The trademark TOPAZ was filed by TOPAZ, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 5, 2010, and received one opposition filed on December 2, 2010 by Circle K Ireland Energy Group Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by FRKelly and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2010
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on June 18, 2020.
Appointment and Replacement of representative of the trademark registration was recorded on April 4, 2011. Change of name and professional address of the trademark registration was recorded on January 26, 2014. Change of name and professional address of the trademark registration was recorded on July 5, 2015. Appointment and Replacement of representative of the trademark registration was recorded on March 2, 2017. Change of name and professional address of the trademark registration was recorded on June 25, 2017. Appointment and Replacement of representative of the trademark registration was recorded on January 25, 2021. A transfer of the trademark registration was recorded on July 28, 2021.
The Opposition with reference B 001765836 was partially refused EUTMA/IR according to Article 8(1)(a) CTMR with decision issued on April 22, 2012 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machines and machine tools
Motors and engines (except for land vehicles) and parts therefor
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand-operated
Parts, constituents, equipment and fittings for machines for public works, handling apparatus and agricultural implements, except hand-operated, not included in other classes.
The mark was filed in class 9 with following description of goods:
Batteries for lighting for machines for public works, handling apparatus and agricultural machines
Electric batteries, cables, plugs and connections therefor for machines for public works, handling apparatus and agricultural machines
Battery charging apparatus for machines for public works, handling apparatus and agricultural machines.
The mark was filed in class 11 with Headlights, lights and traffic lights for machines for public works, handling apparatus, agricultural implements, except hand-operated, and apparatus for locomotion by land for use in public works, handling and agriculture.
The mark was filed in class 35 with Wholesale and retail sale of parts and fittings, equipment and fittings for machines for public works, handling apparatus and agricultural implements, except hand-operated, and apparatus for locomotion by land for use in public works, handling and agriculture.
The mark was filed in class 39 with Packaging and warehousing of parts, constituents, equipment and fittings for machines for public works, handling apparatus and agricultural implements, except hand-operated, and apparatus for locomotion by land for use in public works, handling and agriculture.