The trademark EFA-ALUX was filed by EFAFLEX Tor - und Sicherheitssysteme GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 13, 2020, and received one opposition filed on May 13, 2020 by Alux A/S on Likelihood of confusion. the opponent was represented by PATRADE A/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 13, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Materials of metal for railway tracks
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Pipes and tubes of metal
Safes
Goods of common metal, namely gates and doors and respective parts therefor
Industrial gates and parts therefor, including runners, handles, profiled bars and connecting joints therefor
Gates, in particular spiral gates
Roller doors
Folding gates and parts thereof.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
Electric apparatus and instruments, namely electric, electronic and electrooptical control units and safety devices for gates, doors and roller doors
Apparatus for recording, transmitting or reproduction of sounds, images or data
Data-recording media
Automated machines and mechanisms for apparatus operated by data carriers, namely apparatus and mechanisms for controlling gates and doors
Data-processing equipment and computers
Fire-extinguishing apparatus.
The mark was filed in class 37 with following description of goods:
Building construction
Maintenance and repair of mechanical engineering products, electrotechnical products and industrial gates
Installation services, namely installation of gates, doors, roller doors, folding doors, industrial gates and fittings therefor
The aforesaid services in particular in the field of gate and security systems.