The trademark AL-KO POWER FLEX was filed by AL-KO Geräte GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 22, 2021, and received one opposition filed on November 22, 2021 by Flex-Elektrowerkzeuge GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by DTS PATENT- & RECHTSANWÄLTE SCHNEKENBÜHL UND PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 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 7 with following description of goods:
Agricultural, horticultural and forestry machines and apparatus, in particular accumulator-operated machines and apparatus
Machines and machine tools for treatment of materials and for manufacturing, especially Accumulator operated machines and machine tools
Power tools, especially Battery or accumulator operated tools
Lawnmowers [machines] and Robotic lawnmowers
Shrubbers and High hedge shears
Feed cutters
Pumps [machines]
Grass trimmers
Scythes
Lawn scarifies
Motor hoes
Saws, Power saws and Jig saws
Leaf blowers and Leaf blowers
Pole-mounted pruners, branch trimmers and Tree branch cutters
Garden rollers
Joint cleaners
Snowblowers.
The mark was filed in class 8 with Tool belts [holders], in particular Being holders for accumulators.
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for accumulating electricity
Storage batteries
Push-on accumulators
Chargers for electric batteries
Battery boxes
Battery jars
Audio devices and radio receivers, Especially Accumulator operated radios.
The mark was filed in class 11 with Lighting apparatus, specifically Accumulator operated LED spotlights.
The mark was filed in class 37 with fix, Maintenance, In relation to the following goods: Agricultural, gardening and forestry machines and apparatus, Especially, Accumulator operated machines and apparatus and fix, Maintenance, In relation to the following goods: Machines and machine tools for the treatment of materials and manufacturing, Especially, Accumulator operated machines and machine tools..