The trademark TROTEC was filed by TROTEC GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 25, 2023, and received one opposition filed on December 14, 2023 by Trodat GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by BINDER GRÖSSWANG RECHTSANWÄLTE GMBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2023
The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Materials of metal for building and construction
Structures and transportable buildings of metal
Non-electric cables and wires of common metal
Non-electric cables and wires of common metal
Metal hardware
Metal containers for the storage and transportation of goods
Vaults and safes
Electronic safes
Metal safes
Materials of metal for railway tracks
Ironmongery, small items of metal hardware
Goods of metal, namely building and construction materials and elements of metal, ropes of metal, hooks of metal, rings of metal, chains of metal, housing units of metal, frameworks of metal, containers of metal, structures of metal, posts of metal, poles of metal, frames of metal, fences of metal, components of metal, rods of metal, gates of metal, cages of metal, letter boxes of metal, rain barrels of metal, locks and keys of metal
Metal bins
Tool chests of metal [empty]
Ladders and scaffolding, of metal
Welding wire
Pipes, tubes and hoses, and fittings therefor, including valves, of metal
Parts and fittings for all the aforesaid goods, included in class 6..
The mark was filed in class 7 with following description of goods:
Machines and machine tools for treatment of materials and for manufacturing
Cutting, drilling, abrading, sharpening and surface treatment machines and apparatus
Polishing tools (Electric -)
Planing machines
Power drills and bores
Motorised and electric hand tools
Machine tools
Drilling machines
Construction machines
Motorised pruning saws and tree cutting machines
Gardening machines (Powered -), Especially mowers and Garden tractors for mowing lawns
Electric lawnmowers
Line trimmers for garden use
Bush cutters (machines)
Electric chaff-cutters
Gardening tools (Electric -)
Horticultural apparatus, other than hand-operated
Horticultural machines
Agricultural implements other than hand-operated
Motorised agricultural implements and machines
Excavators
Motorised tillage equipment
Motorised forestry implements and machines
Motorised mowing and reaping implements and mowing and reaping machines
Harvesting machines
Power saws
Saw chains
Scythes [machines]
Hedge trimmers [machines]
Lawn mowers
Aerators [machines]
Motorised spreading implements and spreading machines
Fittings for motorised spreading implements and spreading machines (included in class 7)
Snowblowers
Snowplows
Snow plough blades
Boring machines
Vehicle-mounted horticultural, agricultural and forestry tools
Vehicle-drawn horticultural, agricultural and forestry tools
Washing apparatus
Washing machines incorporating drying facilities
Compressors for clothes dryers
Spin driers [not heated]
Mangles (machines)
Rinsing machines
Electrical kitchen machines
Electric juicers
Electric mixers for household purposes
Vacuum cleaners
Robotic vacuum cleaners
Vacuum cleaner bags, filters, brushes and hoses
Electric suction apparatus for industrial purposes
Electrical household cleaning appliances
Electric brooms
Sweeping, cleaning, washing and laundering machines
Floor cleaning machines
Machines for cleaning carpets
Mechanical sprayers, rinsing devices and cleaning apparatus and installations consisting thereof, in particular high-pressure cleaning apparatus, steam cleaning, steam jet and particle beam apparatus, spray extraction apparatus, brushing machines, floor polishers and carpet cleaners
Cleaning machines for hard surfaces, cleaning machines for hard floors, cleaning machines for textile coverings, sweeping machines, apparatus for cleaning the interiors of containers, cleaning machines for glass surfaces, mechanical window cleaning apparatus, mechanically driven motor vehicle cleaning apparatus, cleaning machines for parts of metal, plastic and/or glass, degreasers (machines)
Compressors
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Incubators for eggs
Automatic vending machines
Glue guns, electric
Bonding machines
Machines, tools and apparatus for fastening and joining
Pumps [machines], In particular water pumps, Submersible pumps and Pumps for ponds
Fans for motors and engines
Fans being parts of machines
Valves (parts of machines)
Injectors (parts of machines)
Filter apparatus (machines)
Extension bars for power tools
Sewing machines
Knitting machines
Air hammers
Compressed air pumps
Air spray guns
Compressed air machines, Compressed air machines
Compressed air sprayers
Air drills
Screwdrivers, pneumatic
Portable air tools
Electric welding apparatus
Welding machines
Welding and soldering equipment
Generators
Power installations (generators)
Parts and accessories for the aforesaid goods, included in class 7
Kitchen tools [electric utensils]
Ironing machines..
