The trademark LEMETR was filed by ATH&S GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 8, 2020, and received one opposition filed on December 1, 2020 by LIG GmbH on Likelihood of confusion. the opponent was represented by VON ROHR PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 1, 2020
The application was filed in German, and German 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 March 11, 2021.
The Opposition with reference B 003135999 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 1, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Statues and works of art of common metals
Containers, and transportation and packaging articles, of metal
Structures and transportable buildings of metal
Building and construction materials and elements of metal
Doors, gates, windows and window coverings of metal
Unprocessed and semi-processed materials of metal, not specified for use
Small items of metal hardware.
The mark was filed in class 7 with following description of goods:
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Dispensing machines
Electricity generators
Industrial robots
Emergency and rescue machines and machine tools
Pumps, compressors and blowers
Catalytic converters for the exhaust gases of internal combustion engines
Catalytic converters
Exhaust gas treatment systems for diesel engines
Turbo-superchargers for land vehicle engines
Suction turbines [other than for land vehicles]
Metal branching pipes [parts of engines]
Motor driven windlasses
Starters for asynchronous electric cage motors
Starters for motors and engines
Starters for stationary engines
Starting couplings for air vehicles
Starting couplings for water vehicles
Starter pinions
Recoil starters for engines other than for vehicles
Intake manifolds [vehicle parts]
Automotive intake manifolds
Intake manifolds for motors
Intake manifolds for internal combustion engines
Drives for elevator cabin doors
Drives for conveyors
Aviation drive trains
Drives for ventilation flaps
Drives for converting rotary motion to linear motion [other than for land vehicles]
Rotary to linear actuators
Drive units, other than for land vehicles
Drive chains for driving aircraft
Transmission chains, other than for land vehicles
Engines and motors for model vehicles, aircraft and boats
Driving motors, other than for land vehicles
Drive mechanisms
Motor drive mechanisms [other than for land vehicles]
Impellers for turbo-superchargers
Impellers
Drive belts for driving aircraft
Drive belts for water vehicles
Drive pulleys for power transmission belts of agricultural machines
Drive pulleys
Power trains for sea craft
Driving devices for machines
Transmission shafts for air vehicles
Transmission shafts for water vehicles
Transmission shafts, other than for land vehicles
Fittings for engine boilers
Shaft mounted gear units [other than for land vehicles]
Hangers for internal combustion engines [parts of internal combustion engines]
Drives for elevators
Elevator gears
Expansion tanks [parts of vehicle cooling radiators]
Exhausts
Exhaust manifold for engines
Automotive exhaust pipe
Exhaust pipes for land vehicles
Exhausts for motors and engines
Exhaust mufflers for watercraft
Outboard engines for boats
Outboard motors
Pump-motor assemblies
Petrol injection instruments
Gasoline engines not for land vehicles
Actuating mechanisms for operating aircraft flaps
Actuating mechanisms for controlling rudders
Actuating mechanisms for controlling slats
Core bits [machine tools]
Mud motors
Boat engines
Brake segments, other than for vehicles
Brake linings, other than for vehicles
Brake motors
Brake pads, other than for vehicles
Brake shoes, other than for vehicles
Fuel injection pumps
Self-regulating fuel pumps
Fuel conversion apparatus for internal combustion engines
Fuel systems for internal combustion engines
Brushes being parts of motors, generators and dynamos
Exhaust bypasses
Steam pressure variation engines
Steam boilers [parts of machines]
Steam boilers for steam generating [parts of machines]
Steam condensers [parts of machines]
Steam engines
Steam engine boilers for power generation, other than for land vehicles
Steam marine engines [not for land vehicles]
Steam engines, other than for land vehicles
