The trademark 3A ADVANCED AUTOMATION & AUTONOMY was filed by AMAZONEN-WERKE H. Dreyer SE & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and CLAAS KGaA mbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 7, 2023, and received one opposition filed on February 6, 2024 by Garmin Switzerland GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ECWH IP Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2024
The application was filed in Dutch, and Dutch 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:
Self-propelled, towed, trailed, mounted, built-on or semi-mounted agricultural machinery
Self-propelled, towed, trailed, mounted, built-on or semi-mounted agricultural machinery and mechanical agricultural implements for spreading material or for fertilising or for crop protection or for working the soil or for mowing or for scarifying or for cultivating or for sowing or for sweeping or for collecting
Agricultural machinery and mechanical agricultural implements, non-powered, powered, whether or not self-propelled, namely, for working the soil, ploughs, share ploughs, disc ploughs, bed ploughs, reversible ploughs, reciprocating ploughs, ploughshares, harrows, tine harrows, disc harrows, roundabout harrows, roundabout cultivators, weed harrows
Agricultural machinery and mechanical agricultural implements, non-powered, powered, whether or not self-propelled cultivators, cultivators, hoes, tillers, tines, rollers (tractor-drawn agricultural implements), packers (tractor-drawn or pushed agricultural implements), subsoilers, seedbed preparation implements, haulm toppers
Spraying, spraying and dusting machines
Field sprayers
As well as parts of the aforementioned goods
Machines and mechanical devices in the field of municipal technology
Lawn mowers
Mower blades
Street cleaning machines
Machines and devices for winter service
Machines and devices for spreading materials on roads and paths
Street sweeping vehicles [machines]
Vehicle-mounted street sweeping devices
Machines and mechanical devices for landscaping and gardening as well as parts of these goods
Parts of all the aforesaid articles and combinations of the aforesaid machines and appliances, in particular parts of machines for coupling to tractors
Robots (machines and mechanical appliances) for agricultural, municipal or landscaping use and parts of the aforesaid articles
Robotic vehicles (machines) for agricultural or municipal machinery and mechanical appliances or for landscaping and gardening machinery and mechanical appliances, grass or turf seeding machines, hard surface maintenance equipment and parts of the aforesaid articles..
The mark was filed in class 9 with following description of goods:
Weighing apparatus and Weighing instruments, Measuring devices and Measuring instruments, Signalling apparatus and surveillance instruments and Checking (supervision) apparatus and Checking instruments
Electrical and electronic apparatus and instruments for regulating, controlling, weighing and/or dosing and electronic apparatus composed of the aforesaid goods and On-board computers
Software
Computer software, In the form of applications [apps] for smartphones
Software for the following fields: Agricultural management
Sensors and detectors
Cameras [photography]
All the aforesaid goods and parts therefor, included in class 9 and any of the aforesaid goods, for use in relation to the following goods: Agricultural machines, Agricultural apparatus, community machines and apparatus and Machines for agricultural implements, Horticultural machines, Apparatus for agriculture and horticulture.
The mark was filed in class 12 with following description of goods:
Tractors
Automatically controlled [driverless] material handling tractors
Parts and components of self-propelled tractors
Robotic tractors
Self-propelled vehicles in agriculture, aquaculture, horticulture and forestry..
The mark was filed in class 42 with following description of goods:
Technological and scientific services and research in the field of agricultural and municipal machinery and equipment as well as landscaping and horticultural machinery and equipment
Agricultural and municipal research services
Engineering services in the field of agriculture, municipal machinery and equipment as well as landscaping and horticulture
Preparation of technical analyses in the field of agriculture, municipal machinery and equipment as well as landscaping and horticulture
Technical and scientific consultancy in connection with the distribution of liquid, granular and powdered materials on agricultural land or on roads and paths
Compilation of data processing programmes for agricultural and municipal machinery and equipment and for landscaping and horticultural machinery and equipment
Technical consultancy in the field of agricultural and municipal machinery and equipment and in the field of landscaping and horticultural machinery and equipment and associated software
Compilation of technical analyses in the field of agriculture, municipal machinery and equipment and in the field of landscaping and horticultural machinery and equipment and associated software
Compilation of data processing programmes for agricultural and municipal machinery and equipment and for landscaping and horticultural machinery and equipment and related software
Maintenance of databases in the field of agricultural and municipal machinery and equipment, as well as in the field of machinery and equipment for landscaping and horticulture..