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand-operated)
Saws [hand tools], In particular jig saws
Handsaw mountings
Saw blades
Hand tools and implements (hand-operated) for the treatment of materials and for construction, repair and maintenance work
Hand tools for cutting, drilling, grinding, sharpening and surface treatment, in particular drilling tools and drilling machines
Borers
Percussion drills and parts therefor
Cutting and grinding discs
Planes
Planing tools [hand-operated]
Fastening and joining tools
Hammers, mallets and sledgehammers
Agricultural, gardening and landscaping tools
Agricultural implements, hand-operated
Garden pruners [hand tools]
Hand-operated tiller
Scythes (Hand-operated -)
Border shears
Lawn clippers [hand instruments]
Hand-operated spraying apparatus (tools)
Flat irons
Glazing irons
Screwdrivers
Vices
Clamps for carpenters or coopers
Screw wrenches
Files [tools]
Bits [hand tools]
Sets of socket spanners
Socket spanners
Socket sets [hand-operated tools]
Axes
Hatchets
Knife handles
Knife sharpeners
Knives
Cutlery
Scissors, In particular pruning shears
Tile cutters
Lifting Tools
Shovels [hand tools], In particular snow shovels
Spades
Pliers
Extension bars for hand tools
Razors
Razors
Beard Shaping Tool
Beard clippers
Electric beard trimmers
Non-electric beard trimmers
Depilation appliances
Hair cutting apparatus
Trimmers (hand operated tools)
Parts and fittings for the aforesaid goods, included in class 8..
The mark was filed in class 9 with following description of goods:
Electric and electronic components
Chargers, In particular battery chargers
Battery chargers
Accumulators, electric
Batteries
Rechargeable batteries
Apparatus and instruments for accumulating and storing electricity
Cables and wires
Sheaths for electrical wires
Power cables
Electrical cables for use in connections
Electrical power extension cords
Compact discs
DVDs
Digital recording media
Data storage media
Sound recording carriers
Teaching and instructional apparatus
Instructional and teaching apparatus and instruments
Software, In particular application software and Educational software
Remote control telemetering apparatus
Mobile apps
Software in the form of applications (apps) for electronic devices and mobile telephones
Photographic, cinematographic, optical, weighing, measuring, signalling, checking, life-saving and teaching apparatus and instruments
Monitoring apparatus
Alarms
Alarm systems, electric alarm equipment
Interphone
Scales, In particular baby scales, Bubble levels and Kitchen weighing scales
Apparatus for broadcasting sound, data or images
Data processing apparatus
Computers
Readers (data processing equipment)
Monitors
Electric display apparatus
Electronic blackboards
Optical lens sights
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Mobile data communications apparatus
Electrical controls
Radio remote controls
Time switches, automatic
Electric irrigation control apparatus
Dosimeters
Parts and accessories for all the aforesaid goods, included in class 9..
The mark was filed in class 10 with following description of goods:
Hearing protection devices
Medical portable epilators
Electrical oral irrigators for use by dentists
Oral irrigators for use in dentistry
Electrical utensils for use by dentists in the care of the mouth..
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Hot air blowers
Ventilating fans
Gas, oil and electric heating apparatus
Stoves (heating apparatus), in particular ovens
Wood burning stoves
Fireplaces, domestic
Hearths
Hobs
Electric deep fryers
Frying machines
Bread-making machines
Bread baking machines
Microwave oven
Cooking appliances
Rice cookers
Cooking rings
Water heaters
Food steamers, electric
Refrigerating cabinets
Deep freezing apparatus
Chest freezers
Freezers
Combinations of refrigerators and freezers
Ice boxes
Wine refrigerators
Electric wine coolers
Ice machines and apparatus
Combined ice cube making and dispensing machines
Electric coffee brewers
Expresso coffee machines
Tumblers [heat dryers] for laundry use
Electrical hair driers
Electric fires
Heating plates
Heating elements
Radiator valves
Instantaneous water heaters
Water filters
Air filters
Filters for industrial and household use
Dehumidifying apparatus and parts therefor, included in class 11
Air humidifying installations
Hydrosuction machines
Building dryers consisting predominantly of compressors and condensing dryers
Mechanically driven air compressors for back ventilation of hollow spaces, in particular in the floors, walls or ceilings of buildings
Air filtering installations for purifying the ambient air in buildings
Air conditioning fans
Filters for drinking water
Water filtering apparatus
Water purifying apparatus and machines
Water softening apparatus and installations
Water sterilizers
Distillation apparatus
Water supply installations
Water intake apparatus
Refrigerating apparatus and air purifying apparatus and parts therefor, included in class 11, in particular filters for the aforesaid goods
Lamps and lights
Electric torches
Sanitary installations, water supply and sanitation equipment
Sanitary and bathroom installations and plumbing fixtures
Barbecues
Grills
Broiling pans
Roasting spits
Barbecue starters
Decorative fountains, sprinkler and irrigation systems
Parts and accessories for the aforesaid goods, included in class 11
Clothes dryers
Electric toasters..
