The trademark BRIXO was filed by FRASCHETTI SPA, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 25, 2020, and received one opposition filed on July 14, 2020 by Almacenes de FerreterÃa San Rafael, S.L. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2020
It was designated 'Basic Application' for International Application 1565374 at the World Intellectual Property Organization (WIPO).
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 8, 2021.
The Opposition with reference B 003126158 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 27, 2022 by the EUIPO.
The application claimed as seniority of the Italian Republic trademark 1508 registered on October 10, 2019 and filed on January 11, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 1 with following description of goods:
Putties, and fillers and pastes for use in industry
Glaziers' putty
Chimney cleaners, chemical
Chimney cleaners, chemical
Chemical products for the preparation of enamels
Preservatives for cement
Additives (Chemical -) for cement
Agglutinants for concrete
Adhesive cements
Cement for mending broken articles
Silicones
Silicone fluids
Silicone resins
Chimney cleaners, chemical
Adhesives for use in industry
Chlorine for swimming pools
Silicones
Chemicals for use as aversion agents by virtue of their odour
Chemicals for use as aversion agents by virtue of their taste
Welding and brazing chemicals
Galvanizing preparations
Alkaline galvanising chemicals for metallic substances
Chemicals for the treatment of irrigation water.
The mark was filed in class 2 with following description of goods:
Preservatives for cement [paints]
Enamels for painting
Varnishes
Enamels [varnishes]
Mixed paints
Silicone varnishes
Varnishes
Varnish paints
Fixatives [varnishes]
Spray coatings [varnishes]
Paint sealers
Varnishes
Thickeners for paints
Colour bases for paints
Thinning preparations for paints and for coatings
Paint sealers
Stains as paint
Varnish for the decoration of wood
Bitumen varnish
Varnishes
Enamels in the nature of paints
Paints and washes.
The mark was filed in class 3 with following description of goods:
Abrasive sanding sponges
Sanding gloves
Sandpaper
De-greasing preparations for household purposes.
The mark was filed in class 4 with following description of goods:
Preservatives for cement [oils]
Compositions for preserving cement [oils]
Products for sealing brickwork [oils]
Concrete sealing agents [oils]
Lubricating oil
Patio torches
Lubricating grease
Candles.
The mark was filed in class 5 with following description of goods:
Algicides for swimming pools
Disinfectants for swimming pools
Fly destroying preparations
Tissues impregnated with insect repellants
Mosquito repellants for application to the skin
Insect repellents for use on humans
Anti-horse-fly oils
Wrist bands sold pre-filled with insect repelling preparations
Animal repellent formulations.
The mark was filed in class 6 with following description of goods:
Metal hardware
Door fittings of metal
Ironmongery of metal for building
Safes [metal or non-metal]
Waste bins [skips] of metal for industrial use
Metal tool boxes
Armour made of common metals
Ironmongery of metal for building
Gratings of metal
Slabs of metal for building
Armour-plating of metal
Steel fabrications
Iron
Slabs of metal including those from alloy steel and titanium
Common metals and their alloys
Rings of metal
Fire surrounds [mantles and mantlepieces] of metal
Chimneys of metal
Cables, wires and chains, of metal
Hinges of metal
Swage blocks
Nuts, bolts and fasteners, of metal
Hooks [metal hardware]
Gratings of metal
Furnace fireguards of metal
Wire mesh
Locks and keys, of metal
Split rings of common metal for keys
Lock bolts
Lock nuts of metal
Metal locking mechanisms
Key tags of common metal
Soldering preparations comprising solder metal and flux
Solder pastes
Brazing alloys
Solder
Gates of metal
Security shutters of metal
Brackets of metal for building
Metal brackets
Metal clamps
Wire of common metal
Angle irons of metal
Washers of metal
Hinges of metal
Flanges of metal [collars]
Trestles of metal, other than furniture
Chains of metal
Safes [metal or non-metal]
Padlocks
Spring locks
Locks of metal
Metal dead bolts
Metal security lock cylinders
Nails
Elbows of metal for pipes
Wedges of metal
Duckboards of metal
Metal stepladders and ladders
Metal brackets
Tin
Mooring hooks of metal
Metal shackles
Eye bolts
Door handles of metal
Firedogs [andirons]
Metal karabiners
Metal springs
Cotters, made of metal
Lock bolts
Latches (Metal -) being fittings for doors
Signs plates of metal
Knobs of metal
Posts of metal
Metal brads
Rivets of metal
Chimney cowls of metal
Stays of metal
Metal ties
Binding screws of metal for cables
Tacks [nails]
Wall plugs of metal
Wire cloth
Metal turnbuckles
Drawer knobs of metal
Screws of metal
Turnstiles of metal
Pipes, tubes and hoses, and fittings therefor, including valves, of metal
Nuts of metal
Rods of metal for brazing and welding including those from alloy steel and titanium
Scrapers.
