The trademark MyNotifier was filed by Liebherr-MCCtec GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on February 7, 2021 by Honeywell International Inc. on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2021
It was designated 'Basic Application' for International Application 1596929 at the World Intellectual Property Organization (WIPO).
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 003140387 was rejected according to Article 10(2) EUTMDR with decision issued on March 8, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic control systems for mixing installations
Electronic controls, in particular for cranes of all kinds, earth-moving equipment of all kinds and machine tools
Controllers for support systems for construction equipment, in particular mobile cranes and truck-mounted concrete pumps
Motor control apparatus
Driver assistance systems and parts therefor, in particular display monitors, cameras
Controllers and regulators for air conditioning apparatus and heating vents, converters
Travelling gear and bogie controls
Software, Other than software for the banking sector and the financial sector, and control software for air conditioning installations and heating vents for rail vehicles
Software, in particular diagnostic software for air conditioning installations and heating vents for rail vehicles
Flight supervision devices
Flight control devices, Other than software for the banking sector and the financial sector
Flight simulators for aeronautical machines
Control computers for aircraft equipment systems, in particular activation systems and air conditioning systems
Nose guiding systems
Switching power supplies, sensors for current, voltage, position and other variables
Frequency converters for controlling engines and motors
Active mains rectifiers with feedback possibilities
Capacitor modules for energy buffering
Double layer capacitors
Battery modules for energy buffering
DC/DC actuators
Electronic systems and components
Control electronics
Data transmission systems
Complete switching apparatus for control technology and propulsion technique
Visualisation systems
User interfaces for machine controls, in particular for control of toothed machines
Humidity meters
Simulators, in particular crane simulators and crawler simulators
Cable test stations
Pocket calculators
Software, Other than computer programs for the banking sector and the financial sector
Mouse pads
Eyeglasses and cases therefor
Test benches
Electrical and electronic devices, equipment and apparatus for the purposes of telematics, data processing and telecommunications, equipment and apparatus for broadcasting, reception and transmission of information, data processing equipment, computer terminals for telephone, cable, satellite and/or telematic networks
Terminals for telematics, carriers of all kinds for recording and reproducing sound, images or signals
Computers, micro-computers, computers, computer peripherals, memories for computers, modems, interfaces, printers, consoles, cables, video discs, optical discs, digital discs, laser devices, infra-red devices, ultrasound equipment, printed circuits
Devices for the capture, retrieval, recording, processing, storage, transmission, broadcasting, reception and reproduction of digital or non-digital information, data, text, sound and images
Software and hardware for the data connection of components in mobile work machines, in particular earthmoving machines, cranes and marine equipment
Computers, microcomputers or internet applications
Analysis and diagnostic tools, apparatus for evaluating the operation of and/or faults with mobile work machines, cranes and marine equipment
Controllers and regulators, and software and control software for refrigerating installations, refrigerating and freezing apparatus, climatised wine cabinets, dispensing installations for beverages, in particular beer
Electronic controllers, in particular for earth moving equipment of all kinds, including electronic control of quick hitches and quick coupling systems
Quick coupling systems
None of the aforesaid goods including life-saving, fire alarm and fire prevention systems, or goods and solutions relating thereto.
The mark was filed in class 38 with Telematics services (included in class 38), in particular in the field of technical consultancy and Telecommunication services..
The mark was filed in class 42 with following description of goods:
Creation and development of computers and software, Other than computer programs for the banking sector and the financial sector
Development, rental and sale of crane simulators
Technological consultancy
Architecture
IT services
Design services
Industrial analysis and research services
Design, development, implementation and updating of computer software, Other than software for the banking sector and the financial sector
Services in the field of telematics, included in class 42, namely technical consultancy
None of the aforesaid services including life-saving, fire alarm and fire prevention systems, or goods and solutions relating thereto.