The trademark OX was filed by TROX GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 26, 2022, and received one opposition filed on January 25, 2023 by ORGATEX GmbH on Likelihood of confusion. the opponent was represented by Demski, Siegfried and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 25, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audio-visual, optical, weighing, measuring, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Especially, for use in the following fields: Control, automation and inspection in the field of air conditioning, ventilation, fire prevention, filtration and sound absorption technology
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded media
Downloadable media
Blank digital or analogue recording and storage media
Computers
Computer peripheral devices
Software for control, automation, commissioning, maintenance, troubleshooting and/or regulation of air conditioning and room ventilation installation components, including being downloadable
Tools (software) for customers for planning and design of air conditioning and room ventilation installations
Tools (software) for commissioning of air conditioning and room ventilation installations
System platforms
System platforms for air conditioning and room ventilation installations comprising air conditioning and room ventilation components and software
System platforms for air conditioning and room ventilation installations comprising air conditioning and room ventilation components, software and user tools
Computer software, namely System platforms for air conditioning and room ventilation installations comprising air conditioning and room ventilation components and software.
The mark was filed in class 11 with following description of goods:
Lighting apparatus, Unit heaters, equipment and And installations for ventilation purposes
Apparatus for ventilating, Ventilation technology installations, Air conditioning installations, related parts, specifically, for use in the following fields: Air distribution, air filtration, air volume regulation, sound absorption, fire protection
Equipment for ventilation and air conditioning
Units for the ventilation and air-conditioning of rooms, Monitoring devices and control devices for ventilating and/or air conditioning systems
Apparatus for ventilating and Air conditioning apparatus, Equipment for ventilation and air conditioning, specifically, Decentralised facade ventilation apparatus, related parts, as far as the aforesaid goods are included in class 11, specifically, for use in the following fields: Air distribution, air filtration, air volume regulation, including all the aforesaid goods being compiled into installations and units
Parts of installation for ventilation, namely Silencers
Parts of installation for ventilation, namely Fire shutters
Parts of installation for ventilation, namely Smoke release valves
Parts of installation for ventilation, namely, Ventilation grilles
Chilled beams being parts of ventilating installations, in particular chilled beams for floors or ceilings
Culverts being parts for ventilating installations, specifically Wall and or parapet beams
Cooling baffles, In particular multi-functional chilled beams
Cooling convectors, In particular passive and/or multi-functional cooling convectors
Cooling ceiling
Apparatus for ventilation and air conditioning technology, included in class 11, including with lighting devices and/or loudspeakers
Apparatus for regulating and/or controlling, for use in relation to the following goods: Apparatus for ventilating, Air conditioning apparatus, Equipment for ventilation and air conditioning.