The trademark I trac was filed by Titan Intertractor GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 11, 2021, and received one opposition filed on April 11, 2021 by INFIAUTO, S.A. on Likelihood of confusion. the opponent was represented by J.D. NUÑEZ PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 11, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Appeal with reference B R2351/2022-1 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on May 9, 2023 by the EUIPO. The Opposition with reference B 003144080 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 9, 2022 by the EUIPO.
The application claimed as seniority of the Republic of Austria trademark null registered on October 12, 1980 and filed on October 12, 1980 which was accepted by the office.
Goods And Services
The mark was filed in class 6 with Tracked and crawler track spare parts made of metal, namely chain members, end members, stoppers, closure members, flanges, annular members, repair members, pulleys.
The mark was filed in class 7 with following description of goods:
Tracks
Track sets being parts of machines
Complete rolling mechanisms with track sets being parts of machines
Mechanical apparatus for mounting tracks
Spare parts for track and track sets being parts of machines, namely tracks, chain journals, annular elements, repair elements, pulleys, idler rollers, guide pulleys, guide pulleys with tensioning devices as components, hubs for guide pulleys, ledges guide pulleys, pinions gable rims
Spare parts for construction machinery, namely skids, pinions, sprocket flanges, track guiding pulleys with tensioning devices such as components, buckets, skips, draglines, grading blades, scarifiers, mechanical and hydraulic components of hydraulic units control of construction machinery and their equipment
Steel frames for undercarriages of tracked machinery in this class.
The mark was filed in class 12 with following description of goods:
Tracked vehicles
Tracks for tracked vehicles
Track sets being parts of vehicles
Complete track roller bearing systems being parts of vehicles
Parts and fittings for tracked vehicles of all kinds
Parts of rolling mechanisms for tracked vehicles
Spare parts for track and track sets being parts of vehicles, namely track, chain journals, repair elements, supporting rollers, guide pulleys, guide pulleys with tensioning devices as components, hubs for guide pulleys, guide pulley flanges, gables, galbe edges
Steel frames for undercarriages of tracked vehicles in this class.
The mark was filed in class 17 with Non-metal gaskets and Non-metal pipe couplings and joints..
The mark was filed in class 37 with Repair and maintenance of tracked vehicles, namely track repairing, repair of steel frames for undercarriages of tracked vehicles, as well as of conveyor belts and of spare parts for constructions machinery and Repair of tracked vehicles, namely track mounting..