The trademark ASOTECH was filed by ASOTECH SRL, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 15, 2021, and received one opposition filed on December 15, 2021 by ASOS plc on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Automatic machines, in relation to the following fields: The food sector
Automatic machines, in relation to the following fields: lifting
Automatic machines, in relation to the following fields: Packaging
Automatic machines, in relation to the following fields: Filling of beverages
Automatic machines, in relation to the following fields: Filling of foodstuffs
Automatic machines, in relation to the following fields: Labelling
Automatic palletisation machines
Automatic wrapping machines
Automatic warehouses
Automatic printing machines
Automatic machines, in relation to the following fields: The ceramic sector
Automatic machines, in relation to the following fields: The pharmaceutical sector
Machine tools
Mechanical installations for food processing
Automatic machines, in relation to the following fields: Assembling
Control mechanisms for robotic machines
Process control instruments [hydraulic]
Process control instruments [mechanical]
Process control instruments [pneumatic]
Process control units [mechanical]
Process control instruments [mechanical]
System control instruments (Mechanical -)
Process control instruments [hydraulic]
Process control units [hydraulic]
Process control instruments [pneumatic]
System control instruments (Pneumatic -)
Process control units [pneumatic]
Automatic machines, in relation to the following fields: Radiofrequency soldering.
The mark was filed in class 9 with following description of goods:
Simulation software not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Software not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Industrial software
Industrial automation software
Computer software for the control, in relation to the following goods: for vehicles and Machinery
Machine control software
Mechanical engineering software
Computer software platforms not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Web application software not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Computer applications not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Downloadable mobile applications for the transmission of information not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Computer software applications, downloadable not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Computer hardware
Test benches
Banks, for static and dynamic testing and resistance testing
Test benches, in relation to the following fields: Food process validation
Test benches
Automatic control apparatus
Checking (supervision) apparatus and instruments
Measuring, detecting, monitoring and controlling devices
Testing and quality control devices
Electrical test apparatus
Testing apparatus for electronic equipment
Laboratory apparatus and instruments
Laboratory instruments [other than for medical use].
The mark was filed in class 35 with Production of advertising matter and commercials.
The mark was filed in class 40 with Construction of automatic machines, for others and Vehicle construction for others and Construction of vehicles for others..
The mark was filed in class 41 with following description of goods:
Videotape production
Digital video, audio and multimedia entertainment publishing services
Training not for use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Courses (Training -) relating to engineering
Consultancy services relating to training not for use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Provision of training courses not for use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, homeware accessories and furnishings.
The mark was filed in class 42 with following description of goods:
Industrial analysis and research services
Analysis and testing relating to engineering apparatus
Technical data analysis services
Inspection of plant and machinery
Technological advisory services relating to machine engineering analysis
Technological research, in relation to the following goods: Machine tools, Automobiles and Automatic machines
Development of industrial machinery
Software creation not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Creation, maintenance and adaptation of software not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Programming of computer software for evaluation and calculation of data
Design and development of computer software for evaluation and calculation of data
Quality control testing, in relation to the following goods: industry equipment, machines and machine tools
Technical measuring and testing
Testing services for the certification of quality or standards
Testing, analysis and evaluation of goods for others for certification purposes
Crossplatform conversion of digital content into other forms of digital content
Creation of computing platforms for third parties not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Development of computer platforms
Providing temporary use of web-based applications
Design and development of software in the field of mobile applications not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Programming of multimedia applications not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Technical consultancy, in relation to the following fields: designing of machines
Design of computer hardware
Structural calculations
Engineering calculations
Finite element calculations
Engineering projects
Engineering design
Design of industrial machines and installations
Designing of machines, apparatus, instruments [including their parts] or systems composed of such machines, apparatus and instruments
Industrial design
Technological services relating to design not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery,watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Research relating to design
Development and preparation, in relation to the following goods: Preparation of technical drawings, Industrial design and Engineering drawing
Design and development services, in relation to the following goods: technical manuals
Preparation of technical manuals
Technical assessments relating to design
Technological engineering analysis
Industrial testing of engineering works
Industrial testing
Product design and development services for others not for consumer facing use in the fields of fashion, cosmetics, personal care for the face, body and hair, eyewear, jewellery, watches, bags, clothing, headwear, footwear, activewear, and homeware accessories and furnishings
Engineering services
Technical consultancy services relating to structural engineering