The trademark ROTEK was filed by Rotek Handels GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 7, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 6, 2021 by GUZUN 2001 on Likelihood of confusion. the opponent was represented by S.C. WEIZMANN ARIANA & PARTNERS AGENTIE DE PROPRIETATE INTELECTUALA S.R.L. and its proceedings were handled in English The second opposition filed on September 5, 2021 by The Rotel Co., Ltd. on Likelihood of confusion. the opponent was represented by KOHLER SCHMID MÖBUS PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in German The third opposition filed on September 2, 2021 by TROTEC GmbH on Likelihood of confusion. the opponent was represented by Schmetz, Walter and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1065/2023-2 was Decision concerning procedural issues according to Article 71 EUTMDR with decision issued on November 22, 2023 by the EUIPO. The Opposition with reference B 003154296 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Vehicle cleaning preparations and Abrasives, Especially Polishing paste..
The mark was filed in class 6 with Containers, and transportation and packaging articles, of metal, In particular pallet racks of metal.
The mark was filed in class 7 with following description of goods:
Agricultural, gardening and forestry machines and apparatus
Construction machines
Moving and handling equipment
Machines and machine tools for treatment of materials and for manufacturing
Engines, powertrains, and machine parts, and controls for the operation of machines and engines
Sweeping, cleaning, washing and laundering machines
Pumps, compressors and blowers
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Generators
Generators of electricity
Electric motors, and their parts, not for land vehicles
Lifting tables
Compressed air hoists
Winches
Electrically powered windlasses
Reeling apparatus, mechanical
Winch motors
Cranes [lifting and hoisting apparatus]
Electric jacks
Hydraulic jacks
Electric jacks
Jacks [machines]
Packing installations
Packaging apparatus [machines]
Packaging tools [machines]
Welding and soldering equipment
Pneumatically driven presses
Portable air tools
Air-cooled condensers
Water pumps
Vacuum pumps [machines]
None of the aforesaid goods relating to parts of machines for the movement or control of control mechanisms or systems in machines, or relating to flow monitors and systems.
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Apparatus, instruments and cables for electricity
Electrical and electronic components, In particular cables and wires, Electrical circuits and circuit boards, Antennas and aerials as components
Optical enhancers, Endoscopes, not for medical purposes
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Accumulators, electric
Batteries for vehicles
Electricity indicators
Digital indicators
Chargers
Battery chargers
Condensers [capacitors]
Relays, electric
Electromagnetic relays
Relays, electric
Electrical fuses
Fuses
Thermal cutoffs
Commutators
Varistors
None of the aforesaid goods relating to parts of machines for the movement or control of control mechanisms or systems in machines, or relating to flow monitors and systems
All the aforesaid goods other than sound systems, video systems, multimedia systems, home cinema systems and electric components therefor.
The mark was filed in class 11 with following description of goods:
Burners, boilers and heaters
Dehumidifiers
Regulating and safety accessories for water and gas installations
Air-conditioning apparatus
Heating rods
Heating, ventilating, and air conditioning and purification equipment (ambient).
The mark was filed in class 12 with following description of goods:
Automobile engines
Forklift trucks
Parts and fittings for vehicles.
The mark was filed in class 20 with Cable fasteners, connectors and holders, non-metallic, In particular cable ties.
The mark was filed in class 21 with Utensils for household purposes.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, in relation the following goods: Preparations for cleaning vehicles, abrasives, Especially Polishing pastes, Containers And Transport and packaging articles Of metal, Especially Storage racks of metal for pallets, agricultural, gardening and forestry machines and apparatus, construction machines, Moving and handling equipment, Machines and machine tools for treatment of materials and for manufacturing, Motors and engines, drives, machine parts and controllers for operating machines, motors and engines, Sweeping, cleaning and washing machines, Pumps, Compressors and Blowing machines, Mechanical equipment for agriculture, earthworks, construction, oil and gas extraction and mining extraction, Generators, Electrical power generators, Electric motors and parts therefor, Except for land vehicles, Lifting benches, Compressed air hoists, Winches, Electrically-powered winches, Mechanical winders, Winch motors, Cranes (lifting and hoisting apparatus), electric jacks, Hydraulic jacks, Power operated jacks, Jacks [machines], Packing installations, Packaging apparatus [machines], packaging tools [machines], Welding and soldering tools and apparatus, Pneumatically driven presses, portable air tools, Air-cooled condensers, Water pumps, vacuum pumps, Information technology, audiovisual, multimedia and photographic apparatus, Apparatus, instruments and cables for electricity, Electric and electronic components, In particular cables and Wire of common metal, Electric circuits and circuit boards, Antennas and aerials being components, Optical enhancers, Endoscopes (other than for medical purposes), Security, safety, protective and signalling apparatus and equipment, Navigation, guidance, tracking, targeting and map-making devices, Measuring, detecting, monitoring and testing apparatus, Apparatus for scientific research and laboratories, teaching apparatus and simulators, Electric accumulators, Accumulators for vehicles, Electricity indicators, digital indicators, Chargers, Battery chargers, Electrical capacitors, Electric relays, Electromagnetic relays, Electronic relays, Electrical fuses, Fuses, Thermal fuses, Commutators, Varistors, Burners, boilers and heaters, Air dehumidifiers, Regulating and safety accessories for water and gas installations, Air conditioners, Heating elements, Apparatus and installations for heating, ventilating, air conditioning and air purification, Motors and engines for motor vehicles, Lifting trucks, Parts and accessories for vehicles, Clamps, connectors and clips for cables, not of metal, Especially cable wraps, home appliances
None of the aforesaid services relating to parts of machines for the movement or control of control mechanisms or systems in machines, or relating to flow monitors and systems
All the aforesaid services, Except for services, in relation the following goods: Sound systems, Video systems, multimedia systems, home cinema systems, Electric components for the aforesaid goods.