The trademark Holex was filed by Hoffmann GmbH Qualitätswerkzeuge, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 18, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 20, 2020 by AC Marca Home Care, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CANELA PATENTES Y MARCAS, S.L. and its proceedings were handled in English The second opposition filed on September 17, 2020 by Moldex/Metric AG & Co. KG on Likelihood of confusion. the opponent was represented by GLEISS GROßE SCHRELL UND PARTNER MBB and its proceedings were handled in German
It was designated 'Basic Application' for International Application 1572270 at the World Intellectual Property Organization (WIPO).
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 003131220 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 11, 2022 by the EUIPO. The Appeal with reference B R1248/2022-2 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on September 29, 2022 by the EUIPO. The Appeal with reference B R1248/2022-5 was Trade mark remains valid according to Article 72(3) EUTMR with decision issued on December 11, 2024 by the EUIPO. The null with reference B T-767/22 was Decision partially annulled according to Article 8(1)(b) EUTMR with decision issued on February 20, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Adhesives for use in industry
Putties, and fillers and pastes for use in industry
Chemical substances, chemical materials and chemical preparations.
The mark was filed in class 3 with following description of goods:
Cloths impregnated with polishing preparations for cleaning, abrasive sponges, included in class 3
All the aforesaid goods for use relating to or with tools, and other than goods for domestic use.
The mark was filed in class 4 with following description of goods:
Lubricants, industrial greases, waxes and fluids
Preservatives for metals [oils]
Products for protecting concrete [oils]
Rust remover sprays
Lubricating sprays
All purpose penetrating and lubricating oil.
The mark was filed in class 5 with following description of goods:
Plasters, materials for dressings, Dressings, medical, First-aid boxes, First aid boxes
Medicated skin protection creams
Eyewash solution
Cooling sprays for medical purposes.
The mark was filed in class 6 with following description of goods:
Signboards of metal
Tool storage containers, in particular of metal, for storing tools and technical equipment
Stepladders of metal
Step ladders of metal
Tanks of metal
Metal tool boxes.
The mark was filed in class 7 with following description of goods:
Machine operated tools for all kinds of materials
Machines and machine tools for metalworking, woodworking and plastic processing, in particular battery machines, drilling machines, angle grinders, hand-held sawing machines, belt sanding machines, core drilling machines, compressed air machines
Polishing and abrasive belts
Polishing and abrasive sleeves
Polishing and abrasive brushes
Polishing and abrasive pins
Polishing and abrasive strips
Polishing and abrasive discs
Machine-operated tools for materials of all kinds, in particular tools with polishing and abrasive belts, polishing and abrasive sleeves, polishing and abrasive brushes, polishing and abrasive pins, polishing and abrasive strips, polishing and abrasive discs, included in class 7
Cutting, drilling, abrading, sharpening and surface treatment machines and apparatus
Polishers
Gaskets for internal combustion engines
Mechanical seals [machine parts]
Mechanical sprayers
Pumps, compressor and blowers, and accessories therefor
Screwdrivers, pneumatic
Portable air tools
Air spray guns
Hose reels, mechanical
Compressed air couplings
Hoses (Metal -) for use in hydraulic systems in machines
Hoses (Non-metallic -) for use in hydraulic systems in machines
Hoses (Non-metallic -) for transferring hydraulic power in machines
Compressed-air pistols.
The mark was filed in class 8 with following description of goods:
Hand tools for all kinds of materials
Hand-operated polishing and abrasive tools, namely polishing and abrasive belts, polishing and abrasive sleeves, polishing and abrasive brushes, polishing and abrasive pins, Polishing and abrasive strips, polishing and abrasive discs
Hand-operated tools for materials of all kinds, in particular tools with polishing and abrasive belts, polishing and abrasive sleeves, polishing and abrasive brushes, polishing and abrasive pins, polishing and abrasive strips, polishing and abrasive discs, included in class 8
Emery boards
Sanding blocks
Hand operated sprayers.
The mark was filed in class 9 with following description of goods:
Measuring equipment and hand measuring devices
Optical apparatus and instruments, optical magnifying apparatus and instruments, in particular magnifying glasses and microscopes
Protective work clothing, in particular protective suits, in particular against fire and chemicals, protective shoes, safety shoes, protective gloves
Head protection, In particular protective helmets
Safety goggles
Head mounts for protective visors
Protective masks, In particular respiratory masks, welding masks
Safety devices, Safety apparatus and safety instruments for fall protection systems for persons
Restraints (Safety -), Protective nets
All the aforesaid goods for the safety of persons or for securing equipment
Safety cable devices and equipment for fall-arrest systems for persons
Horizontal and vertical fall-arrest systems
Abseil rescue apparatus
Eyewash devices
Breathing apparatus, except for artificial respiration
Respiratory masks, except for artificial respiration, only in relation to the following fields: Professional work and health protection
Software, In particular application software (apps)
Model-based operating software systems and data collections for the simulation of tool machining processes
Computer software
Data carriers, in particular data carriers containing information
Visors for helmets
Mounts for helmets
Batteries
Optical lanterns
Lamps for use as warning beacons.
The mark was filed in class 10 with following description of goods:
Dispensers for ear protection devices
Hearing protection means
Hearing protection means, In particular protective earplugs, protective ear flanges, protective earmuffs (ear protection devices in the form of headphones), all the aforesaid goods, only in relation to the following fields: Professional work and health protection.
The mark was filed in class 11 with following description of goods:
Helmet lights
Electric torches
Lighting and lighting reflectors
Head torches
LED luminaires
Spotlights
LED spotlights
Luminaires.
The mark was filed in class 16 with following description of goods:
Self-adhesive tapes for stationery use
Color pencils
Highlighter pens
Brush pens
Decorators' paintbrushes
House painters' rollers
Paint roller handles
Stickers [stationery]
All aforesaid goods in the do-it-yourself or industrial sector or for workshops.
The mark was filed in class 17 with following description of goods:
Gaskets
Sealant materials and fittings
Adhesive tapes, strips, bands and films
Fittings, not of metal, for compressed air lines
Non-metal fittings for flexible compressed air pipes
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic.
The mark was filed in class 18 with Tool bags of leather and imitations of leather.
The mark was filed in class 20 with following description of goods:
Garment bags
Work benches of wood and/or of metal
Chests of drawers of metal for storing tools and technical equipment
Ladders of wood and/or of metal
Step ladders of wood and/or of metal
Office furniture
Workshop furniture
Office armchairs and Workshop chairs
Desks
Work benches of metal
Tool storage cabinets, in particular of metal, for storing tools and technical equipment.
The mark was filed in class 25 with following description of goods:
Clothing, in particular jackets (clothing), uniform jackets, shell jackets, soft-shell jackets, insulating jackets, industrial jackets, work jackets and work trousers, trousers, uniform trousers, overalls, service trousers, functional clothing, undergarments, socks, outerwear, in particular T-shirts, polo shirts, jumpers (pullovers), sweatshirts, hoodies, cardigans, vests