The trademark ELMARK was filed by EL-MARK spółka z ograniczoną odpowiedzialnością spółka komandytowa, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 23, 2023, and received one opposition filed on November 9, 2023 by Elmark Automatyka S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Tomaszewski, Bartłomiej Henryk and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 37 with following description of goods:
Asphalting
Electric appliance installation and repair
Installation of electrical wiring
Renovation of electrical wiring
Maintenance and repair of gas and electricity installations
Installation of electric heat tracing
Infrastructure construction
Power infrastructure construction
Construction of power plants
Construction of foundations for buildings
Communications infrastructure construction
Interference suppression in electrical apparatus
Maintenance and repair of electronic installations
Construction consultancy
On-site construction supervision of civil engineering works
Consultation in building construction supervision
Construction of transmission lines
Installation of transmission lines
Repair of power lines
Dismantling of power lines
Laying of cable
Laying and burial of cable
Laying of land cables
Laying of sea cables
Recharging of batteries
Recharging of batteries and accumulators
Services of electricians
Rental of excavators
Scaffolding rental
Rental of mini-excavators
Rental of concrete-mixing apparatus
Installing of electronic communications networks
Construction
Electric appliance installation
Building construction supervision services for building projects
Building construction supervision
Road paving
Vehicle battery charging
Building construction advisory services
Hire of earth moving machines
Rental of earth moving equipment and excavators
Rental of construction equipment
Rental of bulldozers
Rental of construction and building equipment.
The mark was filed in class 38 with following description of goods:
Peer to peer communication
Computer intercommunication
Wireless communications services
Internet communication
Electronic communications consultancy
Information relating to communications
Electronic network communications
Communications by fibre optic networks
Simulcasting broadcast television over global communication networks, the Internet and wireless networks
Communications via multinational telecommunication networks.