The trademark WARKOS was filed by AVERNAZ S.A.S., a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 9, 2022, and received one opposition filed on September 6, 2022 by WIKUS-Sägenfabrik Wilhelm H. Kullmann GmbH & Co. KG on Identity of marks and G&S. the opponent was represented by REHBERG HÜPPE + PARTNER PATENTANWÄLTE PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 8 with following description of goods:
Spatulas [hand tools]
Trowels
Shovels [hand tools]
Rakes [hand tools]
Weeding forks [hand tools]
Hammers [hand tools]
Hand-operated implements
Rotary tools [hand-operated tools]
Hand-operated cutting tools
Screwdrivers, non-electric
Tongs [hand tools]
Agricultural hand tools
Extensions for hand tools
Emergency multi-tools [hand tools]
Abrading instruments [hand instruments]
Nippers [hand operated tools]
Snips [hand operated tools]
Hand-operated tools for drilling
Shears [hand operated tools]
Fastening and joining tools
Hand tools and implements [hand-operated]
Garden tools, hand-operated
Agricultural, gardening and landscaping tools
Hand tools for construction, repair and maintenance
All the above with the exception of saws.
The mark was filed in class 35 with Retail services in relation to the following goods: Spatulas [hand tools], Trowels, Shovels [hand tools], Rakes [hand tools], Weeding forks [hand tools], Hammers [hand tools], Hand-operated implements, Rotary tools [hand-operated tools], Hand-operated cutting tools, Screwdrivers, non-electric, Saws [hand tools], Tongs [hand tools], Agricultural hand tools, Extensions for hand tools, Emergency multi-tools [hand tools], Abrading instruments [hand instruments], Nippers [hand operated tools], Snips [hand operated tools], Hand-operated tools for drilling, Shears [hand operated tools], Fastening and joining tools, Hand tools and implements [hand-operated], Garden tools, hand-operated, Agricultural, gardening and landscaping tools, Hand tools for construction, repair and maintenance.