The trademark ELMAG was filed by ELMAG Entwicklungs und Handels GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 15, 2023, and received one opposition filed on August 15, 2023 by ELME Spreader AB on Likelihood of confusion. the opponent was represented by ZACCO SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2023
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:
Metalworking machines
Stone-working machines
Separating machines
Tile cutters [machines]
Band saws
Rammers [machines]
Diamond cutting tools for machines
Portable air tools
Reeling apparatus, mechanical
Reeling apparatus, mechanical
Reels, mechanical, for flexible hoses
Milling machines
Drill presses being machines
Lathes [machine tools]
Emergency power generators
Emergency power supply generators
Circular saws
Oxyacetylene welding apparatus
Gas welding machines
Oxyacetylene welding machines
Spot welding machines
Plasma cutting machines
Loaders [machines]
Sand-blasting apparatus
Spray paint machines
Pumps, compressors and blowers
Compressed air machines
Oil separators
Oil separators [machines]
Grease filters [parts of machines]
Current generators
Emergency power generating installations.
The mark was filed in class 8 with Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance and Caulking cutters [hand tools]..
The mark was filed in class 9 with following description of goods:
Energy storage apparatus
Batteries
Battery chargers
Remote starter systems, for use in relation to the following goods: Electrical current generators
Chargers
Protective and safety equipment
Welding helmets
Head protection
Silicon controlled rectifiers.
The mark was filed in class 11 with Lighting installations and Heating apparatus..
The mark was filed in class 12 with Forklift trucks.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Retailing and wholesaling, Including online, in relation to the following goods: Pneumatic compressors, Air-powered tools, Welding apparatus and Soldering accessories, Metal working machines and Accessories for metalworking machines, Stone separating machines and fittings for stone separating machines, Electric current generating generators and Batteries.
The mark was filed in class 37 with installation, Deinstallation, fix and Maintenance in relation to the following goods: Compressed air machines, Pneumatic air tools, Welding apparatus, Metal working machines, Stone cutting machine and Electric current generating generators.