The trademark eco was filed by Shimadzu Corporation, a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on October 8, 2006, and received one opposition filed on January 8, 2007 by Altay Holding S.p.A. on Likelihood of confusion. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 8, 2007
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The renewal of the trademark was recorded by the office on October 7, 2015.
Change of name and professional address of the trademark registration was recorded on August 19, 2007. Change of name and address of the trademark registration was recorded on October 23, 2008. Change of name and professional address of the trademark registration was recorded on October 1, 2012. Change of name and professional address of the trademark registration was recorded on November 5, 2013. Change of name and professional address of the trademark registration was recorded on November 14, 2013. Change of name and professional address of the trademark registration was recorded on November 27, 2013. Change of name and professional address of the trademark registration was recorded on December 16, 2013. Change of name and professional address of the trademark registration was recorded on July 20, 2015. Change of name and professional address of the trademark registration was recorded on September 6, 2016. Change of name and professional address of the trademark registration was recorded on July 31, 2018. Change of name and professional address of the trademark registration was recorded on December 2, 2020. Change of name and professional address of the trademark registration was recorded on October 7, 2021.
The Opposition with reference B 001100843 was rejected according to Article 8(1)(b) CTMR with decision issued on July 21, 2009 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Metalworking machines and tools
Mineworking machines and instruments
Construction machines and apparatus
Cargo handling machines and apparatus
Chemical processing machines and apparatus
Textile machines and apparatus
Food or beverage processing machines and apparatus
Lumbering machines and instruments, wood and plywood working machines and apparatus
Pulping machines, papermaking machines, paper processing machines
Printing machines, bookbinding machines
Packaging or wrapping machines
Metalworking machines and tools using laser
Semi-conductor manufacturing apparatus using laser, electronic circuit manufacturing apparatus using laser
Plastic processing machines
Semi-conductor manufacturing apparatus
Rubber processing machines
Stone working machines
Pumps, namely, centrifugal pumps, compressed air pumps, electric pumps, fuel pumps for land vehicles, gear pumps, oil drain pumps, oil pumps for land vehicles, oil pumps for use in motors and engines, plunger pumps, pneumatic pumps, pumps for cooling engines, rotary pumps, screw pumps, silt pumps, sludge pumps, submersible pumps, suction pumps, sump pumps, turbo molecular pumps, vacuum pumps, vertical turbine pumps, water pumps for land vehicles, water pumps for use in motors and engines
Prime movers other than for land vehicles
Accessories for prime movers of land vehicles
Pneumatic or hydraulic machines and instruments, vacuum equipment, liquid lubrication equipment, hydraulic equipment
Agricultural machines and implements
Fishing machines and implements
Sewing machines
Glassware manufacturing machines
Shoe machines
Leather tanning machines
Tobacco processing machines
Adhesive tape dispensers (machines)
Stamping machines
Starters for motors and engines
Alternating or direct current motors other than alternating or direct current motors for land vehicles excluding their accessories
Alternating current generators
Direct current generators [alternators]
Mechanical parking installations
Lawnmowers
Dishwashers
Repairing machines
Electric wax-polishing machines
Electric washing machines
Vacuum cleaners
Electrically operated brushes
Electric blenders
Electrically operated curtain drawers
Potters' wheels
Painting machines
Vehicle washing installations
Waste compacting machines
Waste crushing and shredding apparatus
Machine elements other than for land vehicles
Heat treatment furnaces
Equipment for railroad cars
And glass fiber winders
Metal cutting machines for metal works
Electric welding apparatus.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, optical, weighing and signalling apparatus and instruments, analytical instruments, for physical or chemical use, testing and inspection machines, material testing machines, structure testing machines, dynamic balancing machines, nondestructive inspection apparatus
Measuring apparatus and instruments, spectroscopic apparatus, electromagnetic analytical apparatus, chromatographs, mass spectrometers, thermal analysis instruments, environmental pollution analyzers, balance and balance appliance, powder and particle property analyzers, magnetometers, laboratory automation systems, material testing machines, structure testing machines, dynamic balancing machines, nondestructive inspection apparatus, and software and storage media therefor
