The trademark KEE TRACK was filed by Kee Safety Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on April 27, 2021, and received one opposition filed on July 14, 2021 by Kneetek GmbH on Likelihood of confusion. the opponent was represented by Strauß, Peter and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal tubing
Metal pipes
Metal pipe connectors
Metal tube and metal pipe fittings
Metal fittings for joining tubes and pipes together and structures assembled from such tubes, pipes and fittings
Perimeter protection structures and perimeter protection barriers of metal
Railings, hand rails, handles, hand railing standards of metal
Guard rails, balustrades, support brackets and counterbalances of metal
Anchor blocks, namely metal based weights
Clamps
Barriers, safety barriers of metal
Metal sections, channel sections
Hollowed sections and beams of metal
Stair treads of metal
Gratings of metal
Industrial flooring made of common metal and its alloys, metal gangways, nuts and bolts
Anchors and anchoring systems namely, metal anchors, metal base weights, metal hooks, metal lines and metal guardrails
Fixing, fastening, clamping and anchoring devices
Articles of metal for arresting the fall of persons from structures
Mainly metallic freestanding demarcation systems
Grills of metal for safety purposes
Safety scaffolding of metal
Podiums [structures of metal]
Gantries [structures] of metal
Scaffolding apparatus (metal)
Tower scaffolding of metal
Work platforms [scaffolding] of metal
Access platforms [scaffolding] of metal
Mobile aerial work platforms [scaffolding] of metal
Parts and fittings for the aforesaid.
The mark was filed in class 9 with following description of goods:
Safety harnesses
Safety harnesses for persons working at heights, weights, fall arresting apparatus
Safety equipment
Safety, security, protection and signaling devices
Safety apparatus [for the prevention of accident or injury]
Safety monitoring equipment [electronic] parts and fittings for the aforesaid
Access control apparatus (automatic)
Fire protection apparatus
None of the aforesaid goods being protective outwear items adapted to protect a body against exposure of external impact factors and/or items for functional physical and/or muscular body support and/or items that actively or passively improve the visibility of people or objects for safety.