The trademark SHERPAL was filed by HAULOTTE GROUP, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on October 1, 2020, and received one opposition filed on December 29, 2020 by SHERPAL S.R.L. on Likelihood of confusion. the opponent was represented by ACCAPI S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 8, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Telematic apparatus and terminals
Machine-to-Machine [M2M] applications
Interfaces for computers
Apparatus and instruments for machine geolocation
Apparatus for collecting, storing, transmitting and archiving messages and data relating to machine location, activity, status and functioning
Sensors, transponders, detectors and transmitters of electronic signals relating to machine location, activity, status and functioning
Management software for machine fleets
Computer software for message and data analysis, processing and management relating to machine location, activity, status and functioning
Computer software relating to machine location
Computer software for machine location data transmission
Computer software for surveillance, analysis and remote diagnosis of machine state and operation
Maintenance software for machines
Remote control software
Computer databases relating to machine location, activity, status and functioning
Remote control device
Sensors, detectors and monitoring instruments relating to machine state and operation
Heat and pressure regulating apparatus and instruments
Gauges
All these goods being related to people and goods lifting equipment.
The mark was filed in class 37 with following description of goods:
Information relating to machine maintenance and repair
Installation, maintenance and repair of computer hardware, namely telematic apparatus and terminals
All these services being related to people and goods lifting equipment.
The mark was filed in class 38 with following description of goods:
Telematic [data communication] services
Telematic data transmission and file transfer
Transmission, remote transfer and downloading of information relating to machine location, activity, state and functioning
Arranging access to databases
Providing telecommunications access to server centres
Providing of email notification alerts via telematic services
Transmission of messages, data and emails
Rental of telematic apparatus and terminals
Transmission of information by data communications for assisting decision making
All these services being related to people and goods lifting equipment.
The mark was filed in class 42 with following description of goods:
Server administrator
Hosting of databases
Decoding of messages and data collected by telematic apparatus and terminals
Creation, maintenance, archiving and updating of databases enabling the management of machine fleets
Creation, maintenance, archiving and updating of databases featuring information relating to machine location, activity, state and functioning
Design, installation and maintenance of machine fleet management software
Design, installation and maintenance of computer software for message and data analysis, processing and management relating to machine location, activity, status and functioning
Design, installation and maintenance of machine location software
Design, installation and maintenance of computer software for machine location data transmission
Design, installation and maintenance of computer software for surveillance, analysis and remote diagnosis of machine state and operation
Design, installation and maintenance of maintenance software for machines
Design, installation and maintenance of remote control software
Platform as a service [PaaS] relating to machine fleet management
Recovery of computer data relating to machine location, activity, status and functioning
All these services being related to people and goods lifting equipment.