Steam turbines [other than for land vehicles]
Joints [parts of engines]
Gaskets for internal combustion engines
Non-metal engine gaskets for vehicles
Diesel injection devices
Diesel engines not for land vehicles
Diesel engines for air vehicles
Diesel engines for water vehicles
Differential gear mechanisms for air vehicles
Differential gear mechanisms for sea craft
Indexing drive machines
Torque converters for machines
Torque converters, other than for land vehicles
Electric alternators for land vehicles
Electric alternators for water vehicles
Rotary tables for machine tools
Compressed air engines
Ram air turbines [other than for land vehicles]
Pressure regulators for lubricating installations
Jet engines, other than for land vehicles
Jet engines
Dynamo belts
Inert gas generators [machines]
Inlet systems for gas turbines
Injectors for engines
Single sheet diffusion transfer plates [parts of machines]
Electric propulsion mechanisms for water vehicles
Electric drives for elevators
Geared electric motors for water craft
Fractional horsepower electric motors
Electronic starters for engines
Electric motors, and their parts, not for land vehicles
Power shift transmissions [other than for land vehicles]
Electric power supplies [generators]
Electric alternating current motor drives
Electric ignition coils
Electric ignition devices [other than for igniting at a distance]
Electric ignition apparatus for internal combustion engines
Electric motors for heating installations
Electric motors for refrigerators
Electric motors for use with doors
Geared electric motors for aircraft
Geared electric motors, other than for land vehicles
Electronic controls for motors
Electronic controllers for servo motors
Electronic ignitions for vehicles
Tapping valves for metallurgical purposes
Graders [machines or parts of machines]
Expansion boxes for exhausts
Expansion tanks [parts of machines]
Exhaust systems for vehicles
Transmissions for air vehicles
Radiators for vehicles
Spring motors
Flues for engine boilers
Filters being parts of machines
Filters for internal combustion engines
Filter housings being parts of engines
Aeroplane engines
Free wheel couplings [other than for land vehicles]
Freewheels, other than for land vehicles
Gas engines
Gas turbines not for land vehicles
Gas turbines
Gas turbine engines
Gas turbine engines for air vehicles
Gas turbine engines for sea vehicles
Engine cases [vehicle parts]
Articulated transmissions for aircraft
Articulated transmissions for watercraft
Power generators for vehicles
Generating sets for use with engines
Fuel/air ratio controls [parts of engines or motors]
Step-up gears for vehicles [other than land vehicles]
Gears, other than for land vehicles
Gear assemblies, other than for land vehicles
Gear units for power transmissions, other than for land vehicles
Gear units, other than for land vehicles
Gear box casings, other than for land vehicles
Gear motors other than for land vehicles
Gearing for air vehicles
Direct current motors
Glow plugs for Diesel engines
Gear change knobs, other than for land vehicles
Rubber stamps [parts of machines]
Taps being parts of machines
Stern drives for ships
Filters for hot gases for use with internal combustion engines
Hydraulic transmissions, other than for land vehicles
Hydraulic motors for excavators
Hydraulic engines and motors
Hydraulic pliers (parts of constructing machines)
Hydraulic torque converters [machine elements not for land vehicles]
Hydraulic controls for motors
Hydro-pneumatic accumulators
Catalytic converters being parts of vehicle exhausts
Catalytic converter units for vehicle exhausts
Catalytic converters for motors and engines
Fan belts for land vehicle engines
Spline shank bits [parts of gearing for aircraft]
Spline shank bits [parts of gearing for water vehicles]
Ceramic masses being parts of motors
Kerosene engines, not for land vehicles
Tumbler gears, other than for land vehicles
Kick starters for motorcycles
Rocker arms [vehicle engine parts]
Carbon brushes [electricity]
Carbon brushes for starter motors
Carbon brushes for electrical machines
Pistons [internal combustion engine parts]
Pistons for vehicle engines
Pistons for land vehicle engines
Pistons for engines
Pistons for internal combustion engines
