The trademark MX-System was filed by Beckhoff Automation GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 1, 2022, and received one opposition filed on August 1, 2022 by Cherry Europe GmbH on Likelihood of confusion. the opponent was represented by GLEISS LUTZ HOOTZ HIRSCH PARTMBB RECHTSANWÄLTE, STEUERBERATER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 2022
It was designated 'Basic Application' for International Application 1700624 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Partial Surrender of the trademark registration was recorded on June 26, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Modular electric, electronic and optical measuring, signalling, inspecting, regulating and controlling security apparatus, components, instruments and installations, Especially Programmable logic controllers, other than the following goods: Computer input devices and their components
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating, remote control and controlling electricity and energy consumption
Servo amplifiers
Data processing apparatus, computers and industrial PCs, all being other than for personal use and other than the following goods: Input devices for computers and Component parts for the aforesaid goods
Networks, Network components and network interfaces
Distribution boxes and fittings, Especially Cabling relieving rails, cable conduits, hose supports, closure plates, Electric plugs, Cable connectors, Electrical cabling, Power cables, Electronic cables, Data transmission cables, Electrical and electronic components
System and chassis mounting being mounting levels for electrical and mechanical components
Electric ground straps
Racks for plug-in assemblies with electronic circuits, power distribution components, in particular busbar supports, connection and device adapters, bus-mounted fuse bases and load break switches, conductor connection terminals, system and holder covers
Data transfer components, Fittings for all the aforesaid goods, Namely distribution cabinets, Equipment cabinets, Telecommunications distributor, Connection boxes
Electric apparatus for connecting sensors and actuators, distribution systems, modular fieldbus systems, E/A modules, interface components and components for control engineering, in particular relays and switches, switches, in particular contactors
Relays, Especially Semiconductor relays, Relay modules
Modular couplers
Plug-in card carriers, potentiometer modules, valve control apparatus, diode and varistor components, shockproof plugs, Controls, Light emitting diode displays, Transducers, Inverter units, Especially Frequency transformers and Current transformers, Especially Rectifier module
Servo amplifiers, Intermediate circuit capacity, Voltage monitor modules
Overcurrent protection devices, Especially Fuses, electronic security
Electronic power supplies, Uninterruptible electrical power supplies
Electrical and mechanical components for suppression and valve connection technology for machines, Especially Mains filters, Filters for radio interference suppression, Suppression components, start-up delay apparatus for switching apparatus and for motors and engines, Network equipment, Especially DC link power supply and compact mains apparatus, Transformers [electricity], Power distribution and monitoring
Motor and engine reversing starters
Motor and engine direct starters
Computer programs for commissioning, controlling, regulating, optimising, diagnosing of machines and installations, in particular electric and electronic regulating and controlling systems including converters, computer to computer programs for implementing security tasks, network-based computer programs, computer programs for transferring signals
Computer programs recorded on data carriers
Computer software for business and cloud computing infrastructure and platforms for edge computing and virtualisation
Information processing infrastructure and platforms
Interfaces for computers
Computer programs for networking and system monitoring and administration
None of the aforesaid goods for use in power-operated tools, not for batteries for use in power-operated tools, and not for battery charging apparatus for use in power-operated tools.
The mark was filed in class 42 with following description of goods:
Installation, maintenance and updating of computer programs for the planning, configuration, commissioning, operating and maintenance of electric and electronic regulating and control systems, including converters
Computer programming for computer-aided construction
Adaptation of programs for users with specific requirements
Development of computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam)
Software development
Design and development of electric, electronic and electrotechnical components
Letting, In relation to the following goods: Computer hardware, Computer facilities, Data processing equipment, peripheral computer devices
Software development, programming and implementation
Cloud computing
Online providing of non-downloadable software for the virtualisation, in particular the design, programming and updating of virtual environments
Hosting of computer sites (websites), software as a service (saas) services featuring software for networking and system monitoring and management
Rental of software
Providing of temporary use of non-downloadable, cloud-based software for connecting, operating, and managing networked devices in the internet of things [IoT]
Providing online non-downloadable software for monitoring and managing data and system security, communications, operating systems and data routing
Providing online non-downloadable software for use in data and system analytics.