The trademark ALPEX was filed by Fränkische Rohrwerke Gebr. Kirchner GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2020, and received one opposition filed on July 14, 2020 by Georg Fischer Pfci S.R.L on Likelihood of confusion. the opponent was represented by WEIß, ARAT & PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 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 003126155 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 1, 2022 by the EUIPO.
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
Ores
Branching pipes of metal
Jets of metal
Fittings of metal for compressed air ducts
Containers of metal for compressed gas or liquid air
Underdrainage pipes of metal
Penstock pipes of metal
Drain traps [valves] of metal
Reinforcing materials of metal for pipes
Grids of metal
Frames of metal for building
Elbows of metal for pipes
Metal tubing
Pipe muffs of metal
Junctions of metal for pipes
Linings of metal for building
Manifolds of metal for pipelines
Wall linings of metal [building]
Junctions of metal for pipes.
The mark was filed in class 11 with following description of goods:
Extractor units [ventilation]
Flues for ventilating apparatus
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, aerating, dust extraction [air treatment equipment], air conditioning, air distribution and water supply and sanitary installations
Heating, ventilating, aerating, dust extraction [air treatment equipment], air conditioning and air distribution installations
Air inductor apparatus [ventilation]
Ventilation grilles being parts of extractor fans
Dampers for ventilating installations
Pipes [parts of heating, ventilating and air conditioning installations]
Pipe sections [parts of heating, ventilating and air conditioning installations]
Air distributors
Air diffuser parts
Air intake and air outlet grilles
Air intakes and air outlets
Air passages
Air valves
Air valve attachments and control valves for heating, ventilating, aerating, dust extraction, air conditioning and air distribution installations and apparatus
Draught dampers for inhibiting the spread of vapours, flames, gases or smoke, being parts of air conditioning and ventilating installations.
The mark was filed in class 17 with following description of goods:
Plastics in extruded form for use in manufacture
Flexible pipes, not of metal
Flexible pipes, tubes, hoses, and fittings therefor, including valves, non-metallic
Pipes, coils, pipe sections, pipe fittings and pipe muffs [not of metal and not for building]
Flexible tubes, not of metal
Pipes and hoses of plastic for motor vehicles
Junctions (not of metal) for pipes and tubes
Screw parts, not of metal, for pipes and hoses
Junctions, not of metal, for pipes or hoses
Sleeves of rubber for pipes and hoses
Adapters [not of metal] for pipes and hoses
Fittings [not of metal] for pipes and hoses
Fasteners and end caps [not of metal] for pipes and hoses
Packing, stopping and insulating materials
Seals, sealants and fillers
Weatherstripping compositions
Sealing tapes and water-tight rings, not of metal
Sleeves of rubber for protecting parts of machines
Rings of rubber
Self-adhesive and non self-adhesive plastic film [other than for packaging purposes]
Insulation and barrier articles and materials
Insulators
Insulating tapes and pipe-wrapping tapes
Adhesive tapes, strips and films, other than stationery and not for medical or household purposes
Parts and accessories for all the aforesaid goods, included in this class
Rubber, gutta-percha, gum, asbestos, mica and goods made therefrom, not included in other classes, namely goods of rubber for jointing purposes
Filtering materials (semi-processed materials or foams of plastic)
Filtering materials [semi-finished plastic or foam goods], filters being semi-finished goods
Rubber stoppers
Cable protection tubes and insulation tubes of plastic
Reinforcing materials, not of metal, for pipes
Soundproofing materials
Hoses of textile material
Connecting hoses for vehicle radiators
Waterproof coverings included in class 17
Junctions, not of metal, for flexible pipes.
The mark was filed in class 19 with following description of goods: