The trademark MODULEX was filed by Unical AG S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 15, 2020, and received one opposition filed on October 15, 2020 by Ulrich Lippert GmbH & Co KG on Likelihood of confusion. the opponent was represented by KOHLER SCHMID MÖBUS PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 15, 2020
The application was filed in Italian, and Italian 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:
Electric and electronic control apparatus for use in heating system
Boiler control instruments
Electric control panels for boilers, Thermostats
Solar panels for the production of electricity
Collectors, electric
Electric and electronic control equipment for air conditioning systems or installations
Electric and electronic control equipment for heating systems or installations
Electric and electronic control equipment for ventilating systems or installations
Electric and electronic control equipment for air cooling systems or installations
Electric and electronic control equipment for water supply systems or installations
Control panels [electricity]
Heat regulating apparatus
Climate control digital thermostats
Machines and equipment for distributing or monitoring energy
Scientific, research, navigation, surveying, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Recorded and downloadable media, computer software, Blank digital or analogue media for recording and storage
Coin-operated mechanisms
Cash registers, calculating machines
Computers and computer peripheral devices
Diving suits, Scuba diving goggles, Ear plugs for divers, Nose clips for divers and swimmers, Diving gloves, Breathing apparatus for underwater swimming
Fire extinguishing apparatus.
The mark was filed in class 11 with following description of goods:
Boilers, Steam boilers
Gas boilers
Boilers fuelled by wood, pellets and a mixture thereof
Water boilers
Oil boilers
Heating boilers
Industrial boilers
Boilers and burner systems
Feeding apparatus for heating boilers
Boilers for central heating
Boilers for use in heating systems
Hot water boilers
Flues for heating boilers
Boiler pipes [tubes] for heating installations
Solar thermal collectors [heating]
Solar thermal collectors [heating]
Steam generators
Hot air generators
Stoves [heating apparatus]
Water heaters
Heat pumps
Floor heating and cooling radiation systems
Infrared heating panels
Bathroom heaters
Gas boilers
Bathroom heater pipes
Gas water heaters for household use
Electric water heaters for baths
Hot water bathrooms heaters
Kettles, electric
Central heating boilers
Boilers for heating installations
Automatic temperature regulators (thermostatic valves) for central heating radiators
Coils (parts of heating and cooling installations)
Air conditioning installations for industrial purposes
Air conditioning installations for household purposes
Air conditioning installations for industrial use
Air conditioning installations for household use
Air-conditioning apparatus for household purposes
Air-conditioning apparatus for industrial purposes
Evaporators for air conditioning apparatus
Air conditioning units
Water conditioning systems
Water conditioning installations
Cooling apparatus
Cooling installations
Cooling appliances and installations
Air cooling apparatus
Water coolers
Heat sinks for use in cooling apparatus
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.