The mark was filed in class 12 with following description of goods:
Vehicles, In particular tool trolleys
Sack trucks, Handling carts and Transport trailers
Security systems for vehicles [other than locks]
Parts and fittings for the aforesaid goods, included in class 12..
The mark was filed in class 20 with following description of goods:
Furniture, in particular garden furniture
Mirrors (silvered glass)
Picture frames
Containers, not of metal, for storage or transport
Tool cabinets (non-metallic -) [empty]
Tool chests [furniture]
Chests, not of metal
Workbenches
Ladders and movable steps, non-metallic
Ladders made of plastics
Step ladders made of wood
Parts and accessories of the aforesaid goods, included in class 20..
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils
Deep fryers, non-electric
Non electric juice extractors
Food steamers, non-electric
Coolers [non-electric containers]
Containers for household or kitchen use
Toothbrushes
Dental cleaning articles
Periodontal irrigators [electric] for personal use
Brushes and other articles for cleaning, brush-making materials
Broom handles
Hand-operated cleaning apparatus, in particular sweeping apparatus and non-electric polishing apparatus
Hand-operated sprayers
Sprinkling devices
Sprinklers
Nozzles for watering hose
Nozzles for hosepipes
Cleaning rags
Mops
Cooking utensils (non-electric)
Cooking utensils, non-electric
Gardening gloves
Parts and accessories for all the aforesaid goods, included in class 21..
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing, including via the internet in relation to common metals and their alloys, metal materials for building and construction, buildings and transportable buildings of metal, non-electric cables and wires of metal, non-electric cables and wires of common metal, small items of metal hardware
Wholesaling and retailing, including via the internet in relation to metal containers for the storage and transport of goods, safes, electronic safes, metal safes, railway material of metal, ironmongery, small items of metal hardware, goods of metal, namely building and construction materials and elements of metal, ropes of metal, hooks of metal, rings of metal
Wholesaling and retailing, including via the internet in relation to chains of metal, housing units of metal, frameworks of metal, containers of metal, structures of metal, posts of metal, poles of metal, frames of metal, fences of metal, components of metal, rods of metal, gates of metal, cages of metal, letter boxes of metal
Wholesaling and retailing, including via the internet in relation to rain barrels of metal, locks and keys of metal, chests, boxes of metal, empty tool chests of metal, ladders and scaffolding of metal, welding wire, tubes, pipes and hoses and accessories therefor, including valves of metal, parts and fittings for the aforesaid goods, machines and machine tools for treatment of materials and manufacture, cutting, drilling, grinding, sharpening and surface treatment machines and apparatus
Wholesaling and retailing, including via the internet in relation to electric polishing tools, planing machines, drilling machines and apparatus, electric and motorised tools, machine tools, borers for machine tools, construction equipment, motorised pruning saws and tree cutting machines, electric gardening machines, in particular lawnmowers and garden tractors for mowing lawns, mowing and reaping machines, electric lawn trimmers, edge trimmers for the garden, clearing saws (machines)
Wholesaling and retailing, including via the internet in relation to electric choppers, electric garden tools, horticultural apparatus, other than hand-operated, horticultural machines, agricultural implements, other than hand-operated, motorised agricultural apparatus and machines, tillage machines, motorised tillage equipment, motorised forestry apparatus and machines, motorised mowers and mowing and reaping machines, harvesting machines
Wholesaling and retailing, including via the internet in relation to motorised saws, chains for motorised saws, scythes (machines), border shears (machines), lawnmowers (machines), aerators (machines), motorised spreaders and spreading machines, accessories for motorised spreaders and spreading machines, snowblowers, snow ploughs, snow clearing machines, snow plough blades, broaching machines
Wholesaling and retailing, including via the internet in relation to vehicle-mounted horticultural, agricultural and forestry tools, vehicle-drawn horticultural, agricultural and forestry tools, electric cleaning apparatus for household purposes, washing machines, washer-dryers, washing and drying machines, compressors for laundry dryers, spin dryers, mangles, rinsing machines, electric kitchen machines, fruit presses, electric juice extractors
