The trademark QUALYX was filed by BERNARD INNOVATION BELGIQUE EN ABREGE BE IN BELGIQUE, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on January 11, 2024, and received one opposition filed on April 7, 2024 by CENTRAL ALMACENES SANEAMIENTO S.L on Likelihood of confusion. the opponent was represented by GION DOCUMENTACION EMPRESARIAL, S.L and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 7, 2024
The application was filed in French, and French 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
Ores of metal
Metal materials for construction
Buildings of metal
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Metal containers for storage or transport
Safes
Chests of metal
Tool containers of metal and tool boxes made of metal
Ducts of metal, for central heating installations, Ducts of metal for ventilation installations and Metal air conditioning ducts
Valves of metal, other than parts of machines
Screws of metal, Nuts of metal and Rivets of metal
Tubes of metal
Junctions of metal for pipes
Cable joints of metal, non-electric
Collars of metal for fastening pipes
Parts of metal fittings (other than parts of machines)
Pipe muffs of metal
Elbows of metal for pipes
Valves of metal, other than parts of machines
Plugs of metal
Metallic drain traps
Water-pipe valves of metal
Drain traps [valves] of metal
Rods of metal for welding
Cable clamps of metal
Wedges of wood
Anvils
Shims
Welding wire
Panel beaters' blocks and Panel-beaters' workbenches.
The mark was filed in class 7 with following description of goods:
Construction equipment, Machine tools and mechanical tools
Hand-held tools, other than hand-operated
Hand-held tools, other than hand-operated, for use in the following fields: Pipeline construction, Heating, Air conditioning, Refrigeration, Electricity, wood, Tiling and chimney sweeping
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand-operated hand tools
Incubators for eggs
Electrically, pneumatically or hydraulically operated instruments, tools and apparatus
Electronic tools
Portable electric tools
Sharpening machines
Hydraulic jacks, Hydraulic cranes, Hydraulic presses and Work cylinders
Electric hammers
Chopping machines
Cutting machines
Pumps [machines]
Pumps [machines], for use in the following fields: Sludge removal
Pumps [machines], for use in the following fields: Descaling
Pneumatic or hydraulic guns for inserting nuts or staples
Drills
Riveting machines
Saws [machines]
Rotary saws and Jig saws
Presses [machines for industrial purposes]
Strainers [electric], for use in the following fields: Masonry
Autonomous and mobile compressed-air machines for supplying power to pneumatic tools and tool devices
Abrasive discs, For use with the following goods: Powered grinding and sanding machines
Spindles for machine tools
Torque limiters, namely: Safety couplings for machines
Soldering irons, electric, Welding apparatus (electric), Bases for electric soldering irons
Distribution machines, automatic
Electrical and electronic torque wrenches, namely: Electronically and power operated tools
Electric welding gun, Soldering irons, electric
Soldering stations.
The mark was filed in class 8 with following description of goods:
Hand tools and implements [hand-operated]
Hand tools and implements [hand-operated], for use in the following fields: Plumbing, Heating, Air-conditioning, refrigeration, Electricity, Wood, Tiling and chimney sweeping
Chimney sweeping implements
Handles for hand-operated hand tools
Side arms, other than firearms
Razors
Drill-sharpening apparatus
Hand tools, namely: Hand-operated staple guns
Hub pullers
Diggers [hand tools]
Hand tools, for use in the following fields: Masonry and Painting
Hickory mallets
Tweezers
Nut splitters
Scissors and shears
Spanners [hand tools]
Wrench or Adjustable spanners
Pipe wrenches
Ratchet handles
Socket wrenches
Hand-operated cutting tools
Hand tools, hand operated, namely: Bolt-cutters, Cable cutters, Pipe cutters, Wire-mesh cutters
Cutlery
Knives
Painters knives
Panel beaters' spoons
Grinding dressers
Tire irons
Lug wrenches
Extension magnets
Masons' squares
Screw extractors [hand operated tools]
Bevel squares
Jointing tools
Plane irons
Gimlets [hand tools]
Gouges [hand tools]
Window scrapers
Scrapers
Claw
Axes
Knife blades
Blades for hand saws
Files [tools]
Striking tools and Striking tools
Graving tools [hand tools]
Mortise chisels
Sledgehammers
Hammers [hand tools]
Sledgehammers
Club hammers
Axes
Hatchets
Pin punches
Nail punches
Axle punches
Bits [parts of hand tools]
Handsaw holders
Torque multipliers
Plastering trowels
Sharpening presses
Hand-operated drill holders
Ratchet tools
Hand-operated presses
Planes
Saws
Clamps for carpenters or coopers
Floats
Manual strainers, for use in the following fields: Masonry
Pliers
Trowels
Bit braces
Woodworking gimlets
Lifting jacks, hand-operated
Crowbars
Vices
Candles, namely: Manual jacks for vehicles
Abrading instruments [hand instruments]
Cutting and grinding discs, namely: Hand tools, hand operated
Abrasive discs [parts for hand operated tools]
Chalk line reels [hand tools].
