The trademark ECOSITIVE was filed by PELLENC SELECTIVE TECHNOLOGIES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 22, 2021, and received one opposition filed on June 20, 2021 by TRADIM on Likelihood of confusion. the opponent was represented by CABINET VITTOZ and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 20, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003149239 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 11, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machine tools
Motors, other than for land vehicles
Machine coupling and transmission components other than for land vehicles
Waste sorting and separating installations and equipment
Compressed air machines, engines and pumps
Blowing machines
Air suction machines
Blowing machines for the compression, exhaustion and transport of gases
Pneumatic tube conveyors
Moving walkways
Recycling machines
Waste management and recycling machines
Machines for separating recyclable materials
Compacting machines
Scrap recovery apparatus [machines]
Waste material conveying machines
Waste converters [machines]
Waste extraction machines
Industrial waste compacting machines
Compressors [compactors] for waste collection containers
Recycling crushing units [machines]
Electronically controlled automatic machines for reimbursing bottle returns.
The mark was filed in class 9 with following description of goods:
Photographic apparatus and instruments
Cinematographic machines and apparatus
Optical apparatus and instruments
Weighing apparatus and instruments
Measuring apparatus and instruments
Checking (supervision) apparatus and instruments
Signalling apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Sound transmitting apparatus
Apparatus for the transmission of images
Apparatus for the reproduction of images
Sound reproduction apparatus
Apparatus for recording images
Sound recording apparatus
Recording substrates [magnetic]
Phonograph records
Data processing equipment
Computers
Optical recognition systems (apparatus)
Image scanners
Optical readers
Optical scanners
Optical lanterns
Optical transceivers
Distribution boxes [electricity]
Electrical switch cabinets
Spectrometry apparatus
Detection apparatus
Radiological apparatus for industrial purposes
Software
Spectrometers
Electronically controlled printers and display screens, namely refund ticket printing and display screens and instruction display screens for users and maintenance personnel relating to refund machine regulation and use
Computer software, recorded
Software applications for computers, mobile telephones, tablets and mobile telecommunications terminals
Computer software able to be downloaded from a global computer network and/or recorded on computer media.
The mark was filed in class 40 with following description of goods:
Waste processing
Refuse recycling
Upcycling [waste recycling]
Waste management services [recycling]
Sorting of waste and recyclable material
Rental of waste crushing and compacting machines and apparatus
Information, advice and consultancy services relating to the recycling of waste and trash
Providing of information relating to the rental of waste compacting, crushing, recycling and sorting machines and apparatus
Processing and Transformation, namely compacting, flattening, shredding, fragmentation, granulation, flaking and baling of waste and trash, metals, glass or bulk solids.