The trademark application ZSOLNAY was filed by Zsófia Márta Mattyasovszky-Zsolnay, a national of Hungary (the "Applicant") and Viktor Tibor Mattyasovszky-Zsolnay, a national of Hungary (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 11, 2015, and it was registered by office on May 21, 2015 without any oppositions.
The application was filed in Hungarian (German was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2015.The first Cancellation was filed by Zsolnay Porcelánmanufaktúra Zrt. (represented by GASSAUER-FLEISSNER RECHTSANWÄLTE GMBH) on March 20, 2022 and Final decision – EUTM fully cancelled.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 5, 2017. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on March 23, 2022.
The Appeal with reference B R1867/2018-5 was EUTM cancelled according to Article 59(1)(b) EUTMR with decision issued on September 26, 2021 by the EUIPO. The Cancellation with reference B 000013763 was EUTM cancelled according to Article 59(1)(b) EUTMR with decision issued on August 7, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 19 with following description of goods:
Frames (Non-metallic -) for glazed windows
Frames (Non-metallic -) for glazed windows
Frames (Non-metallic -) for glazed windows
Clay
Earth for bricks
Door casings, not of metal
Doors, not of metal
Door panels, not of metal
Door casings, not of metal
Manhole covers, not of metal
Reinforcing materials, not of metal, for building
Wall linings, not of metal, for building
Coatings [building materials]
Surfacings, not of metal, for building
Wall tiles, not of metal, for building
Mouldings, not of metal, for building
Platforms, prefabricated, not of metal
Porches, not of metal, for building
Monuments, not of metal
Memorial plaques, not of metal
Non-metallic building materials
Slabs, not of metal, for building
Building stone
Buildings, not of metal
Building panels, not of metal
Gutters (Roof -), not of metal
Flashing, not of metal, for building
Wall linings, not of metal, for building
Wall claddings, not of metal, for building
Wall tiles, not of metal
Potters' clay
Girders, not of metal
Gypsum
Granite
Floorboards
Mantlepieces
Doors, not of metal
Chimneys, not of metal
Chimney pots, not of metal
Potters' clay [raw material]
Fences, not of metal
Clinker stone
Grave or tomb enclosures, not of metal
Stone
Stonemasonry (Works of -)
Coal tar
Binding agents for making stones
Tombs, not of metal
Stair-treads [steps], not of metal
Staircases, not of metal
Stringers (parts of staircases), not of metal
Marble
Busts of stone, concrete or marble
Balustrading
Ceilings, not of metal
Mosaics for building
Works of art of stone, concrete or marble
Non-metal posts
Foundry molds [moulds], not of metal
Tile floorings, not of metal
Floors, not of metal
Moldings, not of metal, for cornices
Mouldings, not of metal, for building
Fireclay
Angle irons, not of metal
Vaults, not of metal [burial]
Tombs [monuments], not of metal
Tombstone plaques, not of metal
Tomb slabs, not of metal
Tombstone stelae, not of metal
Gravestones
Tomb slabs, not of metal
Chimney cowls, not of metal
Statuettes of stone, concrete or marble
Statuettes of stone, concrete or marble
Bricks
Terra cotta
Roofing tiles, not of metal
Roofing tiles, not of metal
Roofing tiles, not of metal
Roofing tiles, not of metal
Roof flashing, not of metal
Hips for roofing
Roofing, not of metal, incorporating solar cells
Refractory construction materials, not of metal
Fire burrs
Road coating materials.
The mark was filed in class 41 with following description of goods:
Academies
Arranging and conducting of workshops [training]
Organization of balls
Coaching
Health club services
Publication of electronic books and journals on-line
Entertainer services
Performances (Presentation of live -)
Arranging and conducting of colloquiums
Photography
Film production, other than advertising films
Movie studios
Cinema presentations
Party planning
Photographic reporting
Training (Practical -) [demonstration]
Arranging and conducting of concerts
School services
Ticket reservation agencies
Club services
Arranging and conducting of conferences
Arranging and conducting of congresses
Publication of books
Organization of exhibitions for cultural or educational purposes
Tutoring
Museum services
Language interpreter services
Education
Education information
Educational examination
Providing on-line electronic publications, not downloadable
Providing on-line videos, not downloadable
Production of radio and television programmes
Production of shows
Arranging of shows
Operating lotteries
Providing sports facilities
Rental of sports grounds
Organization of sports competitions
Providing recreation facilities
Vocational retraining
Arranging and conducting of seminars
Arranging of beauty contests
Arranging and conducting of symposiums
Theatre productions
Entertainment
Rental of tennis courts
Organization of competitions
Videotaping
Production of music
Orchestra services
Music compilation
Publication of texts.
The mark was filed in class 43 with following description of goods: