The trademark SHUTTLE was filed by De Liftfabriek B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on March 22, 2020, and received one opposition filed on June 22, 2020 by Kardex Holding AG on Likelihood of confusion. the opponent was represented by BIRD & BIRD (Netherlands) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003124781 was refused according to Article 8(1)(b) EUTMR with decision issued on December 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal building materials
Transportable buildings of metal
Ladders and scaffolding of metal
Metal fixing products
Load lifting constructions of metal
Lifting systems of metal
Constructions of metal for the transport of goods
Fastenings, connections and joints of metal
Fastenings of metal, Anchoring, Barriers and bracers
Guide profiles, slides and load carriers of metal for the transport of goods
Pulleys of metal for mechanical lifting systems
Elevator cables (Metal -)
Parts for the aforesaid goods, included in this class.
The mark was filed in class 7 with following description of goods:
Moving and handling equipment
Conveyors
Lift installations, Lifting platforms and Lifts, other than ski-lifts and Hoists
Elevator operating apparatus
Cables for lifts, chain hoists
Parts of the aforesaid goods included in this class.
The mark was filed in class 37 with following description of goods:
Installation, assembly, maintenance, repair and disassembly of building and/or construction materials, namely building materials of metal, transportable buildings of metal, gantries of metal and ladders, fasteners of metal, load lifting constructions of metal, lifting systems of metal, constructions of metal for the transport of goods, metal ties, links and connectors, metal equipment to mount, anchor, close and secure, guide profiles, slides and load carriers of metal for the transport of goods, pulleys of metal for mechanical lifting systems, lift cables of metal, handling and loading and unloading apparatus, conveyers, lift installations, platform lifts and lifts and hoists, lift operating apparatus, cables for lifts, chain hoists
Providing installation advice relating to the installation of the aforesaid goods
Rental of the aforesaid building and/or construction materials, namely of building materials of metal, transportable buildings of metal, gantries of metal and ladders, fasteners of metal, load lifting constructions of metal, lifting systems of metal, constructions of metal for the transport of goods, metal ties, links and connectors, metal equipment to mount, anchor, close and secure, guide profiles of metal, metal pulleys for mechanical lifting systems, lift cables of metal, lift installations, platform lifts and lifts and hoists, lift operating apparatus, cables for lifts, chain hoists.