Process control equipment and instruments, sensor and transducers for temperature, flow, pressure, and level, electronic and pneumatic indicating recorders and controllers, digital instrumentation systems, instrumentation panels, process analysis instruments, magnetic, infrared ray, ultraviolet ray, thermo conductive and chemiluminescence gas analyzers, electrochemical, photometric, liquid analyzers, moisture meters, control equipment, electric valve actuators, optical transmission systems for valve actuator
Liquid analyzers, gas analyzers, gas and liquid analyzers with pumps, analyzer units comprising pumps for gas and liquid for laboratory use
Biotechnology instruments for research and development, automatic DNA synthesizers, DNA sequencers, somatic hybridizers, electrogene transfer equipments, plasmid extractors, micro manipulators, high density cell culture systems, protein sequencers, amino acid analyzers, peptide synthesizers, capillary liquid chromatographs, photosynthesis and transpiration measuring apparatus, ultrasonic crusher system
Data processing equipment, software and computers for scientific, nautical, surveying, optical, weighing, analytical and signalling apparatus and instruments
Computer software
Semiconductor device
Laser generators for laboratory use
Laser diode
Leveling instruments using laser
Lasers, not for medical purposes
Laser cameras
Laser measuring apparatus
Electric computers
Electrical communication apparatus and instruments, electronic devices, hybrid IC, multilayer printed circuit board, flexible printed circuit board, printed circuit board (in accordance with MIL standard), CAD design
Optical communications instruments and components, optical transmission devices, optical isolators, wavelength division multiplexer-and-demultiplexer, compound optical components for optical fiber amplifiers, optical connectors, optical switches, LED, photo-diodes, optical passive module, optical digital links, optical video links, optical modems, optical elements, blazed holographic gratings (BHG), aspherical optical elements, precision flats and etalons, polarizers, grid polarizers, precision grid plates, lens, mirrors, specially processed products, units for optical equipment, optical system units, vibration isolators, optical design
Electrical distribution or control machines and instruments
Rotary converters
Phase modifiers
Ear plugs
Batteries
Electric or magnetic measuring machines and instruments
Electric wires and cables
Photographic apparatus and instruments
Cinematographic apparatus and instruments
Optical apparatus and instruments
Processed optical glass not for buildings
Electric arc welding machines
Ozonizers, ozonators
Electrolyzers
Egg-candlers
Cash registers
Coin counting and sorting machines
Operation recording machines
Photo-copying machines
Manually operated calculators
Drawing or drafting machines
Time stamping machines
Time recording apparatus, namely, time recorders
Punch card machines
Voting machines
Billing machines
Apparatus to check stamping mail
Vending machines, automatic distribution machines
Gasoline station equipment
Coin-operated gates for car parks or parking lots
Life saving apparatus and equipment
Fire extinguishers
Fire hydrants
Fire hose nozzles
Sprinkler system
Fire alarms
Gas escape warning apparatus
Anti-theft warning apparatus
Protective helmets
Railway signal equipment
Vehicle breakdown warning triangles
Luminous or mechanical road signs
Divers' apparatus
Video game apparatus for industrial use
Electric automatic door openers
Vehicle driving training simulators
Sports training simulators
Electric flat irons
Electrically heated hair-curlers
Electric buzzers
Magnetic cores
Resistance wires
Electrodes
Fire boats
Fire engines
Cigar lighter for automobiles
Gloves for protection against accidents
Dust masks
Gas masks
Welding masks
Fireproof clothing, clothing for protection against fire
Spectacles
Video game apparatus for personal use
Electronic circuits and CD-ROM programmed software for games for cell phones
Slot machines
Weight belts
Wetsuits
Inflatable swimming floats
Helmets for protective purpose
Air tanks
Regulators
Records
Metronomes
Electronic circuits and CD-ROM programmed with automatic playing software for electric musical instruments
Calculating scales (slide-rules)
Cinematographic films
Slide films and transparencies
Slide film mounts
Pre-recorded video discs and tapes
Electronic publications, namely, magazine and manual featuring recorded on computer media
Polychromator photometry system, monochromators
And printers
Surgical and medical apparatus, instruments and equipment, namely data processors and picture and communications systems.
