The trademark KERN Ing. Fritz Kern GES.M.B.H. was filed by Ing. Fritz Kern Ges.m.b.H., a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 9, 2022, and received one opposition filed on September 6, 2022 by KERN Technik GmbH & Co. KG on Likelihood of confusion. the opponent was represented by PATENTSCHUTZENGEL and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003178157 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 30, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Extruded aluminium sections
Pipes, tubes and hoses, and fittings therefor, including valves, of metal
Ducts made of metal for trunking conduits for gases
Pipes and tubes of metal
Tubes of metal
Tubes of copper alloys
Couplings of metal for tubing
Pipe unions of metal
Metal tubes for gas
Junctions of metal for pipes
Copper tubes [other than parts of machines]
Ducts made of metal for trunking pipes for gases
Cleader rails of metal
Check valves of metal [other than parts of machines]
Pipework of metal
Manifolds of metal for pipelines
Branching tubes of metal for pipelines
Metal gas pipe parts
Metal pipes for liquid and gas transfer
Branching pipes of metal.
The mark was filed in class 7 with following description of goods:
Screw air compressors
Air compressors
Pumps, compressors and blowers
Vacuum pumps [machines]
Vacuum pumps [machines].
The mark was filed in class 9 with following description of goods:
Measuring devices
Pressure measuring apparatus
Mass flow meters
Panel meters
Gas flow meters
Concentration meters
Optical measurement apparatus
Vacuum gauges
Vacuum measuring instruments
Checking (supervision) apparatus and instruments
Measuring, detecting, monitoring and controlling devices
Electrochemical gas sensors
Carbon monoxide detectors
Sensors and detectors
Measuring instruments
Flowmeters.
The mark was filed in class 10 with following description of goods:
Measuring instruments adapted for medical use
Medical and veterinary apparatus and instruments
Lighting for medical use
Lamps for medical purposes
Lamps for use with medical instruments
Light sources for medical use
Trays for holding medical instruments
Trays for holding surgical instruments
Apparatus (Medical -) for extracting oxygen from the atmosphere
Medical instruments
Medical apparatus and instruments
Receptacles for applying medicines
Pressure monitors for medical use.
The mark was filed in class 11 with following description of goods:
Lighting apparatus
Stop cocks being safety apparatus for gas apparatus
Stop cocks for regulating gas
Pressure supervision apparatus [safety apparatus for gas pipes]
Pressure supervision apparatus [safety apparatus for gas apparatus]
Gas regulators
Taps for regulating gas flow
Regulating apparatus for gas apparatus
Regulating apparatus for gas installations
Regulating apparatus for gas pipes
Regulating apparatus for gas pipe installations
Gas cleaners and purifiers
Safety accessories for water or gas apparatus and pipes.
The mark was filed in class 35 with following description of goods:
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to medical apparatus
Wholesale services in relation to medical apparatus
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies.
The mark was filed in class 37 with following description of goods:
Maintenance and repair of vacuum pumps
Repair or maintenance of electric lighting apparatus
Maintenance of medical equipment
Medical apparatus installation
Building, construction and demolition
Construction of pipelines
Laying and construction of pipelines
Dismantling services
Pipe installation services
Pipeline construction and maintenance
Pipeline installation and repair
Installation of pipe systems for conducting of gases
Installation of pipework systems
Servicing of pipelines
Repair or maintenance of medical machines and apparatus
Installation, maintenance and repair of medical apparatus and instruments
Laying of cable
Machinery installation, maintenance and repair.
The mark was filed in class 45 with Medical alarm monitoring and Safety, rescue, security and enforcement services..