EUTM file information

018720205

Westfalen

June 20, 2022

Trademark Summary

The trademark Westfalen was filed by Westfalen Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 14, 2022, and received undefined oppositions.

Opposition Proceedings

There are undefined oppositions were filed:

  • The first opposition filed on March 13, 2023 by WTA WESTFALIA Trailer Austria GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Alpspitz IP and its proceedings were handled in German
  • The second opposition filed on February 12, 2023 by Mobil Invest on Likelihood of confusion. the opponent was represented by AD.LEGEM KONRAD, FROHOFF RECHTSANWALTS- UND PATENTANWALTS- PARTNERSCHAFT and its proceedings were handled in German
  • The third opposition filed on February 8, 2023 by CASA WESTFALIA, S.A. on Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and its proceedings were handled in English
  • The fourth opposition filed on January 9, 2023 by Westfalia Automotive GmbH on Likelihood of confusion. the opponent was represented by FECHNER RECHTSANWÄLTE PARTMBB and its proceedings were handled in German

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 003190067 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 17, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with following description of goods:
    1. Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
    2. Chemical substances, chemical materials and chemical preparations, and natural elements
    3. Chemical and organic compositions for use in the manufacture of food and beverages.
  • The mark was filed in class 3 with Cleaning preparations, Windscreen cleaning preparations, Automobile polishes, Vehicle tyre polish, Cloths impregnated with polishing preparations for cleaning.
  • The mark was filed in class 4 with following description of goods:
    1. Fuels and illuminants
    2. Electrical energy
    3. Lubricants and industrial greases, waxes and fluids.
  • The mark was filed in class 5 with Pest control preparations and articles and Medical and veterinary preparations and articles, Namely medicines and natural remedies, Gases for medical purposes..
  • The mark was filed in class 6 with following description of goods:
    1. Containers, and transportation and packaging articles, of metal
    2. Pipes, tubes and hoses, and fittings therefor, including valves, of metal
    3. Metal hardware
    4. Welding and soldering materials.
  • The mark was filed in class 7 with following description of goods:
    1. Machines and machine tools for treatment of materials and for manufacturing, Welding and soldering machines and devices
    2. Pressure reducers [parts of machines]
    3. Pumps, compressors and blowers
    4. Valves [parts of machines], Power operated valves
    5. Cutting blow pipes, gas-operated
    6. Dispensing machines, Hydrogen dispensing pumps for service stations, Fuel dispensing pumps for service stations, Automatic tank devices.
  • The mark was filed in class 9 with following description of goods:
    1. Recorded content
    2. Encoded cards for use in point of sale transactions, Especially Fuel cards
    3. Audio/visual and photographic devices
    4. Apparatus, instruments and cables for electricity, other than the following goods: Electrical and electronic components, namely: Electric kits and electric components being parts for motor vehicle equipment
    5. Navigation, guidance, tracking, targeting and map making devices
    6. Measuring, detecting, monitoring and controlling devices
    7. Gas mixers for laboratory use.
  • The mark was filed in class 10 with Medical and veterinary apparatus and instruments and Installations for cooling, Drying and ventilating installations, for medical purposes..
  • The mark was filed in class 11 with following description of goods:
    1. Gas condensers, other than parts of machines
    2. Gas boilers for water heating
    3. Solar thermal collectors [heating]
    4. Burners, boilers and heaters
    5. Cooking, heating, cooling and preservation equipment, for food and beverages
    6. Regulating and safety accessories for water and gas installations
    7. Heating, ventilating, and air conditioning and purification equipment (ambient)
    8. Gas cleaners and purifiers
    9. Drying installations
    10. Refrigerating and freezing equipment.
  • The mark was filed in class 12 with Utility vehicle trailers and semitrailers for holding, transporting, storing and dispensing hydrogen.
  • The mark was filed in class 17 with Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic.
  • The mark was filed in class 20 with following description of goods:
    1. Valves, non-metallic
    2. Fasteners, non-metallic
    3. Containers, and closures and holders therefor, non-metallic.
  • The mark was filed in class 29 with following description of goods:
    1. Meat and meat products
    2. Fish, seafood and molluscs, not live
    3. Dairy products and dairy substitutes
    4. Birds eggs and egg products
    5. Edible oils and fats
    6. Processed fruits, fungi, vegetables, nuts and pulses
    7. Soups and stocks, meat extracts.
  • The mark was filed in class 30 with following description of goods:
    1. Salts, seasonings, flavourings and condiments
    2. Pastries and confectionery, chocolate and desserts, namely bread, baked goods, cakes, tarts and biscuits, sweets (candy), chocolate slabs, chocolate bars, chewing gum, muesli bars, energy bars
    3. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    4. Ice, ice creams, frozen yogurts and sorbets
    5. Coffee, teas and cocoa and substitutes therefor
    6. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    7. Ready meals and savoury snacks, namely snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla dishes.
  • The mark was filed in class 32 with following description of goods:
    1. Beers and brewery products, Non-alcoholic beer
    2. Non-alcoholic beverages
