The trademark MAXOLM was filed by LSV Lech-Stahl Veredelung GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 24, 2022, and received one opposition filed on October 17, 2022 by McMullan Bros. Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by POTTER CLARKSON AB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 2022
The application was filed in German, and German 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 Common metals and their alloys, ores, Materials of metal for building and construction, Building materials of metal, Building panels of metal, Buildings of metal and Cables and Wires Non-precious metals, Wire of common metal, Metal hardware, Bolts of metal, Metal containers for storage or transport, Tanks of metal, Ingots of common metal, Bright steel bars, Wall plugs, Pegs of metal, Frameworks of metal, Peeled metal bars, Drawn and polished metal bars, Metals in powder form, Welding rods, Slabs of metal for building, Common metals, unwrought or semi-wrought, Steel, unwrought or semi-wrought, Tubes of metal, Screws of metal, Soldering wire of metal, Steel sheets, Steel wire, Cast steel, Steel buildings, Steel alloys, Steel tubes, Poles of metal, Pins [hardware], Barrels of metal, Buildings, transportable, of metal, Hot-rolled steel bars..
The mark was filed in class 7 with following description of goods:
Machines, for use in the following fields: Recycling industry, Metal processing industries, Farming, Machine tools and power tools
Motors and engines and propulsion mechanisms, Machine coupling and transmission components, Agricultural implements other than hand operated hand tools, Waste compacting machines, Excavators, Hoppers [mechanical discharging], Belts for conveyors, Crankcases for machines, motors and engines
Moulds [parts of machines], Elevating apparatus, Hydraulic controls for machines, motors and engines, Blades [parts of machines], Compressors, Cranes [lifting and hoisting apparatus], Harvesting machines, Knives for mowing machines, Knives [parts of machines], Feeders [parts of machines], Engines and motors, Mills [machines], Ploughs, squeezers, Steamrollers, Saw blades [parts of machines], Grindstones [parts of machines], Dividing machines, Drums [parts of machines], Washing apparatus, Tools [parts of machines], Wind turbines, Wheel loader scales, Shredders [machines], Parts of machines and parts of housings of hoists, Conveyors [machines], dust covers and protection guards As parts of machines.
The mark was filed in class 12 with Automobile chassis, Tipping bodies for lorries, Steel parts for vehicles.
The mark was filed in class 37 with Mining extraction, Construction, Mining extraction, Quarrying services, Installation, maintenance and repair of the following goods: Tools being parts of machines for the recycling industry, metal-working industry or for agriculture and Information, advice and consultancy in relation to the aforesaid services..
The mark was filed in class 40 with following description of goods:
Metal treating
Treating [tempering] of metal
Treating [forging] of metal
Treating [shaping] of metal
Metal coating [not painting]
Metal finishing
Metal casting
Metallizing
Polishing of metals
Treating [embossing] of metal
Treating [stamping] of metal
Recycling of waste and trash
Provision of information, in relation to the following fields: Treatment of materials, Metal tempering, Metal treating, Metal casting, Grinding, soldering, custom assembling of materials for others.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis, industrial research and industrial design
Quality control and authentication services
Design and development of computer hardware and computer software, Engineering services, Conducting technical project studies, Construction drafting, Material testing, Material testing
None of the above services in the following fields: oil, Gas, Petroleum, Lubricants and Minerals.