The mark was filed in class 7 with following description of goods:
Spray guns [machines] for extruding putty
Generators
Electrical generator groups
Emergency power generators
Generating sets for use with engines
Tamping rollers [machines]
Lawn rolling machines
Sawing tools for use with sawing machines
Machine tools for sawing
Saws [machines]
Wood milling machines
Concrete mixers [machines]
Paint marking machines
Log splitters [machines]
Hydraulic tools
Metalworking machines
Compressed air machines
Compressors
Pumps [machines]
Alternators
Brushes being parts of generators
Engines for the generation of electricity
Reeling apparatus, mechanical
Shears, electric
Knives, electric
Gear cutting machines
Milling machines
Scissors, electric
Die-cutting and tapping machines
Key cutting machines
Power saws
Power drills and bores
Planing machines
Power saws
Lapping machines
Circle cutters for use with machines
Power drills and bores
Welding and soldering equipment
Screwdrivers, electric
Screwdrivers, electric
Nailing machines
Grinders [hand-held power driven]
Spraying machines
Mixers [machines]
Pumps [machines]
Lubricating pumps
Spray nozzles for attachment to pressure washing machines
Tappets for engines
Power drills and bores
Drilling hammers
Bench drilling machines
Drill chucks for power drills
Saw chains
Roller bearings
Compressors
Tile cutters [machines]
Cutters [machines]
Tips for cutters [parts of machines]
Cutters being powered by mains electricity or batteries
Screwdrivers, electric
Abrasive discs [machine tools]
Discs for cutting for use with power tools
Lubricators [parts of machines]
Electric fruit squeezers
Crane hooks
Hydraulic jacks
Generators
Power staplers
Concrete mixers [machines]
Spindles for machine tools
Spray lances for attachment to pressure washing machines for cleaning purposes
Spray lances being agricultural implements
Pressure washing machines
Electric food blenders
Lawnmowers [machines]
Adhesive tape dispensers [machines]
Machines for cleaning surfaces using high pressure water
Blowing engines
Welding and soldering machines and devices
Motor hoes [machines]
Power saws
Pneumatic nail guns
Spray paint machines
Hot melt glue guns
Spray guns for paint
Holding devices for machine tools
Riveting machines
Soldering apparatus, electric
Blow torches
Pneumatic drills
Tension ratchets [machines]
Tap ratchets [machines]
Kitchen grinders, electric
Orbital sanders [machines]
Rivet guns
Galvanizing machines.
The mark was filed in class 8 with following description of goods:
Putty knives
Spatulas [hand tools]
Putty knives
Filling trowels
Spray guns [hand-operated tool] for extruding putty
Chimney sweeping implements
Cement trowels
Rakes
Rakes [hand tools]
Lawn rakes [hand-operated ones only]
Digging forks [spading forks]
Saw holders
Hand operated cement mixers
Reaping hooks [hand-operated tools]
Nippers [hand tools]
Bits [hand tools]
Expanders [hand tools]
Hammers [hand tools]
Guns [hand tools]
Shears
Tool belts [holders]
Tool bags [filled]
Knives
Scissors
Extensions for hand tools
Hammers [hand tools]
Ice hammers
Ice picks
Mountaineering ice hammers
Hand pumps
Tool holders
Hand-operated sprayers for industrial or commercial use
Hand-pumped sprayers
Priming irons [hand tools]
Nail drawers [hand tools]
Manual clippers
Agricultural, gardening and landscaping tools
Hand tools for construction, repair and maintenance
Fireplace tool sets
Tin openers, non-electric
Cutting inserts for use with hand tools
Scythe stones
Pliers
Weeding forks [hand tools]
Bits [hand tools]
Bit braces
Brushes (steel -) [hand-operated tools]
Planes
Tool belts [holders]
Lawn clippers [hand instruments]
Tile cutters [hand operated tools]
Shears
Box cutters
Cutters
Pizza slicers
Wire cutters
Thread snips
Nail clippers
Knives
Table cutlery [knives, forks and spoons]
Tool aprons
Plungers for clearing blockages in pipes [hand-operated tools]
Screwdrivers, non-electric
Cutting discs [hand operated tools]
Rasps [hand tools]
Palette knives
Spatulas [hand tools]
Nail extractors, hand-operated
Claws [hand tools]
Scythes
Axes
Border shears
Saw blades [parts of hand tools]
Garden forks
Forks
Pitchforks
Mitre boxes [hand tools]
Files [tools]
Trowels
Spanners [hand tools]
Monkey wrenches
Ring spanners
Socket spanners
Pipe wrenches
Hex keys
Masons' hammers
Kitchen mandolines
Handles for hand-operated hand tools
Hammers, mallets and sledgehammers
Penknives
Shovels [hand tools]
Brick trowels
Cement trowels
Wire strippers [hand tools]
Pickaxes
Pincers
Guns, hand-operated, for the extrusion of mastics
Non-electric caulking guns
Grease guns
Electric steam irons
Tool holders
Screwdriver bits for hand operated screwdrivers
Centre punches [hand tools]
Scrapers [hand tools]
Rakes
Riveters [hand tools]
Electric hair crimper
Punch pliers [hand tools]
Carpenter's clamps
Pit saws
Saws [hand tools]
Saw blades
Scissors
Scissors for kitchen use
Vices
Manicure and pedicure tools
Hand drills, hand-operated
Hand drills, hand-operated
Drill holders [hand tools]
Spatulas [hand tools]
Scrapers for floors and windows
Scrapers.