Wholesaling and retailing, including via the internet in relation to electric mixers for household purposes, vacuum cleaners, robotic vacuum cleaners, vacuum cleaner bags, filters, brushes and hoses, electric aspirators for industrial purposes, electric cleaning apparatus for household purposes, electric brooms, sweeping, cleaning and washing machines, floor cleaning machines, carpet cleaning machines
Wholesaling and retailing, including via the internet in relation to mechanical sprayers, rinsing devices and cleaning apparatus and installations consisting thereof, in particular high-pressure cleaning apparatus, steam cleaning, steam jet and particle beam apparatus, spray extraction apparatus, brushing machines, floor polishers and carpet cleaners, cleaning machines for hard surfaces, cleaning machines for hard floors
Wholesaling and retailing, including via the internet in relation to cleaning machines for textile coverings, sweeping machines, apparatus for cleaning the interiors of containers, cleaning machines for glass surfaces, mechanical window cleaning apparatus, mechanically driven motor vehicle cleaning apparatus, cleaning machines for parts of metal, plastic and/or glass, degreasers (machines)
Wholesaling and retailing, including via the internet in relation to compressors, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), incubators for eggs, automatic vending machines, electric glue guns, gluing machines, fastening and joining machines, equipment and apparatus
Wholesaling and retailing, including via the internet in relation to pumps, in particular water pumps, submersible pumps and pond pumps, fans for motors and engines, fans (parts of machines), valves (parts of machines), injectors (parts of machines), filtering apparatus (machines), extension handles for electric tools, sewing machines, knitting machines, compressed air hammers, compressed air pumps, compressed air pistols, compressed air apparatus
Wholesaling and retailing, including via the internet in relation to compressed air machines, compressed air sprayers, compressed air drilling machines, compressed air screwdrivers, portable compressed air tools, electric welding apparatus, welding machines, welding and soldering tools and apparatus, generators, power installations (generators), parts and fittings for the aforesaid goods, kitchen tools (electric utensils)
Wholesaling and retailing, including via the internet in relation to ironing machines, hand tools and implements (hand-operated), hand-operated saws, in particular jig saws, saw horses for handsaws, saw blades, hand tools and implements (hand-operated) for treatment of materials and for construction, repair and maintenance, hand tools for cutting, drilling, grinding, sharpening and surface treatment, in particular drilling tools and drilling machines, borers, percussion drills and parts therefor, cutting discs and sharpening wheels, planes, hand-operated planing tools
Wholesaling and retailing, including via the internet in relation to fastening and joining tools, hammers, mallets and sledgehammers, agricultural, horticultural and landscaping tools, hand-operated agricultural implements, hand-operated garden tools, hand-operated aerators, hand-operated scythes, border shears, lawn clippers (hand instruments), hand-operated sprayers (tools), flat irons, glazing irons, screwdrivers, vises, clamps for carpenters or coopers, wrenches, files (tools), graving tools (hand tools)
Wholesaling and retailing, including via the internet in relation to socket spanner sets, socket spanners, socket spanner inserts (hand tools), axes, hatchets, knife handles, knife sharpeners, knives, cutlery, shears, in particular pruning shears, tile cutters, lifting tools, shovels, in particular snow shovels, spades, pliers, extension handles for hand tools, razor blades, razors
Wholesaling and retailing, including via the internet in relation to beard shaping tools, beard clippers, electric beard trimmers, non-electric beard trimmers, depilation appliances, hair cutters, trimmers (hand-operated tools), parts and fittings for the aforesaid goods, electric and electronic components, chargers, in particular chargers for batteries, battery chargers, electric accumulators, batteries, rechargeable batteries, apparatus and instruments for accumulating and storing electricity
Wholesaling and retailing, including via the internet in relation to cables and wires, protective sheaths for electric wires, power cables, electric connecting cables, extension cables, compact discs, DVDs, digital recording media, data media for recording data, sound recording carriers, instructional and teaching apparatus and instruments, instructional and teaching equipment and instruments, software, in particular application software and educational software
Wholesaling and retailing, including via the internet in relation to remote-controlled telemetry devices, mobile apps, software in the form of application programs (apps) for electronic devices and mobile telephones, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, monitoring apparatus, alarms, alarm systems, electric alarm equipment, intercom systems
