The trademark Battery Center was filed by METINDUSTRIAL (PTY) LIMITED -trading through its division FIRST NATIONAL BATTERY, a corporation established under the laws of the Republic of South Africa (the "Applicant"). The application was published for oppositions on September 28, 2003, and received one opposition filed on December 23, 2003 by CASTRO PAREDES SA (CAPASA) on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by TELLAVAS, S.L.U.
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 December 24, 2011.
of the trademark registration was recorded on December 24, 2011. Appointment and Replacement of representative of the trademark registration was recorded on April 29, 2003. Change of name and address of the trademark registration was recorded on June 6, 2004. A transfer of the trademark registration was recorded on July 2, 2007. Change of name and professional address of the trademark registration was recorded on August 19, 2007.
The Opposition with reference B 000666414 was rejected according to Rule 22(2) CTMIR with decision issued on March 21, 2006 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, electric and electrical equipment
Scientific electrical and electrical equipment
All types of batteries including electrical batteries and lead acid batteries for automotive, mining motive power, standby, surface traction, forklift, mine lighting and solar applications
All types of accumulators
Battery boxes
Battery chargers and battery jars
All accessories, parts and fittings related to and used in respect of the aforegoing.
The mark was filed in class 35 with Retail services in respect of scientific, electric and electrical equipment and all types of batteries including electric batteries and lead acid batteries for automotive, mining motive power, standby, surface traction, forklift, mine lighting and solar applications and all types of accumulators, battery boxes, battery chargers and battery jars and all accessories, parts and fittings related to and used in respect of the aforegoing.
The mark was filed in class 37 with Installation, servicing, rebuilding, reconditioning, repair and cleaning of scientific, electric and electrical equipment and all types of batteries including electric batteries and lead acid batteries for automotive, mining motive power, standby, surface traction, forklift, mine lighting and solar applications and all types of accumulators, battery boxes, battery chargers and battery jars and all accessories, parts and fittings related to and used in respect of the aforegoing.
The mark was filed in class 42 with Testing of scientific, electric and electrical equipment and all types of batteries including electric batteries and lead acid batteries for automotive, mining motive power standby, surface traction, forklift, mine lighting and solar applications and all types of accumulators, battery boxes, battery chargers and battery jars and all accessories, parts and fittings related to and used in respect of the aforegoing.