The trademark EKOTANK was filed by EKO-TANK, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on April 17, 2023, and received one opposition filed on July 2, 2023 by ECOTANK s. r. o. on Likelihood of confusion. the opponent was represented by Porubčan, Róbert and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 2, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 8, 2023.
The Refusal with reference B 018699278 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 19, 2022 by the EUIPO. The Opposition with reference B 003198869 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical additives to fuel
Chemical motor oil additives
Detergent additives for fuels
Power steering fluids
Brake fluid
Hydraulic fluid
Coolants for motor vehicles
Coolants for vehicle engines
Chemical releasing agents
Fatty acid-based gasoline fuel conditioners
Fuel economising compositions
Chemical adsorbents for removing impurities from fuel
Additives (Chemical -) for industrial oils
Chemical additives for fuel treatment
Additive concentrates (Chemical -) for motor fuels
Engine-decarbonising chemicals
Chemical additives for use in the production of fuels
Chemicals for use in industry and science
Chemical preparations for use in industry
Chemical products for insertion into vehicle tyres to repair them
Anti-freezing additives (Chemical -) for fuels
Chemical preservatives for use as corrosion inhibitors on automobile exhaust systems
Chemical petrol additives
Chemical preparations for filling of dents in the repair of vehicle bodies
Chemical preparations for filling of holes in vehicle bodies
Chemical preparations for filling of flaws in the repair of vehicle bodies
Chemical preparations for assisting the starting of internal combustion engines
Chemical products for insertion into vehicle tyres to protect them
Chemical products for insertion into vehicle tyres to strengthen them
Chemical additives for diesel fuels
Chemical additives for engine cooling systems
Chemical additives for fuel injection system cleaners
Fuel injection cleaner chemical additive
Chemical additives against rust for automotive cooling systems
Additives for raising the cetane number of diesel fuel
Chemical additives for use with internal combustion engine fuels
Decontaminants for fuels
Automobile gasket cement
Fatty acid-based diesel fuel conditioners
Compositions for repairing vehicle tyres
Antifreeze for vehicle radiators
Anti-freeze for vehicle cooling systems
Automobile brake system leak sealants
Automobile cooling system leak sealants
Automobile tire inflator sealers
Automobile power steering system leak sealants
Cooling fluids for vehicle radiators
Coolants for vehicle engines
Engine coolants.
The mark was filed in class 4 with following description of goods:
Alcohol [fuel]
Ultra fine oils for engines
Gasoline (fuel)
Industrial petrol
Petrol
Biodiesel
Benzene fuel
Biofuels
Non-chemical additives for fuels to prevent combustion chamber deposits
Fuel additives for inhibiting ash deposition in fossil fuel burning apparatus
Non-chemical additives for engine oils
Anti-freezing additives (non-chemical) for fuels
Methylated spirits (denatured alcohol for fuels)
Electrical energy
Ethanol (motor fuel)
Shale gas
Liquefied propane-butane gas
Liquefied petroleum gas
Propane gas
Landfill gas
Synthetic gas [fuel]
Oxygen gas in the form of liquefied hydrocarbon for use in flare stacks
Natural gas
Fuel gas
Liquefied gases for use in motor vehicles
Solidified gases [fuel]
Gases
Non-mechanical additive concentrates for motor fuels
Non-chemical additive concentrates for lubricants
Gas mixtures
Fuel mixtures
Gas cartridges
Paraffin oil
Non- chemical fuel additives
Vaporised fuel mixtures
Oil-gas
Heating oil
Industrial oil, Process oils, Lubricants, Fuels, lubricants, The aforesaid goods included in this class
Motor oil
Honing and lapping oils for processing and metal treating
Metalworking oils and Drive oils, Paraffin oils
Oils for automobiles
Oils for gasoline and internal combustion engines, namely Mineral oils, Semi-synthetic oils and Synthetic oils
Oils for agricultural machines, road-building machines and small auxiliary equipment
Industrial oils and greases and lubricants
Lubricating oil and Lubricants
Petroleum, raw or refined
Mineral oils and greases for industrial purposes [not for fuels]
