The trademark TMS was filed by HERRENKNECHT AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 3, 2020, and received one opposition filed on July 30, 2020 by TALLERES MECANICOS DEL SUR S.A. on Likelihood of confusion. the opponent was represented by NEWPATENT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 30, 2020
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 003127196 was rejected according to Article 8(1) EUTMDR with decision issued on May 24, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Mining machines and Tunnelling machines..
The mark was filed in class 12 with Lorries for mines and Lorries for tunnelling..
The mark was filed in class 37 with following description of goods:
Mining extraction
Mining extraction
Tunnelling
Dyke construction
Construction of bridges
Construction engineering
Building, construction and demolition
Maintenance and repair of vehicles, machines and apparatus for mining
Maintenance and repair of vehicles, machines and apparatus for tunnelling
Maintenance and repair of vehicles, machines and apparatus for civil engineering
Maintenance and repair of vehicles, machines and apparatus for the construction of bridges
Maintenance and repair of vehicles, machines and apparatus for dyke construction
Maintenance and repair of vehicles, machines and apparatus for building, assembly and demolition
Repair and maintenance of lorries
Repair and maintenance of lorries for mines
Repair and maintenance of lorries for tunnelling
Repair and maintenance of lorries for civil engineering
Repair and maintenance of lorries for the construction of bridges
Repair and maintenance of lorries for dyke construction
Repair and maintenance of lorries for building, assembly and demolition
Rental of machines and apparatus for building purposes
Rental of machines and apparatus for mining
Rental of machines and apparatus for tunnelling
Rental of machines and apparatus for civil engineering
Rental of machines and apparatus for the construction of bridges
Rental of machines and apparatus for dyke construction
Rental of machines and apparatus for building, assembly and demolition.
The mark was filed in class 39 with following description of goods:
Vehicle hire
Rental of vehicles for mining
Rental of vehicles for tunnelling
Rental of vehicles for civil engineering
Rental of vehicles for the construction of bridges
Rental of vehicles for dyke construction
Rental of vehicles for building, assembly and demolition
Rental of lorries
Rental of lorries for mining
Rental of lorries for tunnelling
Rental of lorries for civil engineering
Rental of lorries for the construction of bridges
Rental of lorries for dyke construction
Rental of lorries for building, assembly and demolition.
The mark was filed in class 42 with Engineering consultancy services.