The trademark SMILEY MONROE was filed by SMILEY MONROE LIMITED, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on March 12, 2019, and received one opposition filed on June 11, 2019 by TENNECO AUTOMOTIVE OPERATING COMPANY Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 11, 2019
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 4, 2021. Appointment and Replacement of representative of the trademark registration was recorded on October 15, 2023. Change of name and professional address of the trademark registration was recorded on February 25, 2024.
Goods And Services
The mark was filed in class 1 with following description of goods:
Adhesives for industrial purposes
Additives (chemical -) for rubber vulcanising
Vulcanizing accelerators
Vulcanising preparations
Vulcanisation accelerators
Contact cements for industrial purposes
Cement for mending broken articles
Cement set accelerators
Rubber based cements [adhesives] for industrial use
Synthetic polymer modified resin compound for use in cementitious repairs
Rubber cements for repairing conveyor belts
Preservatives for cement
Silicone resins
Cement preservatives, except paints and oils
Epoxy resins, unprocessed
Epoxy glue for general bonding and repair purposes
Oil cement [putty]
Plasticizers
Plastics, unprocessed
Polymer resins, unprocessed
Rubber preservatives
Silicones
Synthetic resins, unprocessed
Gums [adhesives] for industrial purposes
Acrylic resins, unprocessed
Artificial resins, unprocessed
Hardening agents
Hardening preparations
Hardening preparations for metals
Hardening agents for processed plastics
Chemical hardening preparations
Chemical preparations for hardening surfaces
Chemical compositions for hardening cement
Hardening agents for resins
Hardeners for epoxy resins
Hardening agents for plaster
Catalysts for hardening purposes
Quick bonding adhesives for industrial use
Adhesives of synthetic origin for industrial use
Adhesives for use in construction
Adhesives for waterproofing
Adhesives for industrial use
Industrial adhesives for use in coating and sealing
Industrial adhesives
Plastic adhesives for industrial purposes
Polyurethane adhesives for industrial purposes
Synthetic resin adhesives for industrial purposes
Adhesive chemicals for improving the performance and duration of chemical products for use in industry
Synthetic resins that are used to repair and fill holes and cracks, adhere to surrounding materials and seal surfaces for use in harsh environments
Composition of adhesives and fillers for repairing seals
Thermoplastic and thermosetting adhesives and cements for industrial purposes
Unprocessed thermoplastic compounds, thermoplastic elastomer resins and thermoplastic concentrates for use in manufacturing in a wide variety of industries
Plasticizers for plastics
Plastics in unprocessed form, in powder, liquid or paste form
Unprocessed plastics for industrial use
Silicon
Unprocessed synthetic resins
Vulcanization accelerators
Chemical preparations for vulcanization
Chemical preparations for vulcanizing.
The mark was filed in class 2 with following description of goods:
Primers
Epoxy primers
Sealant primers
Coatings for use as primers
Pre-treatment coatings for inorganic metal surfaces to improve adhesion and corrosion resistance
Coatings comprised of cement
Gum resins
Unprocessed natural resins for use in the manufacture of adhesives
Resin-based coatings for use on conveyer belts
Mastic [natural resin]
Mastic being unprocessed natural resin
Natural resins, raw.
The mark was filed in class 4 with following description of goods:
Lubricants and industrial greases, waxes and fluids
Industrial lubricants
Lubricants for machines
Lubricants for industrial machinery
Lubricants for use on conveyors
Lubricants having cleaning properties
Lubricants for conveyor belts containing a cleaning agent
Lubricants for conveyor chains containing a corrosion inhibitor
Lubricants for conveyor chains containing a disinfecting agent
Lubricants for metallic surfaces
Lubricants containing low friction additives
Industrial grease
Industrial oil
Industrial wax
Lubricants
Non-slipping preparations for belts
Lubricating grease
Lubricating oil
Grease for belts
Belting wax
None of the aforesaid goods relating to automotive land vehicles.
The mark was filed in class 6 with following description of goods:
Hardware of metal, small
Metal panels
Machine belt fasteners of metal
Bolts of metal
Bolts, flat
Braces of metal for handling loads
Buckles of common metal [hardware]
Building materials of metal
Eye bolts
Hooks [metal hardware]
Latch bars of metal
Latches of metal
Laths of metal
Pins [hardware]
Metal clips
Clip clamps of metal
Metal washers
Rivets of metal
Metal nuts
Metal clasps
Pulleys [metal hardware]
Metal brackets
Screws of metal
Reinforcing materials of metal for machine belts
Webbed belts (metallic -) for handling loads
Steel, unwrought or semi-wrought
Parts and fittings for all the aforesaid goods.
