The trademark EXCALIBUR was filed by THE LINCOLN ELECTRIC COMPANY, a U.S. corporation (the "Applicant"). The application was published for oppositions on July 26, 2020, and received one opposition filed on October 25, 2020 by MICROBAN PRODUCTS COMPANY on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOULT WADE, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 13, 2021.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals and chemical compositions and preparations for use in welding, brazing, tempering, soldering and metalcutting
Soldering and metalcutting chemicals used in science and agriculture
Chemical fluxes
Coolants
Chemical preparations for use in metal working
Fluids for use in metalworking
Pastes for welding, brazing, soldering and/or metalcutting
Welding creams
Chemicals fluxes and flux preparations for welding, brazing, soldering and metalcutting
Flux coatings
Metal welding flux and/or paste
Welding powder
Welding and metalcutting gases
Inert gases for welding
Gaseous mixtures for welding, soldering, brazing and metalcutting purposes
Fluxes for arc welding equipment and to create a protective atmosphere for arc welding
Fluxing and coating materials for use in arc welding
Icing for soldering
Fertilizers
Fire extinguishing compositions.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Railway materials 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
Steel balls
Safes
Goods of common metal not included in other classes, namely rods, wires, grips, holders, clamps, rings, connecting parts, unprocessed and semi-processed materials of metal, filler materials, fittings, valves, panes, iron powders, steel powders and other metal powders for use in welding, soldering, brazing or cutting
Welding, soldering and brazing steel
Alloys of common metal for welding
Alloys of common metal in rod, strip, and granular form for welding
Metal wires and metal rods for welding, plating, metallization, brazing and soldering
Wire reels of metal
Wire drums of metal
Ores
Metal welding and soldering materials
Soldering and welding consumables
Welding pins, welding rods
Metal rods for welding and brazing
Metallic welding rods for hard- and soft-soldering
Brazing alloys, metal wire for welding
Welding wire
Flux coated rods for welding, brazing and soldering
Flux cored welding wires
Flux coated wires for brazing and soldering
Flux cored welding rods
Metals in powder form
Tungsten
Flux cored brazing and soldering metal alloy rods and wire
Check valves
Metal bags, containers and foils for packaging of welding or cutting consumables
Industrial packaging containers of metal for packaging of weld wire, welding electrodes or welding rods
Parts and fittings for all the before said goods.
The mark was filed in class 7 with following description of goods:
Electrodes for arc welding, blank and coated, solid and tubular, in the form of bars, plates, rods or coils
Electrode holders for welding
Machine tools
Machines for treatment of materials, for manufacturing and for construction
Milling and coupling machines
Motors and engines (except for land vehicles)
Generators
Power supplies (generators)
Electric generators, particularly for electric welding machines, brazing machines, soldering and cutting machines
Electrical appliances and equipment, and parts thereof, namely electric motors, electric generators, motor generator sets working either electrically or mechanically to produce electrical power
Machine coupling and transmission components (except for land vehicles)
Electric arc welding apparatus
Electric cutting machines, electric plasma cutters
Electric soldering machines
Electric brazing machines
Parts and appliances for electric welding, cutting, brazing and soldering machines
Welding and brazing apparatus and installations
Welding machines, welding apparatus
Electric arc welders
Welding apparatus (hand operated)
Robotic welding, cutting, soldering and brazing apparatus and installations
Robotic welding systems
Parts and appliances for robotic welding, cutting, brazing and soldering apparatus and installations
Welding apparatus with a transformer and/or rectifier, as well as systems for managing these welding machines, namely regulators for use in welding machines and welding generators
Electric arc welding torch and welding torches and other welding equipment, namely, connectors, adapters, water coolers, coil wires, guns, welding mouthpieces and nozzles, electrode holders, flue devices and cables
Control devices for electrical arc welding and parts thereof
Welding heads
Electric welding heads
Automatic welding heads
Electrodes for welding machines
Welding electrodes
Stick electrodes
Electrodes of welding
Flux cored electrodes
Hard facing electrodes
Automatic welding electrodes
Electrode holders
Electrode holders for consumable and non-consumable electrodes
Welding guns
Automatic check valves
Welding torches and tips
Electrical and pneumatic devices that blend and proportion fuel gas and oxygen
Cutting tips and gas regulators parts of machines
Robotic welding systems, electric welding cooling systems and fume extraction systems, power connection for welding electrodes, accessories and control devices and holders for welding and soldering electrodes as consumable and non-consumable
Welding electrode feeders and wire feeders and controls therefore
Welding current generators, electric motors, electric generators
Electrical apparatus and equipment and their components, namely electric motors, electric generators, electrically driven motor / generator units for electrical power
Generator-powered internal combustion engine generators with belt drive, chassis and control instruments for electric generators
Combustion-engine driven generators, belt-driven
Full- and semi-automatic welding machines
Cutting machines
Full- and semi-automatic cutting machines
Metal cutting machines
Plasma cutters and plasma cutting machines
Soldering machines
Brazing machines
Parts of welding, cutting, brazing and soldering machines
Industrial welding and cutting robots
Welding and cutting torches
Cutting torches, cutting tips
Welding heads and parts thereof
Gas-powered blowpipes
Welding, cutting, brazing and soldering equipment
Brazing apparatus and torches and parts and fittings therefore
Welding nozzles
Welding torches
Wire feeding machines
Wire feeders, welding wire feeders [parts of electronic welding apparatus]
Fuel gas-air torches for low temperature brazing and welding
Cutting attachments for cutting torches
Devices and equipment for hand-operated welding and cutting tools
Machines for surface treatment
Abrasive tools, machine tools for use in welding, cutting, brazing and soldering
Agricultural implements other than hand-operated
Grinding discs being parts of machines, parts and fittings for all the before said goods.