The trademark ELU was filed by THE BLACK & DECKER CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on March 14, 2021, and received one opposition filed on June 10, 2021 by ELV Elektronik AG on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 10, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 11, 2021.
The application claimed as seniority of the Republic of Austria trademark 3875/1995 and filed on July 11, 1995 which was accepted by the office.
Goods And Services
The mark was filed in class 7 with following description of goods:
Machine tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components (except for land vehicles)
Pneumatic sanders, random orbit sanders, orbital sanders, disc sanders, belt sanders, polishers, saws, electric saws, pneumatic saws
Circular saws, jigsaws, reciprocating saws, chain saws, chop saws, mitre saws, flip-over saws, table saws, radial arm saws, band saws, scroll saws, trim saws, grinders, electric grinders, pneumatic grinders, bench grinders, angle grinders, straight grinders, disc grinders
Routers, biscuit jointers
Planers
Screwdrivers, electric screwdrivers, tackers, staplers, nailers, shears, electric shears, clippers, nibblers
Thicknessers, mixers, stirrers, painting machines, cleaning machines, milling and turning machines, electric knives, knife sharpening machines, glue guns, heat guns, hot air guns, all being power driven or electrically operated portable and stationary tools
Drill bits
Drill attachments
Countersinks
Drill chucks
Drill chuck keys
Collets
Drilling angle controllers
Hammer bits
Hammer chisel bits
Drilling heads
Saw blades
Circular saw blades
Jigsaw blades
Reciprocating saw blades
Hole saws
Chains for chain saws
Chain sharpeners
Cutting discs
Grinding discs
Polishing discs
Buffing discs
Grinding wheels
Grindstones
Files
Rasps
Blades for planers
Screw driver bits
Router bits
Abrasive sheets
Abrasive discs
Abrasive belts
Abrasive cutting stones
Abrasive grinding stones
Wet grinding stones
Sander sheets
Dust bags for sanders
Brushes
Wire brushes
Stirrer baskets
Mixer baskets
Staples, guides and fences for power tools, guides end fences for blade and knife sharpening machines
Power or other machine tools incorporating lasers
Power drill/drivers incorporating lasers for providing an alignment guide for the user of a power drill/driver to use as a reference point to then work from
Power tools, power drill/drivers, or other machine tools incorporating apparatus, or an instrument or a device for projecting a beam of laser light to provide a reference point for the user of a power tool, a power drill/driver, or other machine tool to work from, or incorporating lasers for use to provide a reference point for the user of a tool to work from, or for attachment to tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes
Alignment mechanisms incorporating a laser
Power tools incorporating any apparatus incorporating a laser to provide a reference point for the user of a power tool to work from, or for attachment to power tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes, or incorporating lasers for use to provide a reference point for the user or a tool to work from, or for attachment to tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes
Parts and fittings for all the aforesaid
Drill stands, pumps all for use with power tools
Dovetail jigs, dowelling jigs
Saw benches, saw tables
Clamps
Cases and boxes for use with power tools and power tool accessories
Blowing and vacuum suction machines for the exhaustion of dust, and dust extraction tubes being parts of these
Biscuits for biscuit jointers
Power tools, power drill/drivers or other machine tools incorporating a device for marking or alignment purposes, incorporating a laser
Parts and fittings for all the aforesaid goods.
The mark was filed in class 8 with following description of goods:
Hand tools and accessories for hand tools
Hand implements
Drill bits, hammer bits, drill attachments
Countersinks
Drill chucks, drill chuck keys, collets
Drilling angle controllers
Chisels, hammer chisels
Blades
Saw blades, circular saw blades
Jigsaw blades
Reciprocating saw blades
Hole saws
Chain sharpeners
Cutting discs
Grinding discs
Polishing discs
Buffing discs
Grinding wheels
Grindstones
Files, rasps
Blades for planers
Screw drivers
Screw driver bits
Router bits
Abrasive sheets
Abrasive discs
Abrasive belts
Sander sheets
Brushes
Wire brushes
Stirrer brushes
Stirrer baskets
Mixer baskets
Guides and fences for hand tools
Tools or drill/drivers incorporating apparatus or an instrument or device for projecting a beam of laser light to provide a reference point for the user of a tool or drill/driver to work from
Alignment mechanisms incorporating a laser
Tools incorporating any apparatus or devices incorporating a laser to provide a reference point for the user of a tool to work from, or for attachment to tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes, or incorporating a laser for use to provide a reference point for the user of a tool to work from, or for attachment to tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes
Parts and fittings for all the aforesaid
Drill stands, dovetail jigs, dowelling jigs, saw benches, saw tables, clamps and vices, all for use with hand tools or all being hand tools
Parts and fittings for all of the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Electrical and measuring apparatus and instruments
Electrical and optical guidance and distance measuring devices for use with power tools
Lasers
Apparatus, instruments or devices for projecting a beam of laser light to provide a reference point for the user of a power tool, power drill/driver, or other, tool to work from, lasers for use in aligning a power tool, power drill/driver, or other, tool relative to its work surface or to provide a reference point for the user of a power tool, power drill/driver, or other, tool to work from, or for use in alignment
Lasers for use to provide a reference point for the user of a tool to work from, or for attachment to tools for use in aligning the tool relative to its work surface, or being for marking or alignment purposes
Lasers for measuring distances or for use in alignment
Clothing for protection against accident and injury, protective gloves, protective aprons
Personal protective equipment, face masks, face shields, goggles, protective headgear
Apparatus, instruments, or devices for projecting a beam of laser light to provide a reference point for the user of a power tool, or a power drill/driver to work from
Lasers for use in aligning a power tool, a power drill/driver, or other tool relative to its work surface or to provide a reference point for the user of a power tool, a power drill/driver, or other tool to work from, or for use in alignment
Apparatus, instruments, or devices for projecting a beam of laser light to provide a reference point for the user of a tool or a drill/driver to work from, lasers for use in aligning a tool or drill/driver relative to its work surface or to provide a reference point for the user of a tool or a drill/driver to work from, or for use in alignment
Apparatus, instruments or devices for measuring, leveling, marking or alignment, incorporating a laser to provide a reference point for the user of a power tool, power drill/driver, or other tool to work from, or for attachment to power tools, power drill/drivers, or hand tools for use in aligning the power tool, power drill/driver, or other hand tool relative to its work surface, or being for marking or alignment purposes
Accessories, parts and fittings for aforesaid goods