The mark was filed in class 10 with Surgical and medical apparatus, instruments, systems and equipment, namely, MRI systems, CT scanners, X-ray diagnostic systems, X-ray TV systems, image intensifiers, X-ray tube units, angiographic systems, nuclear medicine apparatus, gamma cameras, emission CT scanners, ultrasound diagnostic instruments, radio therapy related systems, computer assisted neurosurgery system navigators, radiotherapy system, X-ray CT simulators, medical information systems, total healthcare systems, home nursing support systems, surgical operation apparatus, operating tables, clean zone hatches for patients, examination tables, clinical chemistry analyzers, clinical spectrometers, non-invasive oxygen monitors, health maintenance apparatus, multi-phasic health testing system, hospital equipment, namely, operating tables, and clean hatches and all afore-mentioned goods not being repositories and instruments made of plastic for application of medicaments..
The mark was filed in class 11 with following description of goods:
Electric lamps
Lighting fixtures
Andon (standing paper lanterns)
Gas lamps
Oil lamps
Portable paper lanterns (Chinese lanterns)
Industrial furnaces
Kilns and ovens
Nuclear reactors (atomic piles)
Personal heaters
Boilers
Gas water heaters
Kitchen tables
Sinks
Heating apparatus
Fryers for industrial use
Dishes drying machines for industrial use
Rice cookers for industrial use
Boiling pots for industrial use
Roasters for industrial use
Cooking range for industrial use
Freezing and refrigerating equipment
Ice boxes and ice chests
Ice-cooled refrigerators
Air purifiers (apparatus) and smoke neutralizers for household use
Air purifiers (apparatus) and smoke neutralizers for industrial use
Forage drying apparatus
Milk pasteurizers
Drying apparatus
Shoes sterilization apparatus
Recuperators
Steamers
Evaporators
Distillation apparatus
Heat exchangers
Heating or air-conditioning equipment
Machines and apparatus used in beauty salons or barber's shops excluding hairdressers' chairs
Solar water heaters
Household electric heating appliances
Level controlling valves in tanks
Waste water purification tanks
Household waste water purification tanks
Household septic tanks
Garbage incinerators
Septic tanks
Toilet stools with washing water squirter
Disinfectant dispensers for toilets
Toilet bowls
Toilet seats for Japanese toilets
Warming pans
Pocket warmers and Kairo (Japanese pocket warmers)
Stick fuel for Japanese pocket warmers (Kairo-bai)
Heating and cooling devices filled with chemical substances
And hot water bottles for foot warming.
The mark was filed in class 12 with following description of goods:
Ships and boats and their parts and fittings
Aircrafts and their parts and fittings
Railway rolling stock and their parts and fittings
Motor vehicles and their parts and fittings
Motorcycles and their parts and fittings
Bicycles and their parts and fittings
Baby carriages, prams
Wheelchairs
Rickshaws
Sleighs
Wheelbarrows, sack-barrows
Carts
Horse drawn carriages
Bicycle trailers
Cable transport installations for cargo handling
Car-dumpers
Car-pushers
Car-pullers
Tractors, traction engines
Motors non-electric and their parts for land vehicles other than their parts
Machine elements for land vehicles
Alternating current motors and direct current motors for land vehicles other than their parts
Adhesive rubber patches for repairing tubes and tires
Anti-theft devices for vehicles
And parachutes.
The mark was filed in class 42 with following description of goods:
Meteorological information
Architecture surveying
Geological survey and research and prospecting
Designing of machines, apparatus, instruments and parts therefor or systems composed of such machines, apparatus and instruments
Designing
Computer programming and maintenance of computer software
Technical advice realting to the performance, operation of computers, automobiles and other machines that require sophisticated expertise, skill or experience of the operators to meet the required accuracy in operating them
Testing, screening and research of pharmaceuticals, cosmetics and food
Research for building construction and city planning
Testing and research for environment
Testing and research for prevention of pollution
Electrical testing and research
Civil engineering testing and research
Testing, inspection and research for agriculture
Testing and research for machines and implements
Testing and research for gas and liquid
Testing and research for metal and mineral
Litigation and other legal services and advice
Services by judicial scriveners
Rental and leasing of measuring apparatus and instruments
Rental and leasing of computers, providing computer software
Rental and leasing of physical or chemical apparatus and instruments
Rental or leasing of drawing instruments
And rental or leasing of measuring apparatus and instruments.