The trademark CAT was filed by DMEDIA COMMERCE S.P.A. in Liquidazione, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 13, 2008, and received one opposition filed on October 13, 2008 by Caterpillar Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 2008
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on March 29, 2009.
Goods And Services
The mark was filed in class 7 with Vacuum cleaners, electrical appliances for household use, apparatus for blending, beating, mixing, whipping, peeling, scraping, grating, mincing, cutting, grinding, slicing, kneading and grinding vegetables and other foodstuffs, electric kitchen machines, food processors, electric fruit presses, electric knives, knife sharpening machines, electric can openers, coffee grinders, pepper mills, electric scissors, ironing machines.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus.
The mark was filed in class 10 with Electric massage devices, foot massage and foot hydromassage apparatus, electric facial massage apparatus.
The mark was filed in class 11 with Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes
Jewellery, precious stones
Horological and chronometric instruments.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes (except paint brushes)
Brush-making materials
Articles for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes