The trademark MARATHON was filed by WESCO Distribution, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on March 2, 2023, and received one opposition filed on June 1, 2023 by THE BLACK & DECKER CORPORATION on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 1, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2024.
Goods And Services
The mark was filed in class 1 with Adhesives.
The mark was filed in class 6 with following description of goods:
Poleline hardware
Metal lashing wire clips
Metal cable ties
Metal guy wire
Metal goods, namely, metal clamps, metal attachments for fastening telecommunications cables, metal rods for grounding telecommunications systems, metal hooks, metal straps for fastening telecommunications cables, wire rope, binding screws of metal for cables, metal cable clips, uninsulated, non-electric wire.
The mark was filed in class 9 with following description of goods:
Overmolded shoals, namely, solar grid electric wire assemblies
Fiber splicing equipment
High definition multimedia interface cable testers
Electrical cable jumpers for making audio, video and data connections, optical fiber splice protective sleeves, closures and tubes, and patch cords excluding goods manufactured as, or including, unshielded twisted pair copper cable
Fiber optic cable assemblies
Fiberoptic cable assemblies comprised of fiber optic cables and fiber optic connectors
Warning tape used to warn or catch the attention of passersby of an area or situation containing a possible hazard.
The mark was filed in class 11 with Pedestal fans and electric pocket hand warmers..
The mark was filed in class 16 with Adhesive tape [stationery] and trash bags..
The mark was filed in class 17 with following description of goods:
Adhesive packaging tape for industrial or commercial use
Electrical tape
Caulking
Self-fusing insulating tape for industrial use
Multi-purpose thermoplastic heat shrink tubing.
The mark was filed in class 20 with following description of goods:
Weatherproof non-metal utility toolboxes
Plastic lashing wire clips
Plastic fastening anchors, plastic guy markers, plastic pedestals.
The mark was filed in class 21 with Brooms.
The mark was filed in class 22 with Non-metal cable ties and tarps..
The mark was filed in class 25 with Hand warmers [clothing].