The trademark SMART FOX was filed by Groupe R&D, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 14, 2023, and received one opposition filed on May 14, 2023 by SOLEDOS GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GRAU RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003195841 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on February 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand-operated)
Hand tools and implements (hand-operated) for the installation of telecommunications networks
Tool belts [holders]
Scissors
Spanners [hand tools]
Awls
Nut wrenches
Screw wrenches
Hex keys
Box-end wrenches
Combination wrenches
Flexible head spanners
Pliers
Wire strippers [hand tools]
Cutting pliers [linemans' pliers]
Knives
Box cutters
Irons [non-electric hand tools]
Tube cutting instruments
Files [tools]
Hammers [hand tools]
Hand drills, hand-operated
Perforating tools [hand tools]
Guns [hand tools]
Saws [hand tools]
Screwdrivers, non-electric.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling, in relation to the following goods: Equipment of metal for laying, connecting and linking up telecommunications networks, Stop collars of metal, Cables of metal, non-electric, Wire of common metal, Pins of metal (pegs), Metal partitions, Boxes of metal, Safety deposit boxes
Retailing and wholesaling, in relation to the following goods: Machine tools, Fibre cleavers, splicing machines and apparatus, Soldering apparatus, electric, Welding apparatus, electric, Electrodes for welding machines, Brushes, electrically operated (parts of machines), Blades (parts of machines), Soldering irons, electric, Welding machines, electric, Electric cleaning machines and apparatus, Electric hammers
Retailing and wholesaling, in relation to the following goods: Hand-operated hand tools and implements, Hand tools and implements, hand-operated, for installing telecommunications networks, tool belts, Scissors, Wrenches (tools), Awls
Retailing and wholesaling, in relation to the following goods: Wheel wrenches, Fork wrenches, hexagon keys, Ring spanners, Screw wrenches, flexible head spanners, pegs, Wire strippers (hand tools), Cutting pliers (combination pliers), knifes, Box cutters
Retailing and wholesaling, in relation to the following goods: Irons (non-electric hand tools), Tube cutting instruments, Files [tools], Hammers (hand tools), Hand drills, hand-operated, Perforating tools (hand tools), Guns (hand tools), Saws (hand tools), Screwdrivers, non-electric
Retailing and wholesaling, in relation to the following goods: Cleaning products, Clothes and wipes impregnated with cleaning preparations, Cloths for cleaning, Fibre optic cleaning materials and containers for the aforesaid goods, namely Fibre optic cleaning cloths, fibre optic cleaning sticks and swabs, containers for dispensing fibre optic cleaning cloths, containers for dispensing fibre optic cleaning liquids.