Piston pins
Piston rings [internal combustion engine parts]
Piston segments
Piston rods
Compressors for supercharging internal combustion engines
Condensers [ignition parts for internal combustion engines]
Couplings for machines
Fuel injectors
Fuel injector parts for land and water vehicle engines
Fuel injection systems for engines
Fuel injectors for internal combustion engines
Fuel filters for vehicle engines
Fuel filters
Engine fuel pumps
Fuel pumps
Fuel economisers for motors and engines
Fuel valves
Power transmission chains
Power transmission couplings [other than for land vehicles]
Power transmission mechanisms [other than for land vehicles]
Power transmission belts for agricultural machines
Power transmission belts for sea craft
Power transmission parts [other than for land vehicles]
Power transmissions [other than for land vehicles]
Power transmissions for aircraft
Power transmissions for water vehicles
Power valve for carburetors [vehicle parts]
Manifolds [parts of engines]
Ball bearings for in-line skates
Ball bearings for engines
Ball bearings for roller skates
Ball bearings for skateboards
Radiators [cooling] for motors and engines
Radiator caps for cooling radiators of engines
Fans for cooling vehicle engines
Couplings, other than for land vehicles
Couplings of metal for hydraulic apparatus
Jaw type shaft couplings other than for land vehicles
Couplings for agricultural implements
Couplings for pneumatic apparatus
Machine couplings and transmissions, except for land vehicles
Machine coupling and transmission components, except for land vehicles, and parts therefor
Machine coupling and transmission components (except for land vehicles)
Power transmission couplings for aircraft
Power transmission couplings for sea craft
Power transmission couplings for water vehicles
Power transmission couplings [other than for land vehicles]
Clutch levers, other than for land vehicles
Clutch cylinders, other than for land vehicles
Crankcases for motors
Cranks [parts of water vehicles]
Crank shafts
Crankcases for land vehicles engines
Superchargers
Bearing to shaft locking devices
Bearings for shafts
Bearing brackets for ball bearings
Bearing brackets for roller bearings
Sole plates for supporting shaft bearings
Dynamo pulleys for vehicles
Linear motors, other than for land vehicles
Linear motors
Air filters for automobile engines
Filters for cleaning cooling air, for engines
Air filters for motorcycle engines
Air ducting for jet engines
Air cleaners [air filters] for engines
Ignition magnetos for engines
Machine transmission components, except for land vehicles
Access platforms [mechanical]
Mechanical power transmitting mechanisms [other than for land vehicles]
Mechanical engine parts for land vehicles
Mechanical transmissions [other than for land vehicles]
Metal engine gaskets for vehicles
Joints for tubes (metal -) [parts of engines]
Turbine blades treated with alloys
Motor drive units [other than for land vehicles]
Automotive engine blocks
Elevator motors
Motors for boats
Engines for scale models
Motors for aeronautical purposes
Engines for model vehicles
Aircraft engines
Engines for compressors
Aeronautical engines
Engines for air cushion vehicles
Engines for aerostats
Motors for model aircraft
Motors for model boats
Multiple nut runner motors
Engines for the generation of electricity
Motors, other than for land vehicles
Engine cylinders for automobiles
Engine cylinders for vehicles
Engine housings
Engine mounts, other than for land vehicles
Engine bearings
Engine cylinders for land vehicles
Afterburners for air vehicle engines
Afterburners for water vehicle engines
Sewing machine motors
Tappets for engines
Cam drive systems for internal combustion engines
Camshafts for vehicle engines
Camshafts for air vehicles
Engine camshafts
Camshafts for water vehicles
Cam shafts
Cam covers [vehicle parts]
Cam sprockets, being engine timing components
Oil tanks [vehicle engine parts]
Oil coolers [vehicle engine parts]
Oil coolers for motors
Oil pumps for land vehicle engines
Oil tank plugs and caps [vehicle engine parts]
Sumps being parts of vehicle gearboxes [other than land vehicle]
Automobile oil pans
Planetary gear transmissions, other than for land vehicles