The trademark DURiTALY was filed by Carlo Agostino Micolucci, a national of the Italian Republic (the "Applicant") and Micolucci Network di Carlo Micolucci, a corporation established under the laws of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 11, 2023, and received one opposition filed on July 10, 2023 by Dürr Aktiengesellschaft on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Kreiser, André M. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 10, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
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
Moving and handling equipment
Jaws of life [powered rescue shears]
Current generators
Sweeping, cleaning, washing and laundering machines
Machines and machine tools for treatment of materials and for manufacturing
Emergency and rescue machines and machine tools
Dispensing machines
Pumps, compressors and blowers
Industrial robots.
The mark was filed in class 8 with following description of goods:
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Edged and blunt weapons
Cutlery, kitchen knives, and cutting implements for kitchen use
Lifting tools
Hand-operated hygienic and beauty implements for humans and animals
Emergency and rescue hand tools.
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Downloadable and recorded content
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Safety, security, protection and signalling devices
Optical devices, enhancers and correctors
Scientific and laboratory devices for treatment using electricity
Diving equipment
Magnets, magnetizers and demagnetizers
Scientific research and laboratory apparatus, educational apparatus and simulators
Information technology and audio-visual, multimedia and photographic devices.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Decoration and art materials and media
Filtering materials of paper
Works of art and figurines of paper and cardboard, and architects' models
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Printed matter, and stationery and educational supplies.
The mark was filed in class 20 with following description of goods:
Animal housing and beds
Containers, and closures and holders therefor, non-metallic
Ladders and movable steps, non-metallic
Displays, stands and signage, non-metallic
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class.