The mark was filed in class 7 with following description of goods:
Conveyors and conveyors belts
Belt conveyors
Belts for conveyors
Belts for machines
Belts for motors and engines
Handling apparatus for loading and unloading
Roller tracks for use in belt conveyor apparatus
Roller tracks for use in roller conveyor apparatus
Machine coupling and belting except for land vehicles
Couplings for machines
Rubber tracks being parts of crawlers on agricultural machines
Rubber tracks being parts of crawlers on construction machines
Rubber tracks being parts of crawlers on loading-unloading machines and apparatus
Rubber tracks being parts of crawlers on mining machines
Rubber tracks being parts of crawlers on snow ploughs
Rubber tracks being parts of excavating machines
Tools [parts of machines]
Pulleys
Pulleys [parts of machines]
Sifting installations
Filters [parts of machines or engines]
Reels [parts of machines]
Machine tools
Guards [parts of machines]
Blades [parts of machines]
Blade holders [parts of machines]
Couplings, other than for land vehicles
Brushes [parts of machines]
Rubber tracks being parts of construction machines
Rubber tracks being parts of mining machines
Rubber tracks being parts of building machines
Belt drives
Belt pulleys
Belt pulleys being parts of machines
Belt tensioners
Roller bearings
Roller bearings for machines
Roller bridges
Drive pulleys
Screw pulley blocks [parts of machines]
Pulleys incorporating bearings [parts of machines]
Metal pulleys being parts of machines
Idling pulleys being parts of machines
Spur wheel pulley blocks [parts of machines]
Perforated screens being parts of machines for sorting of materials
Perforated screenplates being parts of machines for sorting of materials
Perforated plates being parts of machines for sorting materials
Screening rollers [parts of machines]
Disc screens [parts of machines]
Wear plates for machines
Machine guides [parts of machines]
Grabs [parts of machines]
Machine tools for removing waste material
Scraper apparatus [machines] for removing sludge
Mechanical seals [machine parts]
Sealing joints [parts of machines]
Valve closure mechanisms
Adhesive bands for pulleys
Bushing assembly for conveyor pulleys
Rubber vulcanizing apparatus
Conveyor accessories, namely, a conveyor belt washing device fixable to the conveyor for contacting the conveyor belt to remove debris from the conveyor belt
Machine parts, namely, conveyor belts, rubber tracks, screening separators, sifters, wear plates and strips, roller chains, pulleys, belt pulleys, rollers coated with synthetic material, couplers and semi-couplers, blades, blade holders, brushes, reels, filters, guards
Replacement parts for machines, namely, replacement parts for conveyors, namely conveyor belt parts, pulleys, belt pulleys, rollers coated with synthetic material, couplers and semi-couplers, screening separators, sifters, wear plates and strips and tool bits
None of the aforesaid goods pertaining to shock absorbers or suspension parts.
The mark was filed in class 17 with following description of goods:
Acrylic resins, semi-processed
Caulking materials
Gum, raw or semi-worked
Liquid rubber
Rubber solutions
Plastic substances, semi-processed
Rubber, raw or semiworked
Synthetic resins, semi-processed
Synthetic rubber
Vulcanized fiber
Vulcanized fibre
Waterproof membranes of vulcanised fibre
Low temperature vulcanizable rubber compounds
Grommets made of vulcanized fibre
Gaskets
Gaskets for industrial use
Non-metal gaskets
Gasket material
Plastics fibres for use in the manufacture of gaskets
Gaskets in the form of sheets
Gaskets for use as a fluid tight seal
Sealing gaskets (nonmetallic -) [other than for ships]
Non-metal gaskets for use as seals in conveyors
Seals, sealants and fillers
Sealing and insulating materials
Padding materials of rubber or plastics for industrial machines and machinery
Rubber sleeves for protecting parts of industrial machines and machinery
Reinforcing materials, not of metal, for pipes
Artificial resins, semi-processed
Chemical compositions for repairing leaks
Washers of rubber or vulcanized fibre
Washers of rubber or vulcanized fiber
Adhesive sealants
Adhesive sealant and caulking compound
Waterproof sealants
Sealants for joints
Weather seals (non-metallic -)
Adhesive sealant and caulking compounds
Joint sealing compounds
Sealing compounds [mastics]
Silicone sealants
Polyurethane sealants
Fluid seals
Plastic seals
Fireproof seals
Dust proofing sealants
Insulating adhesives
Sealing strips (Non-metallic -)
Sealing membranes (non-metallic -)
Sealing assemblies (non-metallic -)
Seals (non-metallic -) for joints
Seals (non-metallic -) for conduits
Caulking compounds for sealing cracks
Elastomeric sealing material being vapour impermeable
Oil-tight synthetic resin coatings for the surface sealing
Seals (non-metallic -) for the reduction of friction in metals for industrial machines and machinery
Sealing elements consisting of rubber
Rubber
Rubber sheets
Acrylic based sealants and adhesives
Silicone based sealants and adhesives
Rubber sealant for caulking and adhesive purposes
Self adhesive plastic sheets for use in manufacturing
Adhesive-coated plastic sheets for use in manufacture
Parts and fittings related to all the aforesaid goods
None of the aforesaid for or in relation to shock absorbers.
The mark was filed in class 37 with Repair or maintenance of conveyors and repair of conveyor belts by vulcanization..
The mark was filed in class 40 with following description of goods:
Custom manufacture of molded components
Moulding of synthetic products
Molding of plastic materials
Custom molding of plastics and rubbers for others
Custom manufacture of metal hardware
Custom manufacture of tools for others
Assembly of products for others
Custom assembling of materials for others.
The mark was filed in class 42 with following description of goods:
Design services
Industrial design
Technical design
Custom design services
Design of products
Design of engineering products
Design and development of new products
Engineering services relating to machine tool design
Research and development of new products for others
All the aforesaid relating to conveyor belt machines, conveyor belts and conveyor belt parts.