The mark was filed in class 9 with following description of goods:
Insulated clothing for protection against accident or injury, for DIY activities, gardening and hardware
Shin guards for protection against injury [other than sports articles or parts of sports suits]
Plumb levels
Electric sockets
Electrical power outlet boxes
Cables, electric
Electrical adapters
Bullet-proof clothing
Clothes for protection against injury
Reflective apparel and clothing for the prevention of accidents
Leather clothing for protection against accident or injury
Clothing for protection against radiation
Clothing for protection against fire
Clothing for protection against chemicals
Thermal protective aids [clothing] for protection against accident or injury, for DIY activities, gardening and hardware
Remote alarms [other than anti-theft for vehicles]
Sound alarms, other than for vehicles
Electric alarms for smoke
Burglar alarms
Anti-theft alarms [other than for vehicles]
Electrical and electronic burglar alarms
Electric alarms for fire
Warning alarms [other than for vehicles]
Fire alarms in the shape of Christmas tree ornaments
Security alarms
Safety alarms [other than for vehicles]
Baby alarms
Electric alarms
Gas alarms
Alarms for the detection of inflammable gases
Personal security alarms
Pool alarms
Personal alarms
Power testers
Acidity analysers
X-ray analyzers [other than for medical use]
Chromatogram analyzers for scientific or laboratory use
Diesel oil emission testers
Electric power analyzers
Fluorescence analyzers
Apparatus for analysing gases
Flue gas analyzers
Residual gas analyzers
Voltage testers
Spectrum analyzers, other than for medical use
Electronic colour analyzers
Physical analyzers [other than for medical use]
Photometric analyzers [other than for medical use]
Petrochemical analyzers
Photo electron spectroscopy analyzers [not for medical purposes]
Safety apparatus for the prevention of accident or injury, for DIY activities, gardening and hardware
Fall arrest apparatus
Audiovisual teaching apparatus
Audiovisual apparatus
Audio electronic apparatus
Audio apparatus
Warning apparatus [other than for vehicles]
Security warning apparatus
Heat sensors
Wireless communication apparatus
Electric communication apparatus
Video communications apparatus
Data communications apparatus
Heat regulating apparatus
Temperature control apparatus [electric switches]
Thermostats
Electric control apparatus
Network management control apparatus
Monitoring control apparatus [electric]
Visual monitoring apparatus
Electricity measuring instruments
Aural monitoring apparatus
Mains monitoring apparatus (Electric -)
Smoke alarm testers
Temperature logging apparatus
Time regulating apparatus
Radiation sensing apparatus
Microwave sensing apparatus
Satellite receiving apparatus
Fuel regulating apparatus
Power regulating apparatus
Surveillance cameras
Underwater acoustic detecting apparatus
Water level detection apparatus
Ultraviolet detection apparatus
Noise suppression apparatus
Television monitoring apparatus
Security surveillance apparatus
Life-saving apparatus and instruments
Apparatus and instruments for controlling electricity
Regulating apparatus, electric
Monitoring apparatus, other than for medical purposes
Electronic surveillance apparatus
Electronic telecommunications apparatus
Helmet cameras, for DIY activities, gardening and hardware
Temperature indicators
Warning indicating apparatus [other than for vehicles], for DIY activities, gardening and hardware
Mechanical life saving apparatus
Air analysis apparatus
Fire extinguishing apparatus
Temperature control apparatus [electric switches] for machines
Temperature control apparatus [thermostats] for machines
Gas testing instruments
Amplifiers
Amplifiers
Respiratory apparatus, other than for medical use
Gas detecting apparatus
Fire control apparatus
Fire detectors
Flotation clothing
Head protection, for DIY activities, gardening and hardware
Headgear for protection against injury
Alarms and warning equipment
Protective and safety equipment, for DIY activities, gardening and hardware
Headsets
Aqualungs
Whistle alarms
Acoustic alarms
Fire alarms
Emergency light bars for vehicles
Batteries
Lithium ion batteries
Anode batteries
Lithium batteries
Lithium secondary batteries
Nickel-cadmium batteries
Batteries for lighting
Electric batteries for powering electric vehicles
Rechargeable electric batteries
Power banks
Car batteries
Batteries for pocketlamps
Batteries for use in hearing aids
Batteries for electronic cigarettes
Mobile telephone batteries
Batteries for vehicles
Batteries for electric vehicles
Rechargeable batteries
Solar-powered rechargeable batteries
Solar batteries
Solar batteries for domestic use
