The trademark toolpanel was filed by Item Industrietechnik GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 7, 2018, and received one opposition filed on February 6, 2019 by PANEL FIJACIONES, SDAD. COOP. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2019
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2571/2017-5 was Application partially rejected according to Article 7(1)(b) EUTMR with decision issued on July 31, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Building materials and construction materials and building elements and construction elements of metal
Transportable buildings of metal
Components of metal or predominantly of metal
Guiderails for bearings, roller troughs, trough moulds, the aforesaid goods of metal
Materials of metal for railway tracks
Nonelectric cables and wires of common metal
Cable conduits
Ironmongery, small items of metal hardware
Pipes and Metal rails
Safes
Unprocessed and semi-processed materials of metal, not adapted for a specific purpose
Metal shapes
Extruded aluminium sections
Ores
All of the aforementioned goods except metallic screws.
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 19 with following description of goods:
Building materials and elements, not of metal
Components consisting of plastic, recirculating ball guideways, rotor shafts, shaft clamping profiles, the aforesaid goods not of metal
Non-metallic rigid pipes for building
Asphalt, pitch and bitumen
Non-metallic transportable buildings
Monuments, not of metal.
The mark was filed in class 20 with Closures for swing and sliding doors, handles, locks, rollers, connecting straps, brackets, cable and hose holders, included in class 20 and Mirrors, picture frames..
The mark was filed in class 37 with following description of goods:
Building construction
Repair and maintenance of workplace furniture
Maintenance and repair of machines, motors and engines
Installation services, namely relating to workstation furniture.
The mark was filed in class 40 with Treatment of materials, Namely abrasion, Millworking, Sawing of materials, Grinding, Soldering and Custom assembling of materials for others..
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial design
Industrial analysis and research services in the field of technology and mechanical engineering
Engineering services
Research and development, for others
Surveying, for others
Construction drafting
Technical project studies
Design and development of computer hardware and software
Advisory services relating to computer programming