The trademark H was filed by Hengst SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 7, 2024, and received one opposition filed on June 19, 2024 by HUMEX, S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 19, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on May 31, 2021. Change of name and professional address of the trademark registration was recorded on May 2, 2024.
The Refusal with reference B 018417261 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 19, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Air deodorising and air purifying preparations and Air purifying preparations..
The mark was filed in class 7 with following description of goods:
Discharge screws for liquid materials [parts of machines]
Separating machines
Joints [parts of engines]
Filters being parts of machines or engines
Filter inserts
Filter housings being parts of engines
Filter housings being parts of machines
Filtering machines, separators and centrifuges
Filtering machines
Centrifugal separators
Fuel filters
Filters for cleaning cooling air, for engines
Venturi scrubbers
Air cleaners [air filters] for engines
Mechanical engine parts for land vehicles
Oil separators
Oil tanks [vehicle engine parts]
Oil filters
Oil filters for motors and engines
Oil coolers [vehicle engine parts]
Automobile oil pans
Positive crankcase ventilation (PCV) valves for motors and engines
Pumps, compressors and blowers
Pumps (parts of machines, motors and engines)
Regulators [parts of machines]
Separating machines
Dust separators
Clack valves [parts of machines]
Centrifuge separators for industrial use
Centrifugal machines
Cyclones
Engine cases [vehicle parts]
Crankcases for machines, motors and engines
Clack valves [parts of machines].
The mark was filed in class 9 with following description of goods:
Weighing apparatus and instruments
Measuring instruments
Signalling apparatus and instruments
Inspecting apparatus and instruments
Data processing apparatus and equipment and accessories, The aforesaid goods being electronic or mechanical
Accumulators, electric
Thermostats for vehicles
Sensors
Level indicators.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Membranes for filtration [medical]
Diagnostic, examination, and monitoring equipment
Surgical instruments
Masks for use by medical personnel
Masks and equipment for artificial respiration.
The mark was filed in class 11 with following description of goods:
Heating apparatus
Heating, ventilating, and air conditioning and purification equipment (ambient)
Power filters for airconditioning
Ionisation apparatus for the treatment of air and water
Air-conditioning apparatus
Air cleaning apparatus
Air filters
Air cleaner inserts
Air filters for air conditioning units
Air filtering installations
Air purifiers
Air sterilising apparatus
Oil purifying installations
Thermostatic valves
Heat exchangers, other than parts of machines
Water filters
Water purifying apparatus and machines.
The mark was filed in class 12 with following description of goods:
Automobiles and structural parts therefor
Electric motors for motor cars
Sumps being parts of land vehicle gearboxes
Parts and fittings for vehicles.
The mark was filed in class 16 with following description of goods:
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Packaging materials
Cartons of cardboard for packaging
Printed matter
Filtering materials of paper
Filter elements of paper.
The mark was filed in class 17 with following description of goods:
Filter materials in roll form
Filtering materials of semi-processed films of plastic
Filter inlays of plastic.
The mark was filed in class 35 with Retail and wholesale services in relation to the following goods: Machines and installations and parts therefor and fuels for gas and liquid treatment [in particular for the treatment of air, water, oils and coolants], Vehicles and parts therefor and fuels therefor, Air deodorising and purification apparatus, Air purifying preparations, Apparatus and instruments and parts therefor for the diagnosis, control, monitoring of machines, installations or vehicles, Medical apparatus and devices, related parts, Clothing, headgear and footwear for medical personnel and patients, Goods for packaging, wrapping and storage purposes, Printed matter, Materials for making filters of all kinds, Machines, installations and parts therefor for the treatment or separation of liquids, gases and solids and provision of an online marketplace for buyers and sellers of goods and services..
The mark was filed in class 40 with following description of goods:
Rental of machines and apparatus for the treatment or separation of liquids, gases and solids
Rental of air purifying equipment
Rental of water purification apparatus
Rental of air-conditioning apparatus
Rental of refrigerating apparatus
Die casting.
The mark was filed in class 42 with Consultancy relating to filtration technology and technical consultancy relating to the application and use of filter technique and filter media..