The trademark Termomatrix was filed by NEW JET S.R.L. UNIPERSONALE, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 29, 2022, and received one opposition filed on June 28, 2022 by VORWERK INTERNATIONAL AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 28, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003173745 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 19, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Electrical pumps
Hydraulic pumps
Axial pumps
Centrifugal pumps
Circulating pumps
Gear pumps
Distribution pumps
Fluid pumps
Aquarium pumps
Pumps for concrete
Controlled volume pumps
Submersible pumps
Rotary pumps
Positive displacement pumps
Marine pumps
Pneumatic pumps
Ejectors [pumps]
Valves for pumps
Suction pumps
Servo-controlled hydraulic pumps
Electric water pumps
Refrigerant recovery pumps
Electric pumps for swimming pools
Metered gasoline pumps
Reciprocating vacuum pumps
Pumps for counter-current swimming
Electric garden pumps
Water pumps for use in motors and engines
Water pumps for showers
Pressure vacuum pumps
Pump starters
Water pumps for use in terrariums
Water pumps for use in aquariums
Water pumps for swimming pools
Water pumps for baths
Heat pumps [parts of machines]
Fuel pumps for land vehicles
Engine driven water pumps
Water pumps for spa baths
Electric water pumps for swimming pools
Pumps for land vehicle engines
Electric water pumps for baths
Pumps for the extraction of gases [machines]
Pumps for the extraction of vapour [machines]
Pumps for aerating indoor aquariums
Centrifugal water pumps for domestic purposes
Pumps [parts of machines, engines or motors]
Aeration pumps for bodies of water
Water pumps for use in garden ponds
Water pumps for aerating aquaria
Electric water pumps for spa baths
Self-regulating pumps [other than for the delivery of fuel at filling stations]
High-pressure pumps for washing appliances and installations
Diaphragm pumps for pumping semi-liquid material
Current generators
Hydrodynamic screws
Portable electric power generators
Steam operated power generators.
The mark was filed in class 11 with following description of goods:
Lighting and lighting reflectors
Filters for industrial use
Drying apparatus for fodder and forage
Desiccating apparatus
Drying machines for agriculture
Extraction hoods for fodder driers
Gas operated devices used in drying
Refrigerated compressed air dryers
Air dryers
Plywood drying machines
Fitted fabric covers for garment steamer heads
Ovens utilising air frequency fields for drying purposes
Drying ovens
Industrial drying installations
Industrial dishdrying machines
Electrically heated clothing
Hair steamers for beauty salon use
Hot air bath fittings
Electrically heated clothing for protection against accident or injury electrical heating pads for pets, not for veterinary purposes
USB-powered hand warmers
Electrical heating pads, other than for medical [treatment] use
Electrically heated clothing for medical use
Blankets, electric, not for medical purposes
Sterilization, disinfection and decontamination equipment
Water desalination installations
Gravimetric dry flow feeders for water treatment
Settler apparatus for sewage
Swimming pool chlorinating apparatus
Settler apparatus for water
Settler apparatus for waste
Sewage purification apparatus
Desalination apparatus
Aquarium filtration apparatus
Industrial-water purifying apparatus
Water desalinating apparatus utilizing reverse osmosis
Water filtering apparatus for industrial use
Aquarium sea water purifying apparatus
Water desalinating apparatus
Bioreactors for use in the treatment of waste
Germicidal burners
Bioreactors for use in the treatment of wastewater
Ionisation chambers
Water purifiers for industrial use
Reverse osmosis elements for industrial use in reducing the salt content of water
Filters for wastewater
Water filters [installations] for agricultural purposes
Wastewater treatment tanks for industrial purposes
Septic tanks
Septic tanks for household purposes
Septic tanks for industrial purposes
Ion exchange installations
Industrial waste water purification plants
Purification installations for waste material
Sea water desalination plants
Purification installations for sewage
Ultra-violet irradiators
Ultraviolet ray lamps, not for medical purposes
Ultraviolet lamps used for aquariums
Germicidal lamps
Membranes for the filtration of water
Coils being parts of distilling installations
Chlorinating units for water treatment
Refining towers for distillation
Water filtering units for aquariums
Wastewater purification units
Ultra-violet water sterilisation units for industrial use
Chemical sterilization units [water treatment equipment]