (non-metallic), insulators, floor coverings
Dissemination of advertising samples
Organization of trade fairs for commercial or advertising purposes
Advertising
Advertising material services (brochures, prospectuses, printed sheets, samples)