The trademark application LANDMASCHINEN DIREKT . at was filed by XERRA GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018833557 was Rejected according to Article 7(1)(b) EUTMR with decision issued on May 31, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Amphibious bulldozers
Tractor-towed reapers
Attachments for excavators
Attachments for bulldozers
Excavators
Construction vehicles, other than for transportation purposes
Construction machines
Mineworking machines
Ground surface finishing and compacting machines
Earth moving machines
Ground drilling apparatus [machines]
Ground boring machines
Soil screening machines
Bulldozers
Mowing machines [electric]
Soil spreading apparatus [machines]
Soil moving apparatus [machines]
Soil screening apparatus [machines]
Earth skimming machines
Trenching machines
Mini excavators
Soil grading machines
Agricultural, gardening and forestry machines and apparatus
Mowing machines [petrol]
Mowing buckets [machines or parts of machines]
Machines for excavating earth
Loaders [machines]
Hydraulic excavators
Hydraulic motors for excavators
Foundation work machines
Levellers [machines]
Rams [machines]
Diggers [machines]
Pneumatic shears
Shovels, mechanical
Soil spreading machines
Front loaders for tractors
Buckets for earth moving machines
Loaders [earth moving machines]
Mechanical shovels [machines]
Rammers [machines]
Stone cutting machines
Self-propelled road surface dressing vehicles
Coal-cutting machines
Densifiers
Trimmer heads for mowing machines
Crushing machines
Backhoes
Sifting machines
Pile-extractors
Motor graders [machines]
Articulated loaders
Woodworking machines
Industrial hammers [machines]
Hammers [parts of machines]
Hammering machines
Pneumatic tools [machines]
Air-powered tools
Hand held cordless power tools
Cutting, drilling, abrading, sharpening and surface treatment machines and apparatus
Intertillage machines
Drive pulleys
Impellers
Broadcast seeders
Grain separators
Crop lifters [machines]
Rechargeable hedge cutters
Tillers [agricultural implements]
Spraying booms for attachment to vehicles for the purpose of spraying crops
Drive pulleys for power transmission belts of agricultural machines
Agricultural implements being trailer mounted
Soil engaging parts for agricultural implements
Tree branch pruners (Electric -)
Lopping shears [machines]
Bailing machines
Tilling machines for agricultural purposes
Lawn and garden tilling machines
Threshers [agricultural implements]
Fertiliser spreaders [machines]
Harrows
Gardening machines (Powered -)
Grain mixers [machines]
Reapers
Horticultural implements [machines]
Horticultural machines
Garden tractors for mowing lawns
Tedding machines
Agricultural machines for fertilising
Agricultural implements other than hand operated hand tools
Agricultural machines for cultivating
Agricultural machines for ground cultivation
Agricultural machines for grass cutting
Agricultural machines for sowing
Agricultural machines
Agricultural machines for ploughing
Agricultural seed planting machine
Agricultural machine tools
Ploughs
Sprayers [machines] for use in agriculture
Sprayers [machines] for use in horticulture.
The mark was filed in class 8 with following description of goods:
Agricultural implements, hand-operated
Garden tools, hand-operated
Hand-operated tools for forestry
Agricultural hand tools
Hand-operated tools for repair of vehicles.
The mark was filed in class 12 with following description of goods:
Tractor trailers
Trailers for motor land vehicles
Equipment trailers
Industrial vehicles
Tracked vehicles
Tractors
Tractor drawn land vehicles
Towing tractors, and structural parts therefor
Horticultural tractors
Tractors for agricultural purposes
Dump trucks
Trolleys [mobile carts]
Vehicles for use on land
Loaders [fork-lift trucks]
Garden tractors for transport
Parts and fittings for land vehicles
Powertrains, including engines and motors, for land vehicles
Drive units for land vehicles
Driving motors for land vehicles
Motor drive units for land vehicles
Diesel engines for land vehicles.
The mark was filed in class 35 with following description of goods:
Retail services in relation to vehicles
Retail services in relation to earthmoving equipment
Retail services in relation to agricultural equipment
Retail services in relation to construction equipment
Retail services in relation to hand-operated tools for construction
Retail services in relation to hand-operated implements for construction
Retail services in relation to horticulture equipment
Retail services in relation to gardening products
Retail services relating to horticultural equipment
Wholesale services in relation to vehicles
Wholesale services in relation to earthmoving equipment
Wholesale services in relation to agricultural equipment
Wholesale services in relation to horticulture equipment
Wholesale services in relation to horticulture products
Wholesale services in relation to hand-operated tools for construction
Wholesale services in relation to hand-operated implements for construction.
The mark was filed in class 37 with following description of goods:
Rental of construction equipment
Hire of earth moving machines
Rental of machines, tools and apparatus for building construction
Services for the hire of tools
Rental of hand and power tools
Information concerning rental of equipment for constructions and buildings
Providing information relating to the rental of construction machines and apparatus
Advisory services relating to vehicle maintenance
Automobile repair and maintenance
Overhaul of vehicles
Motor vehicle maintenance
Repair or maintenance of snow plows
Motor land vehicle cleaning services
Repair and maintenance of motor vehicles and parts thereof and of engines for motor vehicles and parts thereof
Maintenance, servicing and repair of vehicles
Repair services for fork lift trucks
Repair of trailers
Maintenance of parts and fittings for commercial motor land vehicles.