The trademark WEINMANN was filed by Homag Group AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 14, 2022, and received one opposition filed on January 10, 2023 by Weinmann Emergency Medical Technology GmbH + Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PATENTANWÄLTE KLICKOW & WETZEL PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2023
It was designated 'Basic Application' for International Application 1735328 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Woodworking machines
Machine tools for woodworking machines
Machines and machine tools for working and processing wood, metal and plastics
Assembly tables
Butterfly turning tables
Assembly tables for roofs, ceilings and floors
Installations for the construction of houses made of wood
Installations for the construction of walls for buildings
Installations for the construction of floors for buildings
Installations for filling walls with insulation
Timber frame production lines
Woodworking machines for form machining and edge machining
Machines for processing veneers
Formatting machines and contouring machines
Postforming machine
Insertion machines
Assembly machines
Packaging machines
Saws [machines]
Trimming machines and installations
Beam processing machines and installations
Machines for surface machining, edge machining and component manufacture
Wood planing machines
Jointers being woodworking machines
Circular saws [for woodworking]
Sanding machines [for woodworking]
Boring machines for use in woodworking
Pressing machines for industrial purposes
Shaping and moulding machines
Trimming machines
Machines, machine tools, and power-operated tools and apparatus, for fastening and joining
Gluing machines
Finishing machines
Laminators [machines] other than for office use
Machines and Presses for the manufacture of laminated wood products
Machines for the processing of glulam, solid wood boards, multi-layer panels, scantlings, posts, and beams
Machines for the manufacture of cross laminated timber (CLT)
Machines for the production of walls, ceilings and floors made of wood
Installations and press lines for cross laminated timber (CLT) production
Machines using radio frequency energy for glue curing
High pressure machines
Industrial presses using radio frequency technology
Tools for machines
Routers [machines]
Handling machines, automatic [manipulators]
Automated robotic handling apparatus for loading and unloading of goods
Industrial robots for working wood
Robotic mechanisms for transportation
Robots for handling timber framing
Handling and storage systems for timber construction
Feeding sytems for timber construction
Conveyors and machines for transporting, rotating, turning, commissioning and sorting
Loading machines and loading systems for separating stacks
Stacking machines and stacking systems
Loading and unloading machines
Lifting and transmission machines
Workpiece clamping attachments [parts of machines]
Machine beds and frames
Mounts for machines and mechanical installations
Automotive engine blocks
Lifting attachments incorporating mechanisms for the handling of goods
Workpiece clamping attachments [machines]
Conveyors
Roller conveyors
Rotary conveyor apparatus
Screw conveyors
Belt conveyors
Loaders [conveyors]
Automatic conveyor installations
Machinery for the handling of materials
Overhead conveyors
Installations and apparatus for the application of lacquers, adhesives and/or sealing materials
Industrial process controllers [hydraulic], pressure regulating apparatus being parts of machines, regulators [parts of machines], valves [parts of machines], heat exchangers [parts of machines]
Fluid supply and disposal installations for installations and apparatus using high-pressure media
Parts and fittings for the foregoing goods.
The mark was filed in class 9 with following description of goods:
Software
Software for the operation of machines for the manufacture of timber framing
Software for house construction
Software for data generation for walls, roof and ceiling production
Software for carpentry machines
Measuring, detecting, monitoring and controlling devices
Electronic control systems
Programmable controllers
Hardware and software for controlling machines and mechanical installations
Industrial process control software
Business technology software
Factory automation software
Sensors
Sensor controllers
Vibration sensors
Infrared sensors
Electronic sensors
Heat sensors
Temperature sensors
Proximity sensors
Pressure sensors
Optical sensors
Downloadable software
Industrial software
Manufacturing software
Mechanical engineering software
Predictive maintenance software
CAD-CAM software
Smart manufacturing software
Industrial controls incorporating software
Computer-aided manufacturing [CAM] software
Robotic Process Automation [RPA] software
Computer-aided engineering [CAE] software
Enterprise resource planning [ERP] software
Process control apparatus [electronic].
The mark was filed in class 37 with following description of goods:
Machinery installation, maintenance and repair
Repair or maintenance of machines and apparatus for woodworking
Repair or maintenance of machines for timber construction
Tool maintenance
Factory construction
Repair or maintenance of conveyors
Upgrading and maintenance of production facilities
Remote machine maintenance
Installation of radio frequency heating systems
Services of an electrician
Maintenance of production plants for the timber construction industry.
The mark was filed in class 38 with following description of goods:
Data transmission
Remote data access services
Streaming of data
Data transmission services over telematic networks
Providing access to global computer networks and other computer networks
Provision of access to data or documents stored electronically in central files for remote consultation
Data broadcasting services
Data streaming
Electrical data transmission over a global remote data processing network, including the internet, data transmission and data broadcasting
Electronic transmission of data and electronic data interchange services
Electronic network communications and communication services for the electronic transmission of data
Telecommunications by computer terminals, via telematics, satellites, radios, telegraphs, telephones
Telematics services
Transmission of information via wireless or cable networks
Providing of access to a platform for exchanging data between machines, tools, software manufacturers and manufacturers
Providing of access to a platform for exchanging data between data providers and data consumers in manufacturing processes.
The mark was filed in class 42 with following description of goods:
Software installation
Software creation
Design and development of computer software for process control
Design and Development of software for building construction
Design and development of software for data generation for walls, roof and ceiling production
Design and development of software for carpentry machines
Design and development of software for the digital networking of machines
Design and development of computer hardware and software for industrial applications
Design and development of software for mechanical engineering and for automated production (CAD/CAM)
Design, development, maintenance and updating of software for process control
Software programming for the control of woodworking machines
Software development
Updating of software
Technical consulting and engineering services in relation to timber house construction
Technical consulting and engineering services in relation to gluing
Planning of production lines and installations
Technical consulting in relation to solutions for just-in-time delivery for the timber construction industry
Technical consulting in relation to solutions for lean manufacturing and optimization of production processes
Design and development of machines and processes for the production of laminated wood
Design of systems for the control of production plants and facilities
Engineering consultancy and services
Quality control
Engineering services related to the design of machine tools
Engineering services relating to robotics
Engineering-services for the analysis of machines
Planning of production facilities
Planning of production plants for processing wood
Process monitoring for quality assurance
Services related to computer-aided industrial analysis
Services related to IOT (Internet of Things) in the field of mechanical engineering.