The trademark NIKROTEK was filed by NIKROTEK MAKINA SANAYI VE TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on April 10, 2023, and received one opposition filed on May 3, 2023 by Kanthal AB on Likelihood of confusion. the opponent was represented by GROTH & CO. KB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003195561 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Publicity
Public relations
Organization of exhibitions and trade fairs for commercial or advertising purposes
Design of advertising materials
Provision of an online marketplace for buyers and sellers of goods and services
Office functions
Secretarial services
Arranging newspaper subscriptions for others
Compilation of statistics
Rental of office machines
Systemization of information into computer databases
Telephone answering for unavailable subscribers
Business management
Business administration
Business consultancy
Accounting
Commercial consultancy services
Personnel recruitment
Personnel placement
Employment agencies
Import and export agencies
Temporary personnel placement services
Auctioneering
Retail and wholesale services in relation to machines and parts of machines for metal castings, casting machines, continuous metal casting machines, rolling millsrolling mills for metalworking, meltshops
The bringing together, for the benefit of others of a variety of goods, namely non-precious metals, common metals and their alloys, ores, metal materials for building and construction, transportable buildings of metal, materials of metal for railway tracks, non-electric cables and wires of common metal, ironmongery, small items of metal hardware, pipes and tubes of metal, metal containers for storage or transport, safes
The bringing together, for the benefit of others of a variety of goods, namely hardware of metal namely, screws of metal, nails of metal, bolts of metal, nuts of metal, furniture casters of metal, hinges of metal, locks of metal for keys (other than electric), rings of common metal for keys, pulleys of metal
The bringing together, for the benefit of others of a variety of goods, namely metal pulleys, springs and valves [not including machine elements], barrel hoops of metal, fittings of metal for furniture, rings of metal, metal bells, metal handles, letters and numerals of common metal except type, anchors, fittings of metal for beds, fittings of metal for windows and doors namely, window and door handles, opening and closing mechanisms, window pulley and pins, metal ropes, metal pallets, loading pallets of metal, transport pallets of metal, storage pallets of metal, metallic moulds for metal casting, metal alloys for further manufacturing
The bringing together, for the benefit of others of a variety of goods, namely building and construction materials and elements of metal, reinforcement materials (metal -) for construction, platforms of metal, offshore drilling platforms [metal], metal containers for the storage and transportation of goods, metal tanks [containers], metal storage tanks, separation tanks of metal, liquefied gas storage tanks of metal, containers, and transportation and packaging articles, of metal, packaging, wrapping and bundling articles of metal, containers of metal for transport, cold frame boxes of metal, frames of metal for building, slings of metal for handling loads, refuse skips of metal, tilting metal doors, metal frameworks
The bringing together, for the benefit of others of a variety of goods, namely iron carbon alloys, steel, steel, unwrought or semi-wrought, cast steel, steel rods, stainless steels, alloyed steels, metal mouldings, aluminium moulds, foundry molds [moulds] of metal, chill-moulds [foundry], balls for bearings
The bringing together, for the benefit of others of a variety of goods, namely Machine tools, power-operated tools, machine couplings and transmission components except for land vehicles, agricultural implements other than hand operated hand tools, incubators for eggs, industrial robots, three dimensional (3D) printers, shaping and moulding machines, machines for shaping glass, machines for shaping wood, machines for shaping metal, pumps (machines), electric pumps, suction pumps, spraying machines, spray paint machines, spray guns [machines], pulping machines, lubrication machines, aerators [machines], compressors [machines], tillers [machines], coating machines, pneumatic pumps
The bringing together, for the benefit of others of a variety of goods, namely pneumatic compressors, orbital sanding machines, membrane filters for use as parts of machines, motors and engines, except for land vehicles, and parts and fittings therefor, electric motors, and parts and components therefor, electric motors for industrial machines, transmission components (except for land vehicles), machine tools, power-operated tools, industrial robots for processing and shaping wood, metals, glass, plastics and minerals, construction machines and robotic, mechanisms (machines) for use in construction, bulldozers, diggers (machines) excavators, road construction and road paving machines, concrete construction machines, drilling machines, rock drilling machines, road sweeping machines
