The trademark EMJ was filed by Earle M. Jorgensen Company, a U.S. corporation (the "Applicant"). The application was published for oppositions on March 14, 1999, and received one opposition filed on May 5, 1999 by MJ-Gerüst GmbH on (a) Likelihood of confusion, (b) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by CÖSTER & PARTNER RECHTSANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 5, 1999
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Two renewals of the trademark were recorded, one on May 21, 2006, and the other one on April 26, 2016.
Relative errors of the trademark registration was recorded on June 27, 2007. A transfer of the trademark registration was recorded on July 15, 2007. Change of name and professional address of the trademark registration was recorded on September 28, 2010. Appointment and Replacement of representative of the trademark registration was recorded on March 29, 2016. Declaration under Art.28(8) EUTMR of the trademark registration was recorded on January 28, 2018.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials excluding scaffolding and other scaffolding related frameworks and scaffolding related fittings
Ironmongery, small items of metal hardware
Pipes and tubes of metal
Safes
Goods of common metal not included in other classes, excluding goods specifically manufactured for use in scaffolding, excluding other scaffolding related frameworks and excluding scaffolding related fittings
Ores
Metals namely steel, aluminium, brass, titanium, alloys, iron, and stainless steel, all in bar, beam, channel, plate, sheet, flat, tubing and pipe, coil, tee, round, rectangle, square, hexagon, angle, flange, strip, and expanded metal and grating forms, all aforesaid goods excluding metallic parts specifically manufactured for use in scaffolding and in other scaffolding related frameworks.
The mark was filed in class 40 with following description of goods:
Treatment of materials, metal treatment services, namely, saw cutting, sheet and plate shearing, flame cutting, plasma cutting and grinding, leveling, blanking, blanchard grinding, high speed production cutting, honing, skiving, precision lathe cutting, precision straightening, end finishing, roller burnishing, trepanning, boring, heat treating, annealing, galvanizing, shot blasting, and line marking
Custom assembling of materials for others
Material treatment information.
The mark was filed in class 42 with Scientific and industrial research and metals testing including non-destructive testing, and consulting in the field of metallurgy..