    3. Non-alcoholic preparations for making beverages.
  • The mark was filed in class 34 with Tobacco and tobacco products (including substitutes) and Articles for use with tobacco..
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, Marketing and promotion services, Especially Loyalty, incentive and bonus program services
    2. Commercial services and consumer information, namely rental of automatic vending machines, brokerage, arranging of business contacts, collective buying, commercial evaluation, agency business, import and export
    3. Commercial services and consumer information, namely negotiation and brokerage, Ordering services, Price comparison services, Procurement services, for others, Rental of vending machines
    4. Retail and wholesale services in relation to: Foodstuffs, Bakery products, Confectionary, Desserts, Milk products, Beers, Alcoholic beverages (except beer)
    5. Commercial trading and consumer information services, Namely of, Retail and wholesale services in relation to: Non-alcoholic drinks, Coffee, tea, Cocoa
    6. Retailing via a service station shop, Namely of, selection, Compiling, Presentation and Sale, in relation to the following goods: Clothing, Foodstuffs, Delicatessen goods, Bakery products, Fruit, frozen yogurt, Desserts, Milk products, ice creams, Sweets (candy), Chocolate, Tea, cocoa, Coffee, Beers, Alcohol-free beers, Non-alcoholic drinks, Games, cleaning articles, Headgear, Toiletries, Clothing, Luggage, Umbrellas, sewing articles, Detergent, clothing accessories, Car accessories, Hair products, Fashion accessories, fragrant preparations, Batteries, flowers, Disposable paper goods, Stationery, Cups and glasses, Tobacco, cigarettes, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Sanitary pads, Prepaid cards of others for purchasing entertainment services, prepaid cards of others for purchasing multimedia content, Mobile telephone accessories, Especially, Charging cords, cases for mobile phones, Lubricating agents, Especially, motor oils, Cleaning and care preparations for vehicles, Headlamp bulbs, Coals for barbeques, Liquified propane gas, CO2 cartridges
    7. Wholesaling via a service station shop, Namely of, selection, Compiling, Presentation and Sale, in relation to the following goods: Clothing, Foodstuffs, Delicatessen goods, Bakery products, Fruit, frozen yogurt, Desserts, Milk products, ice creams, Sweets (candy), Chocolate, Tea, cocoa, Coffee, Beers, Alcohol-free beers, Non-alcoholic drinks, Games, cleaning articles, Headgear, Toiletries, Clothing, Luggage, Umbrellas, sewing articles, Detergent, clothing accessories, Car accessories, Hair products, Fashion accessories, fragrant preparations, Batteries, flowers, Disposable paper goods, Stationery, Cups and glasses, Tobacco, cigarettes, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Sanitary pads, Prepaid cards of others for purchasing entertainment services, prepaid cards of others for purchasing multimedia content, Mobile telephone accessories, Especially, Charging cords, cases for mobile phones, Lubricating agents, Especially, motor oils, Cleaning and care preparations for vehicles, Headlamp bulbs, Coals for barbeques, Liquified propane gas, CO2 cartridges
    8. Business assistance, management and administrative services
    9. Business analysis, research and information services
    10. Leasing and rental of objects in connection with the providing of the aforesaid services, included in this class
    11. Consultancy and information in relation to the aforesaid services, included in this class.
  • The mark was filed in class 36 with Real estate services, Especially Rental and leasing of service stations, service station shops and restaurants, cafes, snack bars.
  • The mark was filed in class 37 with following description of goods:
    1. HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair
    2. Installation, maintenance and repair of machines, apparatus and devices for use in the manufacture of gas and gas-operated machines, apparatus and devices, Machinery installation, maintenance and repair, Installation, repair and maintenance of energy generating installations
    3. Vehicle repair, maintenance, and refuelling
    4. Providing of self-service service stations
    5. Cleaning and maintenance services, in relation to the following goods: Motor vehicles
    6. Cleaning and polishing of motor vehicles
    7. Vehicle detailing
    8. Automobile cleaning and car washing
    9. Collect and bring services for vehicles relating to the aforesaid services
    10. Operation of self-service car washing installations, car washing and vacuuming places
    11. Providing of self-service car washing installations, car washing and vacuuming places
    12. Rental of vehicle washing installations, Leasing of vehicle washing installations
    13. Charging of batteries and power storage devices, and rental of equipment therefore.
  • The mark was filed in class 39 with following description of goods:
    1. Distribution by pipeline and cable
    2. Transport
    3. Packaging and storage of goods
    4. Rental services related to vehicles, transportation, and storage.
  • The mark was filed in class 40 with following description of goods:
    1. Energy production
    2. Recycling and waste treatment
    3. Gas production services
    4. Custom compilation and production of gas mixtures
    5. Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing.
  • The mark was filed in class 42 with following description of goods:
    1. IT services
    2. Science and technology services
    3. Chemical analysis.
  • The mark was filed in class 43 with following description of goods:
    1. Temporary accommodation
    2. Provision of food and drink
    3. Rental of objects in connection with the providing of the aforesaid services, included in this class
    4. Drink dispensing machines (rental of)
    5. Consultancy and information in relation to the aforesaid services, included in this class.