The trademark HEAVYCAT solutions for industry was filed by HEAVYGROUP Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 4, 2022, and received one opposition filed on October 10, 2022 by Caterpillar Inc. 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 October 10, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to: Numerically controlled machine tools, Machines and machine tools for treatment of materials and for manufacturing, Pumps for coolant supply in CNC (computerised numerical control) machines, High pressure pumps, Pumps, Compressors and Blowing apparatus for CNC machines, Refrigerating compressors for refrigeration units, Hydraulic circuits for machines, Hydraulic collating machines for industrial manufacture for CNC machines, hydraulic power tools for CNC machines
Retail and wholesale services in relation to: Process control units [hydraulic], Industrial process controllers [hydraulic], Hydraulic controllers for CNC machines, motors and engines, Pressure multipliers for liquids for CNC machines, Filters [parts of machines or engines] for CNC machines, Oil filters for CNC machines, Liquid level monitoring apparatus, Liquid level meters, Measuring apparatus, detecting devices, Monitoring apparatus and Control devices
Retail and wholesale services in relation to: Safety, security, protection and signalling devices, Information and data recorded on storage media, System and system support software, and firmware, Software for monitoring, analysis, control and conducting of physical world operations, computer hardware and software for controlling CNC (computerised numerical control) machines
Retail and wholesale services in relation to: Software and electronic installations for the remote control of industrial operations, Filters for industrial or household use, Filters for process fluid treatment, Filters for industrial installations, Filters for refrigeration systems, Industrial treatment installations, Cooling appliances and installations, Cooling elements, Refrigerating machinery, Industrial cooling installations
Retail and wholesale services in relation to: refrigerating apparatus, Cooling aggregates [parts of water cooling installations], Cooling installations for liquids, Process fluid coolers, filtering and cooling devices for CNC (computerised numerical control) machines
Commercial brokerage in relation to matching business partners
Sales promotion for others
Arranging of buying and selling contracts for third parties
Business and advertising consultancy, for others, in the field of selection of goods
Arranging the buying of goods for others and Arranging the purchase of services, for others
Comparison services relating to the price, quality and characteristics of goods and services
Providing of advertisements using electronic devices
Management of retail, wholesale and Internet shops
Advertising
Rental of advertising space and time
Commercial management
Business administration
Organisation of trade fairs, auctions and exhibitions for advertising or commercial purposes
Business promotion
Commercial management advisory services
Business management and organisation consultancy
Market studies, opinion polling
Organisation of trade fairs for commercial or advertising purposes
Demonstration of goods
Advertising, Rental of advertising space and time
Marketing and promotion services
Market research and marketing studies
Statistical analysis and reports
Collection and systematization of business data
Collection and processing of data for administrative purposes
Compilation of information into computer databases
Computerized file management
Updating and maintenance of data in computer databases
Updating and maintenance of information in registries
Import-export agency services
None of the aforesaid for or in relation to construction, mining, earthmoving, agricultural, forestry and waste handling machines, equipment and vehicles, diesel and natural gas engines and industrial gas turbines.
The mark was filed in class 37 with following description of goods:
Fixing services, Installation, service and maintainance in relation to the following goods: CNC (computerised numerical control) machines
Installation, maintainance and fix in relation to the following goods: Industrial automation, Industrial equipment and Industrial machines
Assembly, maintainance and fix in relation to the following goods: Industrial treatment installations, Cooling and filtering installations and apparatus
Adaptation of industrial machines and apparatus
None of the aforesaid for or in relation to construction, mining, earthmoving, agricultural, forestry and waste handling machines, equipment and vehicles, diesel and natural gas engines and industrial gas turbines.
The mark was filed in class 41 with following description of goods:
Arranging and conducting of training, courses and training sessions
Continuous training
Educational and teaching services
Publishing services
Writing and publication of texts, articles, books, magazines, almanacs, journals and teaching materials
Publication of consumer magazines
Multimedia publishing of magazines and journals
Recording of teaching material
Organisation of exhibitions, events and demonstrations for cultural or educational purposes
Providing on-line electronic publications
None of the aforesaid for or in relation to construction, mining, earthmoving, agricultural, forestry and waste handling machines, equipment and vehicles, diesel and natural gas engines and industrial gas turbines.
The mark was filed in class 42 with following description of goods:
Design services
Science and technology services
Testing, authentication and quality control
Engineering services
Product development
Product research and development
Certification
Testing of industrial apparatus for certification purposes
Design of industrial plant
Designing of packaging and wrapping materials
Design and graphic studio services
Compilation of scientific and technological reports
IT services
Services for the writing of computer programs
Consultancy in the field of the design and development of computer hardware and software
Software as a service [SaaS]
Design, Copying, Producing, integration, upgrading, maintaining, renting, deployment and Consultations in relation to the following goods: computer software advice, Data processing and computer network systems, management support software (for improving information analysis and decision-making processes)
IT consultancy and information
Modelling and optimisation of processes using information technology tools, implementation and use of business intelligence systems based on data warehousing
Development of analytical systems based on artificial intelligence technology
Knowledge management and data mining
Research, design and development of computer software, equipment and software embedded into hardware devices, computer programs
Rental, leasing and updating of computer software, including via the Internet - (ASP - Application Service Provider)
Providing temporary use of non-downloadable computer software
None of the aforesaid for or in relation to construction, mining, earthmoving, agricultural, forestry and waste handling machines, equipment and vehicles, diesel and natural gas engines and industrial gas turbines.