The trademark was filed by KIRCHHOFF AUTOMOTIVE Deutschland GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and Kirchhoff Witte GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 22, 2022, and received one opposition filed on February 22, 2023 by Woolworth GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ahlborn-Bauer, Silke and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 22, 2023
It was designated 'Basic Application' for International Application 1726192 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).
Goods And Services
The mark was filed in class 6 with Transportable buildings of metal, in particular ground mobility systems such as modular track systems for tracked vehicles and vehicles with air tyres, modular airfield systems being taxiways and fixed parking areas for aircraft and helicopters, helicopter landing pad systems, the aforesaid goods primarily in the form of modular aluminium pads and modular aluminium slabs and waste bins, in particular underground waste bins, for municipal and industrial purposes..
The mark was filed in class 7 with following description of goods:
Road washing vehicles, road sweeping machines
Canal cleaning vehicles
Manual accelerators [control units for motors]
Gas rings [control units for motors]
Accelerator pedal arrangements
Starting motor operation units [control units for motors]
Tools, other than hand-operated, machine tools, mechanically operated hand-held tools.
The mark was filed in class 8 with following description of goods:
Hand tools (hand-operated) and parts for hand tools
Screwing tool bits and linings, holders, connectors and adaptors therefor
Socket wrench bits, storage containers for screwing tool bits (bits) and socket wrench bits, including at least one hand-operated screwing tool
Holders equipped with tool bits for hand-operated screwdrivers.
The mark was filed in class 9 with following description of goods:
Electronic ignition locks
Data entry terminals for vehicles, in particular data entry terminals with manual confirmation such as switch units
Vehicle battery housings
Starting motor operation unit [electric instrument panels].
The mark was filed in class 11 with Heaters for vehicles (auxiliary heaters) and Roof and boot fans for motor vehicles..
The mark was filed in class 12 with following description of goods:
Motorised land vehicles for municipal purposes, in particular street sprinklers, waste collection and transport vehicles
Waste collection container being superstructures for waste collection vehicles and waste transport vehicles
Transport vehicles for ground mobility systems and laying vehicles for ground mobility systems, and superstructures for the aforesaid goods
Vehicle seats
Seat adjusters, aids for sitting-up straight and for leaving seats in vehicles
Loading aids for vehicles
Swivel seats, including lift swivel seats
Wheelchair lifting systems for vehicles, seat slides for vehicles
Electronic selection lever
Electric parking brakes
Selection lever extensions
Manual brake controls
Steering wheel knobs
Steering wheel forks
Pedal attachments
Pedal covers
Adjustable treads for attachment to motor vehicles
Systems for securing wheelchairs
Motor vehicle parts, For example, formed sheet metal parts, metal components, the aforesaid metal components being stamped, pressed and drawn parts, coated and/or welded, plastic parts and combinations and assemblies thereof, for example, side members, Cross-members, Frames and Frame parts, axle housings, Auxiliary frames, Bumpers, Bumper crossbeams, crash boxes and connection units therefor, including bearing brackets and suspensions, Reinforcement parts and Stays, not of metal, Pedal arrangements, underflooring and chassis parts/assemblies.
The mark was filed in class 37 with following description of goods:
Maintenance of refuse collection and transport vehicles, road washing vehicles, road sweeping machines
Rental, in relation to the following goods: Street washing vehicles, Road sweepers
Retrofitting of vehicles relating to the fitting of mobility aids.
The mark was filed in class 39 with Rental of waste collection vehicles and waste transport vehicles.
The mark was filed in class 40 with Manufacture and assembly of parts and components, namely of motor vehicle parts made from formed sheet metal parts, the aforesaid metal components in particular being stamped, pressed and drawn parts, coated and/or welded, of plastic parts and combinations and assemblies of the aforesaid parts.
The mark was filed in class 42 with Development and design of motor vehicle parts and assemblies thereof, made, for example, of metal plates, plastics or a combination thereof, in particular for the manufacture of body parts, doors, bonnets, internal or external assemblies and other ancillary goods and Scientific and technological research for the design of vehicles and vehicle design services, including analysis and investigations for the vehicle industry, computer program development, tool construction [construction planning and design] for vehicle manufacturing processes/applications, in particular forging, pressing, shaping (cold and hot), coatings of various kinds, including varnishing, powder and electrolytic coatings, soldering using a variety of methods and melt-free connection of parts..