The trademark S SKYTECH was filed by ÜNSAL YAPI VE DAYANIKLI TÜKETIM MALLARI SANAYI TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on June 12, 2022, and received one opposition filed on September 12, 2022 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Dentons Ireland and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003178614 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machines, machine tools and industrial robots for processing and shaping wood, metals, glass, plastics and minerals
3D printers
Construction machines and robotic mechanisms (machines) for use in construction
Bulldozers
Diggers (machines)
Excavators
Road construction and road paving machines
Drilling machines, rock drilling machines, road sweeping machines
Lifting, loading and transmission machines and robotic mechanisms (machines) for lifting, loading and transmission purposes: elevators, escalators and cranes
Machines and robotic mechanisms (machines) for use in agriculture and animal breeding
Machines and robotic mechanisms (machines) for processing cereals, fruits, vegetables and food
Beverage preparation machines, electromechanical
Beverage processing machines
Engines and motors, other than for land vehicles, parts and fittings therefor
Hydraulic and pneumatic controls for engines and motors
Brakes other than for vehicles, brake linings for engines
Crankshafts
Transmission gears for machines
Cylinders for engines
Pistons for engines
Turbines, not for land vehicles
Filters for engines and motors
Oil,air and fuel filters for land vehicle engines
Exhausts for land vehicle engines
Exhaust manifolds for land vehicle engines
Engine cylinders for land vehicles
Engine cylinder heads for land vehicles
Pistons for land vehicle engines
Carburetors for land vehicles
Fuel conversion apparatus for land vehicle engines
Injectors for land vehicle engines
Fuel economisers for land vehicle engines
Pumps for land vehicle engines
Valves for land vehicle engines
Starters for motors and engines
Dynamos for land vehicle engines
Sparking plugs for land vehicle engines
Bearings (parts of machines), roller or ball bearings
Machines for mounting and detaching tires
Alternators, current generators, electric generators, current generators operated with solar energy
Painting machines, automatic spray guns for paint, electric, hydraulic and pneumatic punching machines and guns, electric adhesive tape dispensers (machines), electric guns for compressed gas or liquid spraying machines
Electric hand drills, electric hand saws, electric jigsaw machines, spiral machines, compressed air machines, compressors (machines), vehicle washing installations, robotic mechanisms (machines) with the abovementioned functions
Electric and gas-operated welding apparatus, electric arc welding apparatus, electric soldering apparatus, electric arc cutting apparatus, electrodes for welding machines, industrial robots (machines) with the abovementioned functions
Printing machines
Packaging machines, filling, plugging and sealing machines, labellers (machines), sorting machines, industrial robots (machines) with the abovementioned functions
Electric packing machines for plugging and sealing of plastics, machines for textile processing, sewing machines, industrial robots (machines) with the abovementioned functions
Pumps [machines], self-regulating fuel pumps
Electric kitchen machines for chopping, grinding, crushing, mixing and mincing foodstuff
Washing machines
Laundry washing machines
Dishwashers
Spin driers (not heated)
Electric cleaning machines for cleaning floors, carpets or floorings
Vacuum cleaners and parts thereof
Automatic vending machines
Galvanizing and electroplating machines
Electric door openers and closers
Joints (parts of engines).
The mark was filed in class 11 with following description of goods:
Lighting installations
Lights for vehicles and interior-exterior spaces
Heating installations using solid, liquid or gas fuels or electricity, central heating boilers, boilers for heating installations, radiators [heating], heat exchangers, not parts of machines, stoves, kitchen stoves, solar thermal collectors [heating]
Steam, gas and fog generators, steam boilers, other than parts of machines, acetylene generators, oxygen generators, nitrogen generators
Installations for air-conditioning and ventilating
Cooling installations and freezers
Electric and gas-powered devices, installations and apparatus for cooking, drying and boiling, cookers, electric cooking pots, electric water heaters, barbecues, electric laundry driers