The trademark RoSS was filed by Single Use Support GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 26, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 28, 2020 by ROSS INDUSTRIES, Inc. on Likelihood of confusion. the opponent was represented by MANRESA INDUSTRIAL PROPERTY, S.L. and its proceedings were handled in English The second opposition filed on June 24, 2020 by Metalúrgica Ros, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PONS IP, S.A. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 24, 2022.
The Appeal with reference B R1983/2023-5 was Application allowed according to Article 49(1) EUTMR with decision issued on May 26, 2024 by the EUIPO. The Opposition with reference B 003125196 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Containers, and transportation and packaging articles, of metal, expressly excluding metal ducts
Tanks of metal, expressly excluding metal ducts
All the aforementioned goods for pharmaceutical preparations and injectable solutions.
The mark was filed in class 7 with following description of goods:
Filling machines for filling packaging containers for pharmaceutical preparations, namely, antibodies, biotechnologically produced proteins, cell cultures, active ingredients for drugs, vaccines, all in various stages of production, and injectable solutions
Machines for sealing bags, for pharmaceutical preparations, namely, antibodies, biotechnologically produced proteins, cell cultures, active ingredients for drugs, vaccines, all in various stages of production and injectable pharmaceutical solutions after filling
Emptying machines for emptying packaging containers filled with pharmaceutical preparations, namely, antibodies, biotechnologically produced proteins, cell cultures, active ingredients for drugs, vaccines, all in various stages of production, and injectable pharmaceutical solutions.
The mark was filed in class 9 with following description of goods:
Software, in particular logistics software, not relating to language and translation software
Mobile apps, not relating to language and translation software
Controllers (regulators)
Electronic apparatus for checking the tightness and the sterility of package containers and pouches for pharmaceutical preparations and injectable solutions
Electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions
Measuring, detecting, monitoring and testing devices and apparatus.
The mark was filed in class 11 with following description of goods:
Freezers and machines for freezing pharmaceutical preparations and injectable solutions
Refrigerating apparatus and deep freezing apparatus and chest freezers for medical storage purposes
Refrigerated containers for pharmaceutical preparations and injectable solutions
Heating apparatus and warming installations for thawing frozen pharmaceutical preparations and frozen injectable solutions
Chemical processing equipment.
The mark was filed in class 20 with following description of goods:
Containers and objects for transport, not of metal or only partly of metal
Transport and packaging containers, not of metal or only partly of metal
Flexible containers of plastic for the transport of pharmaceutical preparations and injectable solutions
Plastic medication containers.
The mark was filed in class 39 with following description of goods:
Services of transport
Tracking and tracing of shipments
Transport information, advice and reservation services