The trademark O'MAC was filed by S.C. O-MAC PADURE & GRADINA S.R.L., a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on September 6, 2020, and received one opposition filed on December 6, 2020 by EMAK S.P.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ING. C. CORRADINI & C. S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2020
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on December 22, 2020. Appointment and Replacement of representative of the trademark registration was recorded on December 28, 2020.
Goods And Services
The mark was filed in class 4 with following description of goods:
Motor oil
Lubricating oils and greases
Lubricants being gear oils.
The mark was filed in class 7 with following description of goods:
Generators
Agricultural, gardening and forestry machines and apparatus
Milking installations for automatic milk extraction
Agricultural implements, other than hand-operated
Horticultural implements [machines]
Agricultural machines for ground cultivation
Agricultural seed planting machine
Agricultural machines for grass cutting
Towable agricultural machines
Cultivators [machines]
Bailing machines
Broadcast seeders
Hedge trimmers [machines]
Edgers [machines]
Self-propelled mowers
Mechanical lawn mowers
Machine mowers
Horticultural machines
Saw-tooth setting machines [for lumbering or woodworking saws]
Agricultural machine tools
Garden tilling machines
Tillers [agricultural implements]
Tilling machines for agricultural purposes
Robotic lawnmowers
Riding lawn mowers
Power-operated lawn and garden tillers
Tillers [machines] for towing behind vehicles
Straw [chaff] cutters
Milking machines
Ploughs
Sprayers [machines] for use in agriculture
Sprayers [machines] for use in horticulture
Agricultural spraying machines
Couplings for agricultural implements
Scarifiers [machines]
Gardening tools (Electric -)
Seed drills for agricultural machines
Shredders [machines]
Lawn sweepers [machines]
Agricultural machines
Agricultural implements other than hand operated hand tools
Scarifying machines for garden use
Robotic motor hand saws
Robotic mechanisms used in agriculture
Robotic mechanisms used in viticulture
Robots for machine tools
Engine driven water pumps
Water pumps for use in garden ponds.
The mark was filed in class 8 with Apparatus for destroying plant parasites, hand-operated and Sprayers (knapsack -) [non-electric] for carrying on the back..
The mark was filed in class 9 with following description of goods:
Shoes (Protective -)
Face-protection shields
Safety helmets
Goggles
Safety caps
Boots [protective footwear]
Gloves for protection against accidents
Protective and safety equipment.
The mark was filed in class 25 with following description of goods:
Jumper suits
Caps being headwear
Work shoes
Dust coats.
The mark was filed in class 35 with following description of goods:
Retail services in relation to motor oil
Wholesale services in relation to motor oil
Retail services in relation to lubricating oils and greases
Wholesale services in relation to lubricating oils and greases
Retail services in relation to lubricants being gear oils
Wholesale services in relation to lubricants being gear oils
Retail services in relation to generators
Wholesale services in relation to generators
Retail services in relation to agricultural, gardening and forestry machines and apparatus
Wholesale services in relation to agricultural, gardening and forestry machines and apparatus
Retail services in relation to scythes [machines]
Wholesale services in relation to scythes [machines]
Retail services in relation to electric garden scythes
Wholesale services in relation to electric garden scythes
Retail services in relation to knives for mowing machines
Wholesale services in relation to knives for mowing machines
Retail services in relation to motor hoes [machines]
Wholesale services in relation to motor hoes [machines]
Retail services in relation to cultivators [power lawn and garden tools]
Wholesale services in relation to cultivators [power lawn and garden tools]
Retail services in relation to power tillers
Wholesale services in relation to power tillers
Retail services in relation to sprinkling devices [machines]
Wholesale services in relation to sprinkling devices [machines]
Retail services in relation to tree branch cutters (Electric -)
Wholesale services in relation to tree branch cutters (Electric -)
Retail services in relation to gardening machines (Powered -)
Wholesale services in relation to gardening machines (Powered -)
Retail services in relation to row fertiliser spreaders [machines]
Wholesale services in relation to row fertiliser spreaders [machines]
Retail services in relation to fertilizer distributors [tractor towed agricultural implements]
Wholesale services in relation to fertilizer distributors [tractor towed agricultural implements]
Retail services in relation to manure spreaders [tractor towed agricultural implements]
Wholesale services in relation to manure spreaders [tractor towed agricultural implements]
Retail services in relation to clearing saws [machines]
Wholesale services in relation to clearing saws [machines]
Retail services in relation to pruning saws [electric]
Wholesale services in relation to pruning saws [electric]
Retail services in relation to pruning saws [motorised]
Wholesale services in relation to pruning saws [motorised]
Retail services in relation to milking installations for automatic milk extraction
Wholesale services in relation to milking installations for automatic milk extraction
Retail services in relation to agricultural implements, other than hand-operated
Wholesale services in relation to agricultural implements, other than hand-operated
Retail services in relation to horticultural implements [machines]
Wholesale services in relation to horticultural implements [machines]
Retail services in relation to agricultural machines for ground cultivation
Wholesale services in relation to agricultural machines for ground cultivation
Retail services in relation to agricultural seed planting machine
Wholesale services in relation to agricultural seed planting machine
Retail services in relation to agricultural machines for grass cutting
Wholesale services in relation to agricultural machines for grass cutting