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments, Research apparatus and instruments, Navigation apparatus and instruments, Surveying apparatus and instruments, Photographic apparatus and instruments, Cinematographic apparatus and instruments, Audiovisual apparatus and instruments, Optical apparatus and instruments, Weighing apparatus and instruments, Measuring apparatus and instruments, Signalling apparatus and instruments, Detecting apparatus and instruments, Testing apparatus and instruments, Inspecting apparatus and instruments, Life-saving apparatus and instruments, Checking (supervision) apparatus and instruments, Security apparatus and instruments, Monitoring apparatus and instruments and Instructional and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Electric testers
Current clamps
Multimeters
Electric cords
Transformers [electricity]
Battery chargers
Starter chargers
Electrical circuit testers
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media
Blank digital or analogue recording and storage media
Recording substrates [magnetic]
Phonograph records
Coin-operated mechanisms
Cash registers
Integrated circuit cards [smart cards]
Calculating devices
Calculating machines and data processing equipment, in particular checking and calibrating apparatus for dynamometric clamping tools and dynamometric, mechanical, electromechanical and electronic wrenches and screwdrivers
Mobile applications for use on telephones, smartphones, tablet computers and computers, for the use of dynamometric wrenches to check tightening, namely: downloadable mobile applications
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for the use of dynamometric wrenches
Computer software and software packages, in particular for tools and tool control
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for tools and tool control
Calipers, Decelographs namely Apparatus for measuring and metering
Mechanical reels, For use with the following goods: Cables, electric
Thickness gauges
Metric measuring apparatus
Spirit levels
Slide calipers
Micrometers
Marking gauges [joinery]
Diagnostic apparatus, not for medical purposes
Sensors
Fire extinguishers
Protection devices for personal use against accidents
Clothing and footwear for protection against accidents, radiation and fire, clothing and shoes for protection against accidents, irradiation and fire
Headgear being protective helmets
Safety harnesses, safety streamer and Safety vests
Diving suits, Gloves for divers and Divers' masks
Eyewear
Covers for glasses.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Semi-worked plastic substances and Resins in extruded form
Packing, stopping and insulating materials
Flexible hoses, not of metal.
The mark was filed in class 19 with following description of goods:
Building materials, not of metal
Rigid pipes, not of metal, for building
Asphalt, pitch, tar and bitumen
Buildings, not of metal
Non-metallic transportable structures
Monuments, not of metal.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Commercial administration of the licensing of the goods and services of others
Office functions
Direct mail advertising
Dissemination of advertising matter
Online advertising on a computer network
Advertising by mail order
Business management and organization consultancy
Business management assistance
Commercial business estimates
Business information
Computerisedfile management
Systemization of information into computer databases
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Bill-posting
Import-export agencies
Cost-price analysis
Price comparison services
Procurement for others (purchase of goods and services for other businesses)
Sales promotion for others
Marketing studies
Market research
Commercial information and advice for consumers [consumer advice shop]
Demonstration of goods
Presentation of goods on communication media, for retail purposes
Bringing together, for others, Except for transport, in relation to the following goods: Tools and implements, Enabling customers to conveniently view and purchase those goods
Providing of for the benefit of others, Except for transport, in relation to the following goods: Tools and implements, Enabling customers to view and purchase those goods Order and purchase those goods in retail or wholesale outlets, In a general mail order goods catalogue, on a website, on television or via electronic telecommunications media of any other kinds
Retail and wholesale services in relation to the following goods: Tools and implements.