The trademark NEWMAN TRACTORES Y MAQUINARIA AGRÍCOLA was filed by JAVIER NEWMAN GONZALEZ ESTEBANEZ, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 18, 2022, and received one opposition filed on November 17, 2022 by MAN Truck & Bus SE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by RDP RÖHL - DEHM & PARTNER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 17, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003183382 was refused according to Article 8(1)(b) EUTMR with decision issued on March 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Barn cleaners [machines]
Spraying machines
Agricultural, gardening and forestry machines and apparatus
Attachments for bulldozers
Soil spreading apparatus [machines]
Ground drilling apparatus [machines]
Machines for excavating earth
Back hoes [machines]
Mowing machines [electric]
Ditchers [ploughs]
Harvesting machines
Loader buckets for excavators
Excavators
Lawn mowing attachments for vehicles
Couplings for agricultural implements
Windrowers [agricultural implements]
Bunchers [machines]
Power-operated lawn aerators
Automatic feeding apparatus for livestock
Towable spraying apparatus for agricultural use
Cattle stunning appliances [machines]
Sprayers [machines] for use in horticulture
Tractor-towed fertilizer applicators
Ploughs
Ploughs [tractor towed agricultural implements]
Ploughs being agricultural machines
Electric garden pumps
Power-operated lawn edgers
Spraying booms for attachment to vehicles for the purpose of spraying crops
Spraying booms for towing behind vehicles for spraying crops
Hay balers [tractor towed agricultural implements]
Turf removing ploughs
Electric garden scythes
Harrows [tractor towed agricultural implements]
Gardening tools (Electric -)
Towable agricultural machines
Agricultural machines for grass collecting
Agricultural machines for sowing
Agricultural machines for fertilising
Agricultural machines for ground cultivation
Agricultural machines for cultivating
Agricultural machines for grass cutting
Agricultural machines for ploughing
Agricultural machines
Tilling machines for agricultural purposes
Shredders [machines]
Garden tilling machines
Lawn and garden tilling machines
Stubble cutting machines
Fodder cutting machines [feed cutters]
Green feed cutting machines
Turnip cutting machines
Gardening machines (Powered -)
Lawn raking machines
Grass collecting machines
Horticultural machines
Straw bale tightening machines
Lawn aerators [machines]
Fodder mixing machines [feed mixers]
Agricultural machine tools
Dozer shovels
Lawnmowers [machines]
Tree stump cutters
Gasoline lawn mowers
Power driven hedge shears
Lopping shears [machines]
Hopper loaders [machines]
Harvesting heads
Conveyors for agricultural and horticultural machinery and parts and fittings therefor
Chaff cutters [machines]
Line trimmers for garden use
Scythes [machines]
Tedding machines
Shearers (Electric -) for livestock
Binding apparatus for hay
Chaff spreaders [machines]
Hammers [parts of machines]
Chucks [parts of machines]
Bearings [parts of machines]
Pressure pumps
Water pumps
Engine driven water pumps
Electric water pumps
Hydraulic engines and motors
Air compressors
Automated robotic handling apparatus for loading and unloading of goods
Robotic mechanisms for lifting
Pulleys
Mechanical tools
Hand-held tools, other than hand-operated
Mechanical tools
Machine tools
All the aforesaid goods in relation to the following goods: Agricultural machinery and Agricultural machines and machine tools.
The mark was filed in class 12 with following description of goods:
Joggers [agricultural carts]
Wheelbarrows
Electrically powered trolleys
Two-wheeled trolleys
Trolleys for hand traction
Dump carts
Carts for garden hoses
Tractor trailers
Equipment trailers
Semi-tractor trailers
Lawn tractors
Horticultural tractors
Automatically guided [driverless] material handling tractors
Towing tractors
Tractors for freight
Garden tractors for transport
Towing tractors, and structural parts therefor
Tractors for agricultural purposes
Tractors
Tracked vehicles
Vehicles for use on land
Tractor drawn land vehicles
Tilting-carts
Forklift trucks
All the aforesaid goods, in relation to the following goods: Agricultural machinery, machines and implements.
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing via global computer networks in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Import and export sales representation services in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Franchise-issuing relating to business management assistance
Retailing in commercial premises in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Business management in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Import and export services in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Promotion services and Retailing in shops and via global computer networks in relation to the following goods: Tractors for agricultural purposes and Agricultural machines
Advertising, direct mail advertising
Presentation of agricultural tractors and agricultural machinery in any media for wholesaling and retailing and/or via global computer networks
Organisation of events, exhibitions and trade fairs for commercial, promotional and advertising purposes
Advertising via electronic media, in particular the internet
Promotion of an online directory of commercial information on the internet
Commercial information services on the internet
Providing business information, also via internet, the cable network or other forms of data transfer
Distribution and dissemination of advertising materials (leaflets, brochures, printed matter and samples)
Dissemination of advertisements and advertising material in periodical publications, leaflets, newspapers, advertisements and advertising
All the aforesaid services relating to the following goods: Agricultural machines and Equipment and machinery for agriculture.