The trademark UTEX was filed by Utex Industries, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 6, 2022, and received one opposition filed on February 2, 2023 by Kautex Maschinenbau GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by ERNICKE Patent- und Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 2, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Machine parts, namely, mechanical seals
Machine parts, namely, bearings and linear and rotational bearings
Structural and replacement parts for valves and compressors for machines
Machine parts made of thermoplastic and thermoset materials for use in fluid handling equipment, namely, valves, wheels, compressor piston rings, spline adapters, and couplings for drive shafts
Reciprocating pump components, namely, pump plungers used in oilfield and liquid transfer operations in oilfield, mining and water transfer applications
Parts of oilfield wellhead machines, namely, gate valves, ball valves, check valves, plug valves, globe valves, choke and manifold pumps, pump and valve parts, pipe fittings and flanges
Drilling machines
Shock absorbers for machines
All aforementioned goods not comprising or for being used with extrusion blow moulding machines.
The mark was filed in class 17 with following description of goods:
Machinery packings, gaskets, seals, and tapes
Non-metal seals for use in fluid handling equipment
Header rings for packing assemblies
Non-metal sealing rings, gaskets and packings for fluid handling equipment
Packing materials for forming seals, namely, packing rings for pump and hydraulic cylinder packings and diaphragms
Electrical insulators, namely, insulators made of thermoplastic and thermoset compounds
Non-metal gaskets, seals and packings for use in fluid handling equipment
All aforementioned goods not comprising fuel tanks or gas tanks, and all aforementioned goods not for being used as parts of extrusion blow moulding machines.