018406370

Axxella

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February 22, 2021

Trademark Summary

The trademark axxella was filed by Karl-Heinz Arnold GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on June 1, 2021 by Xella International GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hille, Christian Peter and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 1, 2021

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 7 with following description of goods:
  
  1. Holding devices for machine tools
  2. Dispensing machines, In particular electronic goods dispensing machines for managing commodities
  3. Machines and machine tools for treatment of materials and for manufacturing, In particular electric milling, cutting, drilling, abrasive, sharpening and surface treatment machines and apparatus
  4. Parts for all the aforesaid machines
  5. Tools [parts of machines], Sockets [parts for machines], In particular of hard metal and cermet, for cutting, planing, machining, piercing, turning, drilling and milling workpieces, In particular of metal
  6. Cutting inserts (parts of machines)
  7. Threaded inserts (parts of machines)
  8. Rotary cutting inserts (parts of machines)
  9. Carriers, holders, clamp mountings, cutting clamp mountings (machine parts)
  10. Drill rods (machine parts).
• The mark was filed in class 8 with Hand tools and implements [hand-operated].
• The mark was filed in class 9 with following description of goods:
  
  1. Computer software
  2. Computer hardware, Interface equipment and parts, All the aforesaid goods included in class 9
  3. Electric apparatus for the control of technical management and industrial work processes
  4. Electronically operated tool dispensing systems in metal cabinets (tool management systems), comprising of computer software and computer hardware for the management, stock monitoring and ordering of tools and other consumable materials.
• The mark was filed in class 20 with Tool cabinets (non-metallic -) [empty].
• The mark was filed in class 35 with following description of goods:
  
  1. Wholesaling and retailing services, In particular mail order (including online), in relation the following goods: Machines and machine tools for the treatment of materials and manufacturing, Tools, inserts and other parts for the aforesaid machines, in particular of hard metal and cermet, for cutting, planing, machining, piercing, turning, drilling and milling workpieces, Cutting inserts, Threaded plates, Rotary cutting inserts, Tools holders, beams, holders, Clamp holders, cutting clamp mountings, Cutter bars, Being parts of machines
  2. Wholesaling and Retail services, In particular mail order (including online), In relation to: Hand-operated tools
  3. Wholesaling and Retail services, In particular mail order (including online), in relation the following goods: Software for controlling machines, machine tools and parts of machines for material treatment and production, electronic tool dispensing systems for the management of consumable objects
  4. All the aforesaid services limited to commercial customers.
• The mark was filed in class 37 with Installation, maintenance, regrinding, reconditioning, recoating and repair of tools and machines and Installation, maintenance and repair of computer hardware and software, In particular of tool management systems..
• The mark was filed in class 39 with following description of goods:
  
  1. Transport
  2. Storage
  3. Logistics in the transport sector in the form of tool management, in particular the delivery and transport of tools, and tool storage.
• The mark was filed in class 42 with following description of goods:
  
  1. Technical consultancy
  2. Engineering services, In particular technical tool management for others, in particular technical consultancy relating to tool optimisation, production and tool technology, materials management and logistics
  3. Design agency services and Computer hardware development and Computer software, Especially, Tool management hardware and tool management software and software being aids for planning, construction, work preparation, manufacturing, machine control (programming), purchase and sale, materials management, storage, tool servicing and tool optimisation.