The trademark tFender was filed by Tectos gmbh, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 29, 2020, and received one opposition filed on October 25, 2020 by Fender Musical Instruments Corporation on Likelihood of confusion. the opponent was represented by GEVERS 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 German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software, Other than software for teaching and learning to play music
Computer software packages, Other than software for teaching and learning to play music
Recorded computer software, Other than computer software for teaching and learning to play music
Downloadable computer software, Other than computer software for teaching and learning to play music
Computer programs, downloadable, Other than computer programs for teaching and learning to play music
Computer programs, recorded, Other than computer programs for teaching and learning to play music
Software for measuring, capturing and analysis of torsional and translatory motor and engine vibrations
Automation control software
Diagnostic, analysis, measuring, assessing and checking (supervision) devices, apparatus, instruments and simulators, for capturing, measuring and assessment of torsional and translatory motor and engine vibrations
None of the aforesaid being parts or fittings of vehicles or being goods integrated into vehicles, exempt into testing, research and development vehicles
None of the aforementioned goods for music, musical instruments nor for use in the music sector.
The mark was filed in class 42 with following description of goods:
Software design and software development, Other than software for teaching and learning to play music
Design and development of software in the field of measuring systems and the analysis of measurement data
Design and development of software in the field of automation
Design and development of measuring systems
Technological analysis services
Technological capturing, analysis and processing of measurement data
Design and development of automation systems
Computerised analysis of measurement data
None of the aforesaid services relating to software, technology or systems integrated into vehicles, exempt into testing, research and development vehicles
None of the aforementioned services intended for music, musical instruments, nor for use in the music sector.