Wholesaling and retailing, including via the internet in relation to scales, in particular baby scales, spirit levels and kitchen scales, apparatus for transmitting sound, data or images, data processing apparatus, computers, readers (data processing equipment), monitors, electric display devices, electronic boards, optical sights
Wholesaling and retailing, including via the internet in relation to apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, mobile data communications apparatus, electric controllers, remote controls, time switches, electric irrigation controllers, dosage dispensers, parts and fittings for all of the aforesaid goods
Wholesaling and retailing, including via the internet in relation to hearing protectors, portable medical epilators, electric dental oral irrigators (for medical purposes), oral irrigators for use in dentistry for dental purposes, electric oral hygiene appliances for use by dentists (for medical purposes)
Wholesaling and retailing, including via the internet in relation to apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, hot-air guns, fans, gas, oil and electric heating apparatus, stoves (heating apparatus), in particular bakers' ovens, wood burning stoves, chimneys, hearths, cooker hobs, electric deep fryers
Wholesaling and retailing, including via the internet in relation to tools for frying machines, bread-making machines, bread baking machines, microwave ovens (cooking apparatus), cooking utensils, rice cookers, cooking rings, kettles, electric food steamers, refrigerating cabinets, freezers, freezing installations, combined fridge-freezers, electric coolers, wine refrigerators, electric wine coolers, ice cube machines and apparatus, combined ice cube making and dispensing machines
Wholesaling and retailing, including via the internet in relation to coffee machines, espresso machines, spin dryers (warm air dryers), electric hair dryers, radiators, heating plates, heating elements, radiator valves, instantaneous water heaters, water filters, air filters, filters for industrial and household purposes, dehumidifying apparatus and parts therefor, air humidifying apparatus, water extractors
Wholesaling and retailing, including via the internet in relation to building dryers consisting predominantly of compressors and condensing dryers, mechanically driven air compressors for back ventilation of hollow spaces, in particular in the floors, walls or ceilings of buildings, air filtering installations for purifying the ambient air in buildings, air-conditioning apparatus, filters for drinking water, water filtering apparatus, water purifying apparatus and machines
Wholesaling and retailing, including via the internet in relation to water softening apparatus and installations, water sterilisers, distillation apparatus, water supply installations, water intake apparatus, refrigerating apparatus, air purifying apparatus and parts therefor, in particular filters for the aforesaid goods, lamps and lights, torches, sanitary installations and equipment
Wholesaling and retailing, including via the internet in relation to water supply installations, sanitary and bathroom installations and sanitary fittings, grills, griddles, broiling pans, roasting spits, barbecue starters, ornamental fountains, sprinkler and irrigation systems, parts and fittings for the aforesaid goods, laundry dryers, electric toasters
Wholesaling and retailing, including via the internet in relation to vehicles, in particular tool trolleys, luggage trucks, handling carts and transport trailers, alarm systems for vehicles, parts and fittings for the aforesaid goods, furniture, in particular garden furniture, mirrors, picture frames, containers, not of metal, for storage or transport, empty tool cabinets, tool cabinets (furniture), tool chests (furniture)
Wholesaling and retailing, including via the internet in relation to boxes, chests of metal, work benches, ladders and mobile steps, not of metal, ladders of plastic, ladders of wood, parts and fittings for the aforesaid goods, household or kitchen utensils, non-electric deep fryers, non-electric juice extractors, non-electric food steamers, non-electric cool boxes
Wholesaling and retailing, including via the internet in relation to household or kitchen containers, toothbrushes, dental cleaning articles, electric oral irrigators for personal use, brushes, brooms and other cleaning instruments and articles for cleaning purposes, brush-making materials, broom handles, hand-operated cleaning apparatus, in particular sweeping apparatus and non-electric polishing apparatus
Wholesaling and retailing, including via the internet in relation to hand-operated sprayers, sprinkling devices, sprinklers, nozzles for watering hose, nozzles for hosepipes, cloths for cleaning, glass cloths, wiping cloths, mops, non-electric cooking apparatus, cooking utensils, gardening gloves, parts and fittings for the aforesaid goods
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services