The bringing together, for the benefit of others of a variety of goods, namely lifting, loading and transmission machines and robotic mechanisms (machines) for lifting, loading and transmission purposes namely elevators, escalators and cranes, lifting platforms, machines and robotic mechanisms (machines) for use in agriculture and animal breeding
The bringing together, for the benefit of others of a variety of goods, namely machines and robotic mechanisms (machines) for processing cereals, fruits, vegetables and food, hydraulic and pneumatic controls for engines and motors, brakes other than for vehicles, brake linings for engines, turbines not for land vehicles, filters for engines and motors, oil, air and fuel filters for land vehicle engines, exhausts for land vehicle engines, exhaust manifolds for land vehicle engines, crank shafts
The bringing together, for the benefit of others of a variety of goods, namely cylinders [machine parts], cylinders for engines, engine cylinders for land vehicles, engine cylinder heads for land vehicles, cylinders for machines, cylinder liners, cylinder head gaskets, cylinder blocks [parts of machines], pistons, pistons for engines, pistons for machines, piston rings, piston segments, pistons for land vehicle engines, carburetors for land vehicles, fuel conversion apparatus for land vehicle engines, injectors for land vehicle engines, fuel economizers for land vehicle engines, valves for land vehicle engines, dynamos for land vehicle engines, sparking plugs for land vehicle engines, machines for mounting and detaching tires
The bringing together, for the benefit of others of a variety of goods, namely alternators, current generators, electric generators, current generators operated with solar energy, painting machines, automatic spray guns for paint, electric, hydraulic and pneumatic punching machines and guns, electric adhesive tape dispensers (machines), electric guns for compressed gas or liquid spraying machines, electric handdrills, electric hand saws, jigsaw machines, compressed air machines, compressors (machines), vehicle washing installations
The bringing together, for the benefit of others of a variety of goods, namely electric and gas-operated welding apparatus, electric arc welding apparatus, electric soldering apparatus, electrodes for welding machines, electric arc cutting apparatus, printing machines, packaging machines, filling, plugging and sealing machines, labelers (machines), sorting machines, machines for textile processing, sewing machines, electric kitchen machines for chopping, grinding, crushing, mixing and mincing foodstuff, washing machines, laundry washing machines, dishwashers, spin driers (not heated), electric cleaning machines for cleaning floors, carpets or floorings, vacuum cleaners and parts thereof
The bringing together, for the benefit of others of a variety of goods, namely automatic vending machines, agricultural, earthmoving, construction, oil and gas extraction and mining equipment, machines for preparing and processing beverages, painting machines, automatic spray guns for paint, galvanizing and electroplating machines, electric door openers and closers, gaskets for engines and motors, drill stands for drilling machines
The bringing together, for the benefit of others of a variety of goods, namely drilling hammers, rods, supports, tools and parts therefor, power drills and bores, cutting, drilling, abrading, sharpening and surface treatment machines and apparatus, starter motors
The bringing together, for the benefit of others of a variety of goods, namely foundry machines, metalworking machines, metalworking machine tools, planing machines [for metalworking], cutting machines for metalworking, industrial robots for use in the mounting of workpieces to be worked on, bearings, bearings (parts of machines), roller bearings, ball bearings for machines, bearing housings, rolling mills, rolling mills for metalworking, rolling bearing cages
All the above services consisting in the bringing together of goods for the benefit of others, are intended to enable customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues.
The mark was filed in class 42 with following description of goods:
Science and technology services
Technological research
Engineering
Engineering design
Architectural design
Industrial design
Architectural and engineering services
Engineering design and consultancy
Civil engineering
Civil engineering consultancy
Development of construction projects
Industrial analysis services
Industrial research
Testing services for the certification of quality or standards
Quality control and authentication services
Computer services
Computer programming
Computer virus protection services
Computer system design
Creating and maintaining websites for others
Updating websites for others
Computer software design
Design, maintenance, rental and updating of computer software
Providing search engines for the internet
Hosting websites
Consultancy in the field of computer hardware
Rental of computer hardware
Industrial design services
Computer design
Graphic arts designing
Authenticating works of art
Computer and information technology consultancy services
Software design and development
Providing information, advice and consultancy services in the field of computer software