The trademark KERN was filed by Kern & Sohn GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 5, 2020, and received one opposition filed on June 3, 2020 by LABORATORIOS ERN, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 3, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003123139 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Navigation, surveying, optical, weighing, measuring, signalling, inspecting and teaching apparatus
Hardware for data processing relating to weighing and measuring data, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Software
Weighing software
Metering software
Process software
Quality software
Service software
CRM software
Computer software relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Scales
Analytical scales (not for medical purposes)
Bathroom scales
On ground weigher
Letter scales
Weighbridges
Flat-bed scales
Electrical scales
Electronic scales, Paint mixing scales
Spring scales
Hanging scales
Industrial scales
Carat scales
Crane scales
Precision balances
Membrane scales
Microscales
Mobile scales
Pallet-weight scales
Weighing scales for personal use (not for medical purposes)
Board scales
Platform scales
Precision balances
Price computing scales
Levels [instruments for determining the horizontal]
Salinometers
Scales (Lever -) [steelyards]
School scales
Pocket scales
Table scales
Bubble levels
Counting scales
Parts and accessories for the aforesaid goods, included in class 9
Display devices for the aforesaid goods
Barometers, Densimeters
Measuring instruments for torque measuring
Revolution counters
Distance recording apparatus
Range finders
Distance measuring apparatus
Frequency meters
Moisture analysers
Weights
Weight sets
Test weights
Speed indicators, Tombstone testers
Dimension measuring rods (not for medical purposes)
Hydrometers
Hygrometers
Air analysis apparatus
Material testing instruments and machines
Measuring instruments for gold authentication
Measuring instruments for hardness testing
Measuring instruments for force measurement
Instruments for measuring length
Integrated vernier calipers
Rulers [measuring instruments]
Photometers
Measuring instruments for material thickness
Levelling staffs [surveying instruments]
Plane tables [surveying instruments]
Diamond authentication testers
Measuring instruments for layer thickness
Sound level meters
Stroboscopes for the visualisation of motion sequences
Temperature indicating apparatus
Temperature gauges
Thermometers
Tensiometers
Ultrasound apparatus, not for medical purposes
Closure testers, in particular for screw closure checking of bottles (included in class 9)
Weighbridges
Weighing machines
Measuring instruments for wall thickness
Weigh beams
Digital weighing lifting apparatus
Test benches for measuring apparatus
Weight scales not for medical purposes, In particular adiposity scales, analytical balances
Baby scales
Fitness scales
Hand force measuring instruments
Body fat scales
Wheelchair scales
Standing aid scales
Chair scales.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Orthopedic articles
Analysers for medical use, In particular moisture analysers, Medical apparatus and instruments
Physical therapy equipment
Dimension measuring rods (for medical purposes).
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto, relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Industrial analysis and research services relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Design and development of computer hardware and software relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Calibration [measuring] relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Calibration and function testing of measuring apparatus
Weight calibration
Engineering services relating to force measurement technology, layer thickness measurement technology, material strength measurement technology, hardness measurement technology
Technical measuring and testing laboratory services, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters
Computer hardware and software consultancy relating to weighing and measuring technology, other than for electric motors, other than for clutches for torque transmission, other than for brakes, other than for clutch-brake combinations, other than for heaters.