The trademark ConcreTec was filed by Wacker Neuson Produktion GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 24, 2022, and received one opposition filed on August 31, 2022 by Semperit Technische Produkte Gesellschaft m.b.H. on Likelihood of confusion. the opponent was represented by MÜLLER SCHUPFNER & PARTNER PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on August 2, 2022.
The Opposition with reference B 003177831 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 1, 2024 by the EUIPO. The Appeal with reference B R1091/2024-5 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on November 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machines and apparatus for the building and building materials industry
Vibration machines
Concrete vibrators
External vibrators for concrete compaction
Combined skips and mixers for producing concrete
Concrete finishing machines
Concrete placing machines.
The mark was filed in class 9 with following description of goods:
Measuring, detecting, monitoring and controlling devices
Sensors, detectors and monitoring instruments
Apparatus for monitoring a concrete compaction process
Software
Software for monitoring, analysing, controlling and running physical world operations
Sensory software
Dashboard software
Apparatus for the control of concrete component processes
Apparatus for the control of concrete compaction processes.
The mark was filed in class 19 with following description of goods:
Concrete building elements
Concrete
Prefabricated non-metal buildings.
The mark was filed in class 40 with Moulding of concrete and Processing of concrete..
The mark was filed in class 42 with following description of goods:
Software development
Engineering design and consultancy
Technical consultancy relating to the operation of concrete component processes
Technical consultancy relating to the setting up and operation of a concrete component plant
Technical consultancy relating to the production of concrete parts.