Retail services in relation to towable agricultural machines
Wholesale services in relation to towable agricultural machines
Retail services in relation to cultivators [machines]
Wholesale services in relation to cultivators [machines]
Retail services in relation to bailing machines
Wholesale services in relation to bailing machines
Retail services in relation to broadcast seeders
Wholesale services in relation to broadcast seeders
Retail services in relation to hedge trimmers [machines]
Wholesale services in relation to hedge trimmers [machines]
Retail services in relation to edgers [machines]
Wholesale services in relation to edgers [machines]
Retail services in relation to self-propelled mowers
Wholesale services in relation to self-propelled mowers
Retail services in relation to mechanical lawn mowers
Wholesale services in relation to mechanical lawn mowers
Retail services in relation to machine mowers
Wholesale services in relation to machine mowers
Retail services in relation to horticultural machines
Wholesale services in relation to horticultural machines
Retail services in relation to saw-tooth setting machines [for lumbering or woodworking saws]
Wholesale services in relation to saw-tooth setting machines [for lumbering or woodworking saws]
Retail services in relation to agricultural machine tools
Wholesale services in relation to agricultural machine tools
Retail services in relation to garden tilling machines
Wholesale services in relation to garden tilling machines
Retail services in relation to tillers [agricultural implements]
Wholesale services in relation to tillers [agricultural implements]
Retail services in relation to tilling machines for agricultural use
Wholesale services in relation to tilling machines for agricultural use
Retail services in relation to robotic lawnmowers
Wholesale services in relation to robotic lawnmowers
Retail services in relation to riding lawn mowers
Wholesale services in relation to riding lawn mowers
Retail services in relation to power-operated lawn and garden tillers
Wholesale services in relation to power-operated lawn and garden tillers
Retail services in relation to tillers [machines] for towing behind vehicles
Wholesale services in relation to tillers [machines] for towing behind vehicles
Retail services in relation to chaff cutters
Wholesale services in relation to chaff cutters
Retail services in relation to milking machines
Wholesale services in relation to milking machines
Retail services in relation to ploughs
Wholesale services in relation to ploughs
Retail services in relation to sprayers [machines] for use in agriculture
Wholesale services in relation to sprayers [machines] for use in agriculture
Retail services in relation to sprayers [machines] for use in horticulture
Wholesale services in relation to sprayers [machines] for use in horticulture
Retail services in relation to agricultural spraying machines
Wholesale services in relation to agricultural spraying machines
Retail services in relation to couplings for agricultural implements
Wholesale services in relation to couplings for agricultural implements
Retail services in relation to scarifiers [machines]
Wholesale services in relation to scarifiers [machines]
Retail services in relation to gardening tools (Electric -)
Wholesale services in relation to gardening tools (Electric -)
Retail services in relation to seed drills for agricultural machines
Wholesale services in relation to seed drills for agricultural machines
Retail services in relation to shredders [machines]
Wholesale services in relation to shredders [machines]
Retail services in relation to lawnmowers [machines]
Wholesale services in relation to lawnmowers [machines]
Retail services in relation to lawn sweepers [machines]
Wholesale services in relation to lawn sweepers [machines]
Retail services in relation to agricultural equipment
Wholesale services in relation to agricultural equipment
Retail services in relation to agricultural implements other than hand operated hand tools
Wholesale services in relation to agricultural implements other than hand operated hand tools
Retail services in relation to scarifying machines for garden use
Wholesale services in relation to scarifying machines for garden use
Retail services in relation to robotic motor hand saws
Wholesale services in relation to robotic motor hand saws
Retail services in relation to robotic mechanisms used in agriculture
Wholesale services in relation to robotic mechanisms used in agriculture
Retail services in relation to robotic mechanisms used in viticulture
Wholesale services in relation to robotic mechanisms used in viticulture
Retail services in relation to robots for machine tools
Wholesale services in relation to robots for machine tools
Retail services in relation to engine driven water pumps
Wholesale services in relation to engine driven water pumps
Retail services in relation to water pumps for use in garden ponds
Wholesale services in relation to water pumps for use in garden ponds
Retail services in relation to apparatus for destroying plant parasites, hand-operated
Wholesale services in relation to apparatus for destroying plant parasites, hand-operated
Retail services in relation to sprayers (knapsack -) [non-electric] for carrying on the back
Wholesale services in relation to sprayers (knapsack -) [non-electric] for carrying on the back
Retail services in relation to shoes (Protective -)
Wholesale services in relation to shoes (Protective -)
Retail services in relation to protective visors
Wholesale services in relation to protective visors
Retail services in relation to safety helmets
Wholesale services in relation to safety helmets
Retail services in relation to goggles
Wholesale services in relation to goggles
Retail services in relation to safety caps
Wholesale services in relation to safety caps
Wholesale services in relation to boots [protective footwear]
Retail services in relation to boots [protective footwear]
Wholesale services in relation to gloves for protection against accidents
Retail services in relation to gloves for protection against accidents
Retail services in relation to protective and safety equipment
Wholesale services in relation to protective and safety equipment