The trademark Todss was filed by Shenzhen ELETUN Technology Co.,Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 11, 2021, and received one opposition filed on November 11, 2021 by TOD'S S.P.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 11, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003158267 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Aerating pumps for aquaria
Agricultural machines
Air suction machines
Beaters,electric
Bellows [machines]
Belts for motors and engines
Blenders,electric,for household purposes
Bottle stoppering machines
Bread cutting machines
Brushes for vacuum cleaners
Central vacuum cleaning installations
Centrifugal machines
Chain saws
Churns
Coffee grinders,other than hand-operated
Compressed air machines
Compressed air pumps
Crushers for kitchen use, electric
Dishwashers
Dividing machines
Door closers,electric
Driving motors other than for land vehicles
Earth moving machines
Electric hammers
Electric welding apparatus
Elevators
Filling machines
Fruit presses, electric, for household purposes
Fruit presses,electric,for household purposes
Glue guns,electric
Grating machines for vegetables
Harvesting machines
Hemming machines
Hosiery looms
Ironing machines
Jacks [machines]
Kitchen grinders, electric
Kitchen machines,electric
Knives,electric
Lasts for shoes [parts of machines]
Lathes
Lawnmowers
Mangles
Meat choppers [machines]
Meat mincers [machines]
Mills [machines]
Mills for household purposes,other than hand-operated
Mixing machines
Mowing machines (Knives for)
Nail pullers, electric
Packing machines
Painting machines
Pepper mills other than hand-operated
Pneumatic hammers
Power hammers
Reels [parts of machines]
Saws
Sewing machines
Shears,electric
Soldering irons,electric
Soldering lamps
Spinning machines
Spray guns for paint
Spraying machines
Starters for motors and engines
Steam engines
Stitching machines
Thermic lances [machines]
Tilt hammers
Tin openers, electric
Trueing machines
Typographic machines
Vacuum cleaner bags
Vacuum cleaners
Washing apparatus
Wax-polishing (Machines and apparatus for) [electric]
Welding machines,electric
Whisks,electric,for household purposes
Window openers, electric
Wrapping machines
Power saw blades
Fans for engines
Planes (Electric -)
Power tools
Punching machines
Vegetable slicers [machines]
Car washing machines.
The mark was filed in class 9 with following description of goods:
Scales
Measures
Aerials
Switchboards
Switches,electric
Plugs,sockets and other contacts [electric connections]
Current rectifiers
Couplings,electric
Relays,electric
Rheostats
Semi-conductors
Covers for electric outlets
Light-emitting diodes [LED]
Garments and clothes for protection against fire
Filters for respiratory masks
Safety restraints, other than for vehicle seats and sports equipment
Electric door bells
Detectors (Smoke -)
Accumulator jars
Electronic collars to train animals
Inverters
AC/DC inverters
Surveillance cameras
Holographic apparatus.
The mark was filed in class 12 with following description of goods:
Aeroplanes
Air cushion vehicles
Air pumps [vehicle accessories]
Airbags for vehicles
Airships
Anti-theft alarms for vehicles
Anti-theft devices for vehicles
Automobile chassis
Automobile tires
Balance weights for vehicle wheels
Balloons (Dirigible)
Bicycle bells
Bicycle brakes
Bicycle chains
Bicycle handle bars
Bicycle hubs
Bicycle kickstands
Bicycle pedals
Bicycle rims
Bicycle saddles
Bicycle spokes
Bicycle stands
Bicycle wheels
Brake discs for vehicles
Brake pads for automobiles
Brake segments for vehicles
Brake shoes for vehicles
Brakes for vehicles
Bumpers for automobiles
Camping cars
Canoes
Carrier tricycles
Cigar lighters for automobiles
Cleaning trolleys
Covers for vehicle steering wheels
Crankcases for land vehicle components [other than for engines]
Cranks for cycles
Davits for boats
Direction indicators for bicycles
Direction signals for vehicles
Doors for vehicles
Driving chains for land vehicles
Fitted footmuffs for baby carriages
Fork lift trucks
Frames for bicycles
Gear boxes for land vehicles
Handling carts
Harness (Security) for vehicle seats
Headlight wipers
Head-rests for vehicle seats
Horns for vehicles
Hubs for vehicle wheels
Hydraulic circuits for vehicles
Inner tubes (Adhesive rubber patches for repairing)