The trademark M was filed by MACOX GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2022, and received one opposition filed on December 13, 2022 by Bayerische Motoren Werke Aktiengesellschaft on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 2022
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 Linings (abrasion sheets) of metal and Load hooks..
The mark was filed in class 7 with following description of goods:
Machines and machine tools for processing and working materials of all kinds, including metal, wood, natural stone, concrete, building rubble, plastic, rubber, paper, compost, glass and ceramics
Agricultural implements, other than hand-operated
Road construction machines and parts therefor
Road rolling [vehicles] machines
Agricultural machines and parts therefor
Agricultural machines for ground cultivation
Towable agricultural machines
Threshers [agricultural implements]
Harvesting machines
Tillers [agricultural implements]
Joggers [agricultural machines]
Incorporators [agricultural implements]
Ploughs being agricultural machines
Couplings for agricultural implements
Crushing machines and part therefor for metal, wood, stone, concrete, building rubble, plastic, rubber, paper, compost, glass and ceramics
Feeding units for size reduction machines
Mills and crushing machines
Cylinders for mills
Recycling crushing units [machines]
Size reduction machines for hard materials
Wear segments for crushers
Rammers, Rammers [machines]
Construction machines and parts of construction machines, Aforesaid goods, included in class 7
Parts of machines for processing and working materials of all kinds, including metal, wood, natural stone, concrete, building rubble, plastic, gum, paper, compost, glass and ceramics, included in class 7
Parts of machines for the chemical industry, agriculture, road construction, mining, included in class 7
Wearing parts for breaking installations including impact arms, breaking jaws, crusher shells and crushing balls of metal
Complete tooth systems, load hooks and cutting edges of metal, being parts of construction machinery.
The mark was filed in class 35 with Retailing and wholesaling, in relation to the following goods: Machines for processing and working materials of all kinds, including metal, wood, natural stone, concrete, building rubble, plastic, rubber, paper, compost, glass and ceramics, Machine parts, Building materials.
The mark was filed in class 37 with following description of goods:
Construction
Repair in relation to processing and working of materials of all kinds, including metal, wood, natural stone, concrete, building rubble, plastic, rubber, paper, compost, glass and ceramics, Other than repair in relation to the following goods: land vehicle
Installation services in relation to machines for processing and working of materials of all kinds, including metal, wood, natural stone, concrete, building rubble, plastic, rubber, paper, compost, glass and ceramics
Repair and maintenance of machinery
Rental of new or used machines, namely construction machines and spare parts and fittings.
The mark was filed in class 40 with following description of goods:
Treatment of materials, namely shaping, separating, joining, coating and modifying of substance properties, Other than material processing in relation to the following goods: Vehicles for use on land
Custom construction of machines
Application of wear resistant coatings to engineering components
Rental of new or used machines, namely crushing machines and spare parts and fittings.
The mark was filed in class 44 with Rental of new or used machines, namely agricultural machines and spare parts and fittings.