The trademark MARINOX was filed by ENNIO RIGO, a national of the Italian Republic (the "Applicant") and NADIO MARCONATO, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 27, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 26, 2020 by ALI GROUP S.R.L. on Likelihood of confusion. the opponent was represented by BARZANO' & ZANARDO MILANO S.P.A. and its proceedings were handled in IT The second opposition filed on August 17, 2020 by COLOREX COMÉRCIO E DESENVOLVIMENTO DE PRODUTOS LTDA. on Likelihood of confusion. the opponent was represented by JONAS RECHTSANWALTSGESELLSCHAFT MBH and its proceedings were handled in English The third opposition filed on August 16, 2020 by ERC Emissions-Reduzierungs-Concepte GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SKW SCHWARZ RECHTSANWÄLTE and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003128697 was rejected according to Article 8(1)(a) EUTMR with decision issued on June 13, 2022 by the EUIPO. The Opposition with reference B 003128751 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 10, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Regulating and safety accessories for water and gas installations
Heating, ventilating, air conditioning and purification equipment (ambient air)
Burners, boilers and heaters
Fireplaces
Flues and installations for conveying exhaust gases
Igniters
Lighting and lighting reflectors
Filters for industrial and household use
Drying installations
Industrial treatment installations
Sanitary installations, for use in the following fields: water supply
Personal heating and drying implements
All the aforesaid goods, not in relation to the following fields: Serving food and drinks
Sun tanning appliances
Nuclear installations
Sanitation equipment.
The mark was filed in class 21 with following description of goods:
Brush-making materials
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Unworked and semi-worked glass, not specified for use
Devices for pest and vermin control
Drinking troughs
Animal activated livestock waterers
Watering troughs for cattle
Drinking troughs for poultry
Poultry rings
Metal pans for cattle
Nest eggs, artificial
Feeding troughs
Poultry troughs
Mangers for sheep
Mangers for cows
Pig troughs
Mangers for horses
Animal activated livestock feeders
Feeding troughs for livestock
Mangers for animals
Feeding troughs of metal for cattle
Brushes for grooming horses
Mane brushes [horse combs]
Horse brushes of wire
Horse brushes
Ultrasonic bird repellers
Horse combs.
The mark was filed in class 37 with following description of goods:
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Extermination, disinfection and pest control
Extraction of natural resources
Building, construction and demolition
Assembling [installation] of shelving
Assembling [installation] of machine plant
Servicing of industrial boilers
Erection of formwork for restoration and maintenance
Erection of formwork for civil engineering construction
Erection of formwork for building and construction
Erection of signs
Providing information relating to the repair or maintenance of printing machines
Providing information relating to the repair or maintenance of power generators
Providing information relating to the repair or maintenance of signboards
Providing information relating to the repair or maintenance of automobiles
Providing information relating to the repair or maintenance of gasoline station equipment
Providing information relating to the installation of machinery
Providing information relating to the repair or maintenance of painting machines and apparatus
Providing information relating to the repair or maintenance of construction machines and apparatus
Providing information relating to the repair or maintenance of metalworking machines and tools
Provision of information, advice and consultancy relating to cleaning
Installation of sanitary apparatus
Medical apparatus installation
Installation of security and safety equipment
Repair information
Installation of interior partitions for buildings
Installation of industrial plant
Installation of racks
Installation of shelving
Installing fencing
Machinery installation, maintenance and repair
Installation, repair and maintenance radiators for motors and engines
Maintenance of consumer electric appliances
Repair of electronic apparatus
Renovation of machinery
Plant refurbishment
Interior refurbishment of buildings
Repair of metalworking machines and apparatus
Maintenance and repair of presses for processing metals
Maintenance and repair of compressors
Repair of tools
Maintenance and repair of electronic installations
Repair or maintenance of metalworking machines and tools
Tinkering
Reconditioning of industrial machinery
Welding for repair purposes
Electrical wiring services
Tube maintenance services
Artificial snow-making services
Fence erection services
Apartment refurbishment services
Machinery retrofit and conversion services
Industrial cleaning services
Buffing and polishing
Painting and decorating services
Rustproofing
Anti-corrosion treatment
Painting and varnishing
Mechanic services
Spray painting of metals.
The mark was filed in class 40 with following description of goods:
Air and water conditioning and purification
Duplication of audio and video recordings
Slaughtering
Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing
Energy production
Printing, and photographic and cinematographic development