The trademark PxG was filed by SEW-EURODRIVE GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 13, 2021, and received one opposition filed on April 13, 2021 by Parsons Xtreme Golf, LLC on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 13, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal hardware
Labels of metal
Signboards of metal
Flanges of metal
Drawn and polished metal bars
Poles of metal
Screws and nuts of metal
Grease nipples
Machined metal mouldings
Parts for the aforesaid goods, included in this class
Shafts and Poles of metal
Chain wheels of metal
Parts for the aforesaid goods
All of the foregoing goods being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 7 with following description of goods:
Shafts of metal (machine parts)
Machine wheels
All of the foregoing goods being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 9 with following description of goods:
Software for the projection and selection of transmissions, including transmissions for industrial drives
Software for the selection of metal parts
Computer programs, downloadable
Electronic publications, downloadable
Electric controls for electric motors and electric gear motors
Regulating apparatus, electric
Measuring devices, electric
Teaching apparatus
All of the foregoing goods being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 12 with following description of goods:
Gear boxes for land vehicles
Cars
Electric vehicles
Mobility scooters
Driverless logistics vehicles
Robotic cars
Autonomous driving robotic vehicles for collecting and distributing objects
Driverless transport systems, consisting of self-driving transport vehicles
Automatically controlled vehicles
Toothed wheels for land vehicles
Parts for the aforesaid goods, included in this class
Driverless transport systems
Parts for the aforesaid goods
All of the foregoing goods being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 37 with following description of goods:
Exchange, Maintenance and repair of gears
Maintenance of metal parts
Oil changes for transmissions
Charging of electric vehicles
Irrigation devices installation and repair
Advisory services relating to the installation of gearboxes
Repair and maintenance of metal parts
Condition monitoring service for electric drives
Condition monitoring service for transmissions
All of the foregoing services being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 42 with following description of goods:
Consulting services in the field of information technology
Engineering services
Creation of software for machines and installations
Electronic data storage
Mechanical research
Technical consulting services in the field of metallurgy
Creating and maintaining web sites for others
Construction drafting
Material testing
Quality control
Material testing and quality control relating to metal parts
Technical control services, Namely condition monitoring services for electric drives
Technical control services, Namely condition monitoring services for transmissions
Consulting services in the field of metallurgy
All of the foregoing services being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.
The mark was filed in class 45 with following description of goods:
Domain name registration services
Leasing of internet domain names
Licensing of intellectual property
Intellectual property consultancy
All of the foregoing services being marketed and sold exclusively to manufacturing businesses, but not to end consumers for their private use.