The trademark adControl was filed by Uwe Beier, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 14, 2019, and received one opposition filed on July 10, 2019 by ADIQUIMICA S.A. on Likelihood of confusion. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 10, 2019
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003088696 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 30, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machines and machine tools for treatment of materials and for manufacturing
Machines for processing metal, wood and plastic
Machines for assembly and handling
Handling machines, automatic [manipulators]
Motors and engines, drive units and controllers for operating machines, motors and engines
Industrial robots
Service Robot
Robots (machines), remote controlled, adjusted, optimised and/or monitored by means of cloud computing, cloud networks or internet of things communications
Pumps, compressors and fans
Current generators
Moving and handling equipment
Mechatronic systems, consisting predominantly of hydraulic, pneumatic and/or mechanical components, In class 7
Mechatronic machine parts
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 37 with following description of goods:
Installation, commissioning, maintenance and repair of electric, electronic, mechanical and mechatronic apparatus, machines and installations of all kinds
Installation, commissioning, maintenance and repair of measuring, detecting and monitoring instruments, devices and regulators
Installation, commissioning, maintenance and repair of information technology, audiovisual, multimedia and photographic apparatus
Installation, commissioning, maintenance and repair of electric and electronic data recording, processing, transmitting, storing and output apparatus
Installation, commissioning, maintenance and repair of sensors, force sensors, contact sensors, pressure sensors for measuring surface pressure, proximity sensors, electromechanical actuators and sensors, electronic and electromechanical apparatus and carriers and cyber-physical sensors
Installation, commissioning, maintenance and repair of terminals, interfaces, and input and output apparatus, including keyboards and displays
Installation, commissioning, maintenance and repair of screens, touch-sensitive electronic screens, touch-sensitive input apparatus, operating stations, operating terminals, graphic and alphanumeric displays.
The mark was filed in class 38 with following description of goods:
Telecommunications
Providing access to information on the Internet
Telecommunication services provided via Internet platforms and portals
Telecommunication services
Information transmission services via digital networks
Network transmission of sounds, images, signals and data
Local area networks (Operation of -)
Providing access to platforms and portals on the Internet
Providing user access to portals on the Internet
Data exchange using internet platforms and portals
Telecommunication services provided via platforms and portals on the Internet and other media
Providing access to databases
Access to content, websites and portals
Provision of access to electronic messaging systems
Electronic data interchange services
Automatic data transfer via telecommunications portals
Providing user access to global computer networks
Providing access to online computer databases
Audio, video and multimedia broadcasting via the Internet and other communications networks
Streaming audio and video material on the Internet
Providing of access to documents or data stored in central files
Provision of on-line forums
Computer communication and Internet access
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Research in the field of technology, in particular in the field of mechatronic technologies
Technical consultancy in the field of measurement and automation technology
Surveying
Providing expertise in the technical and technological field
Design and development of computer hardware and software
IT services, namely programming and implementation of software, hosting, software as a service (SaaS) and rental of software, rental of computer hardware and installations, IT consultancy and information, IT security, protection and repair, data duplication and conversion, data encoding, computer analysis and diagnostics, research and development, and implementation of computers and computer systems
IT services, namely computer project management, data mining, digital watermarking, computer services, technological services in relation to computers, computer networking, updating of memory banks in computer systems, data migration, updating of websites, for others, monitoring of computer systems by remote access
Preparation of data processing programmes
Engineering services
Mathematics services
Physics [research]
Programming
Technical consultancy
Testing, authentication and quality control
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.