The trademark FIXX was filed by Batavia B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 22, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on February 22, 2023 by DEHA Elektrohandelsgesellschaft mbH & Co. KG on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and its proceedings were handled in German The second opposition filed on February 6, 2023 by Ahlsell AB (publ) on Likelihood of confusion. the opponent was represented by ADVOKATFIRMAN MARLAW AB and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003189881 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 28, 2024 by the EUIPO. The Opposition with reference B 003190843 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 5, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Power operated tools
Propulsion mechanisms, other than for land vehicles
Agricultural implements other than hand operated hand tools
Vending machines
Jacks [machines]
Elevating apparatus
Lawnmowers [machines]
Machine tools
Grinding machines
Machines and apparatus for cleaning, electric
Spray guns for paint
Drilling machines
Saws [machines]
Sharpening machines
Control mechanisms for machines, engines or motors
Power saws
Cleaning appliances utilizing steam
Electric hammers
High pressure washers
Air brushes for applying colour
Blowing machines
Screwdrivers, electric
Cutting, drilling, abrading, sharpening and surface treatment machines and apparatus
Power drills and bores
Grinders, Sanding machines
Spray paint machines
Vacuum cleaners
Jig saws
Power operated blowers
Stitching machines
Motors and engines (except for land vehicles)
Power transmission couplings [other than for land vehicles]
Transmission components (except for land vehicles)
Agricultural implements, other than hand-operated
Moving and handling equipment
Power saws
Electric hand drills
Sweeping machines
Hammering machines
Electric, pneumatic and/or mechanically driven apparatus and parts and components of the aforesaid apparatus
Machines for processing metal, wood and plastic
Machines for use in the chemical industry, the drinks industry, agriculture and mining
Textile machines, packing machines
Construction machines
Portable electric planes
Portable electric notching machines
Electrically operated trowel or spatula machines
Electrically operated portable circular saws
Tenoning machines
Electrically operated portable borers, in particular vibrating borers
Portable percussion hammers
Automatically operating portable gouges
Portable electric articulated chisels
Portable electric trueing machines, in particular portable trueing machines with electrically powered grindstones
Portable sanders with electrically powered sandpaper discs or with electrically powered webbing consisting of sandpaper
Incubators for eggs
All the aforesaid goods other than separators and centrifuges, and machines and apparatus for extracting and processing milk and milk products.
The mark was filed in class 9 with following description of goods:
Recorded media
Downloadable media
Blank digital or analogue recording and storage media
Calculating devices
Computer peripheral devices
Scientific apparatus and instruments, Research apparatus and instruments, Navigation apparatus and instruments, Nautical apparatus and instruments, Surveying apparatus and instruments, Photographic apparatus and instruments, Cinematographic apparatus and instruments, Audiovisual apparatus and instruments, Optical apparatus and instruments, Weighing apparatus and instruments, Measuring apparatus and instruments, Signalling apparatus and instruments, Detecting apparatus and instruments, Testing apparatus and instruments, Inspecting apparatus and instruments, Life-saving apparatus and instruments and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Coin-operated mechanisms
Cash registers
Calculating devices
Data processing equipment
Computers
Computer software
Fire extinguishers
Batteries, electric
Accumulators, electric
Respirators for filtering air
Smartwatches
Data processing apparatus
Batteries and battery packs
Battery chargers
Transformers [electricity]
Parts and fittings for all the aforesaid
Software and hardware for use in controlling or operating power tools
Mouse pads
Safety footwear, Clothing for protection against accidents and injury
Gloves for protection
Protective aprons
Personal protection equipment
Face masks
Face-protection shields
Safety goggles
Protective headgear
Electric measuring apparatus and instruments
Electrical and optical guidance and distance measuring devices for use with power tools
Tripods
Binoculars
Cameras [photography]
Eye-shades
Magnifying glasses [optics]
Cables, electric
Voltmeters
Ammeters
Smoke alarms
Alarm installations
Carpenters' rules
Measures
Measuring tapes
Protractors [measuring instruments]
Spirit levels
Digital levels
Adapters
Wires, electric
Electrical power extension cords
Lights, namely Stroboscopic lamps [warning beacons] and Rotating lights [signalling]
Flashlights
Parts and accessories for all of the aforementioned.
The mark was filed in class 11 with Lights and lamps.