Solar batteries for industrial use
Electronically encoded identity wristbands
Encoded identification bracelets, magnetic
Connected bracelets [measuring instruments]
Footwear for protection against accidents
Protective footwear for the prevention of accident or injury
Safety footwear for protection against accident or injury
Footwear for protection against biological hazards
Shoes for protection against accidents, irradiation and fire
Footwear for protection against irradiation
Footwear for protection against fire
Footwear for protection against chemical spills
Shoes for protection against accidents and fire
Alarm bells, electric
Bells [warning devices]
Alarm bells
Electronic warning bells
Telescopes
Telescopic sights for artillery
Sighting telescopes for firearms
Spotting scopes
Riflescopes [telescopic]
Laminar flow hoods for laboratory use
Fume cupboards for laboratory use
Protective headgear for the prevention of accident or injury, for DIY activities, gardening and hardware
Smoke hoods [life saving apparatus]
Illuminated signs
Sign boards [mechanical]
Road signs [luminous]
Road signs [mechanical]
Radio-frequency identification (RFID) tags
Electronic tags
Safety restraints, other than for vehicle seats and sports equipment
Life belts
Support belts for workers
Weight belts for divers
Watchbands that communicate data to smartphones
Highway safety cones
Traffic cones
Portable road hazard warning cones [mechanical]
Portable road hazard warning cones [luminous]
Plastic road cones [illuminated]
Traffic cones [luminous]
Road cones [mechanical]
Thermal controls
Thermal controls [thermostats]
Fire blankets
Lanyards for safety purposes for fall protection
Wireless headsets
Headsets for use with computers
Communications head sets
Internet phones
Hands-free headsets for cell phones
Virtual reality headsets
Telephone headsets
Headsets for mobile telephones
Personal headphones for sound transmitting apparatuses
Wireless headphones
Wireless headsets for smartphones
Wireless headsets for use with mobile telephones
Stereo headphones
Voltage surge protectors
Protection devices against X-rays, not for medical purposes
Protection devices for personal use against accidents, for DIY activities, gardening and hardware
Fire protection apparatus
Safety, security, protection and signalling devices, for DIY activities, gardening and hardware
Fault current breakers
Life saving apparatus and equipment
Flame monitors
Timing devices for industrial processing apparatus
Water sprinkling devices for fire control
Electronic personal alarm devices
Inflatable apparatus for life-saving purposes
Luminous safety beacons
Noise filters
Optical filters for screens
Optical filters
Optical glass filters
Respiratory mask filters [non-medical]
Filters for respiratory masks
Signalling whistles
Reflective safety vests
Knee-pads for workers
Bullet-proof waistcoats
Stab vests
Life jackets
Buoyancy compensator devices for divers
Divers' life jackets
Lifesaving vests for use by dogs
Life jackets for pets
Asbestos gloves for protection against accidents
Disposable latex gloves for laboratory use
Disposable plastic gloves for laboratory use
Gloves for protection against X-rays for industrial purposes
Gloves for protection against accidents
Safety gloves for protection against accident or injury
Data gloves
Fire resistant gloves
Disposable gloves for laboratory use
Gloves for industrial purposes for protection against injury
Life saving harnesses
Fire pumps
Protective work clothing [for protection against accident or injury]
Asbestos clothing for protection against fire
Clothing for protection against fire
Clothing for protection against biological hazards
Safety clothing for protection against accident or injury
Protective clothing [body armour]
Protective clothing made from ballistic resistant materials
Protective clothing for the prevention of injury
Reflective clothing for the prevention of accidents
Clothing especially made for laboratories
Beacon lamps
Signalling lamps
Road warning lanterns
Warning lamps [beacons]
Lamps for use as warning beacons
Beacon lights [safety equipment]
Fire hose nozzles
Signal lanterns
Magnifying lenses
Magnifying glasses [optics]
Lenses for protective face shields
Neon lights [signals]
Beacons, luminous
Emergency warning lights
Warning lights [flashing beacons]
Warning lamps for vehicles
Traffic-light apparatus [signalling devices]
Flashing safety lights
Rotating lights [signalling]
Fire hose
Ear plugs for divers
Crash test dummies
Anti-pollution masks for respiratory protection
Gas masks
Oxygen masks, not for medical use
Dust masks
Breathing masks
Solderers' helmets
Welding masks
Respiratory masks, other than for artificial respiration