Mineral oils
Heat transfer oils
Lubricating oil, Gas oil, Heating oil, Base oils, Gear oil, Hydraulic oils, Compressor oils, Turbine oils, Engineering oils and Transport oils, Printing ink oils, Oils for the preservation of masonry, Oils for the preservation of leather and Oils for textile preservation
Synthetic oils
Fine oils for engines
Oils containing rust preventing additives
Gas oil
Fuels derived from crude oil
Combustible fuels
Liquid fuels
Hydrocarbon fuels derived from tar
Hydrocarbon fuels
Carburants, Biofuels, Fuel with an alcohol base, Carburants for aviation and Marine fuels
Bunker fuel
Motor-spirit fuel
Biodiesel fuel
Fuels for motor vehicles
Fuel gas
Methanol fuel
Mineral fuel
Carburants
Mineral motor fuel
Fuel
Pellet fuels
Penetrants
Cutting fluids
Technical gases: Propane gas, Butane
Liquid lubricants
Combustion improvers [oils]
Preparations improving combustion of fossil fuels
Manufactured solid fuels
Fuel products of pressed wood chips
Crude oil products derived from the refining of crude
Propane for use as fuel
Petroleum
Liquefied natural gas
Industrial lubricants
Lubricants
Lubricant
Greases for technical purposes
Lubricants for ducts
Motor vehicle lubricants
Synthetic lubricants
Automobile lubricants
Solid lubricants
Synthetic lubricants
All purpose lubricants
Spray-on lubricants
Lubricants
Methylated spirits [denatured alcohol fuels]
Engine starting sprays
Synthetic linear alcohols [fuel]
Synthetic lubricating oils
Artificial petroleum
Multipurpose synthetic lubricants.
The mark was filed in class 35 with following description of goods:
Writing of publicity texts and Dissemination of publicity texts
Advertising by mail order
Dissemination of advertisements
Market analysis
Retail and wholesale services in relation to: Chemicals derived from petroleum, Chemical additives for fuel, Chemical additives for oils and Chemical additives for lubricants, Chemical substances and preparations for use in industrial and manufacturing processes, Water (Distilled -), Emulsifiers
Retail and wholesale services in relation to: Consumable liquids, Brake fluids, tempering preparations, Hydraulic circuits (Liquids for -), Solvents for varnishes, Chemical regents, Preparations for reducing fuel consumption, Power steering fluids, preparations for tightening, Chemicals For industrial use, Unprocessed plastics, impregnating chemicals
Retail and wholesale services in relation to: Fuels, Liquefied gas, Motor gasoline, diesel oil, Fuel oils, Industrial oil, motor oils, paraffin, Aviation fuels, Petroleum coke, Xylol, Lubricants
Commercial representation for the following goods: solid fuels, liquid fuels and Gaseous fuels, Derived products, Parquet floor oils and Car fittings, Chemicals and semi-finished products
Advertising campaigns, Advertising, Promotion and Coupon promotion
Retailing promotion programmes for distribution channels, including service stations, oil change stations, garages and automotive shops
Retail and wholesale services in relation to: petroleum, solid fuels, liquid fuels, Gas fuels and derivatives, Parquet floor oils, Brake fluids, Hydraulic fluids, Motor vehicle coolants, Maintenance preparations, corrosive preparations, Parts for motor vehicles and Fittings for mechanical vehicles
Retail services in relation to: Food, Alcoholic beverages and Non-alcoholic drinks, Tobacco products, Stationery
Business consulting, for the following services: Trading of petroleum and petroleum-based products.
The mark was filed in class 37 with following description of goods:
Mobile telephone battery charging services
Maintenance services for refineries and petrochemical plants
Installation of refineries, petrochemical plants
Extracting of minerals.
The mark was filed in class 39 with following description of goods:
Distribution of energy
Transport of oil and gas by pipeline, Transport of chemicals by means of pipelines
Vehicle rental
Leasing of trailers
Garage services relating to the repair of motor vehicles.
The mark was filed in class 40 with following description of goods:
Processing of chemicals and Processing of petrochemicals
Refining services, manufacture, Forming, Mixing, Generation and Forming in relation to the following goods: Petroleum products, Chemical products, Goods of metal and other goods