The trademark MODULOUS was filed by Modulous 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 September 11, 2022, and received one opposition filed on December 7, 2022 by Vigobloco - Pré Fabricados, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PRA - RAPOSO, SÁ MIRANDA & ASSOCIADOS - SOCIEDADE DE ADVOGADOS, SP, RL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on March 27, 2024.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Metal materials for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Safes
Metal containers for storage or transport
Metal building materials
Metal structures
Building structures of metal
Linings of metal (building)
Metal frameworks
Sound insulating structures of metal
Insulated metal panels for buildings
Containers of metal for transport
Modular building units (metal)
Modular prefabricated steel framing
Modular portable building units of metal
Cables (non-electric) and pipes of metal
Clips of metal for cables and pipes
Conduit of metal for cables and pipes
Fitted windows (metal -)
Steel buildings
Ducts and pipes of metal for heating and cooling installations
Transportable constructions made of metal
Frames of metal for building
Metal buildings
Mouldings of metal for building
Metal roofing
Beams of common metal for building
Cladding of metal for building
Floor sections made of metal
Glazing panels [metallic framed] for use in construction
Gutters of metal
Joists of metal
Metal castings
Brackets of metal for building
Door fittings of metal
Metallic building components
Prefabricated metal buildings
Portable metallic constructions
Prefabricated metal constructions
Transportable metallic constructions
Mobile homes [portable buildings] of metal
Housing units of metal
Prefabricated houses [kits] of metal
Modular metallic structures
Modular prefabricated metal framing
Prefabricated metal building assembly kits
Parts and fittings for the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking [supervision], life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, dvds and other digital recording media
Mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment, computers
Computer software
Fire-extinguishing apparatus
Mechanical and electrical engineering software
Building control systems
Computer software supplied from the internet
Civil engineering software
Recorded media
Downloadable media
Media content
Media software
Downloadable educational media
Media development software
Media streaming software
Multi media recordings
Electronic databases recorded on computer media
Computer software for the display of digital media
Computer programming software
Recorded computer software
Computer software packages
Downloadable computer software
Computer graphics software
Computer operating software
Interactive computer software
3D computer graphics software
Computer aided manufacturing software
Computer software for database management
Software applications
Downloadable applications
Web application software
Computer application software
Application development software
Application suites [software]
Downloadable application software
Application simulation software
Building management software
Parts and fittings for the aforesaid goods
None of the aforesaid goods relating to the design, development and marketing of ultrasound systems and their components aimed at the medical sector, the industry and the general public.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for building and construction
Rigid pipes, not of metal, for building
Asphalt, pitch, tar and bitumen
Transportable buildings, not of metal
Monuments, not of metal
Building materials [non-metallic]
Non-metallic rigid pipes for building
Asphalt, pitch and bitumen
Non-metallic transportable buildings
Building and construction materials and elements, not of metal
Structural frameworks (non-metallic -) for buildings
Modular units (non-metallic -) for constructing prefabricated buildings
Prefabricated non-metallic constructions
Prefabricated building components (non-metallic -)
Building frames (non-metallic -)
Modular building units (non-metallic -)
Prefabricated garages, not of metal
Prefabricated houses (non-metallic -)
Drainage installations (non-metallic -)
Movable non-metallic framed studio platform units
Frames (non-metallic -) for use with partition
Buildings, transportable, not of metal
Beams, not of metal
Bricks
Building glass
Cement
Cement posts
Cement slabs
Concrete
Concrete building elements
Drain pipes, not of metal
Earth for bricks
Moldings, not of metal, for building
Reinforcing materials, not of metal, for building
Roof coverings, not of metal
Parts and fittings for the aforesaid goods.
The mark was filed in class 37 with following description of goods:
Building construction
Providing information relating to the repair of buildings
Roof repair
Concrete repairs
Building repairs
Supervision of building repair
Consultancy services relating to the repair of buildings
Electrical installation services
Installation of insulating materials in buildings, roofs and structures
Installation of building insulation
Building and construction services
Construction
Repair and maintenance of buildings
Buildings (supervision during construction of -)
Advisory services relating to building construction
Assembling [installation] of building framework
Assembly of prefabricated houses
Building of industrial properties
Building reinforcing
Civil engineering construction
Civil engineering [construction] consultancy
Construction information
Construction of complexes for recreational purposes
Construction of floors
Building of commercial properties
Bricklaying
Building construction supervision
Building insulating
Plumbing
Rental of construction equipment
House painting
House building
Construction of houses
Erecting of housing areas
Custom construction of houses
Construction works for prefabricated houses
Construction land developing
Property development services [construction] development of land [construction]
Plastering contractor services
Electrical contractor services
Heating contractor services
Carpentry contractor services
Painting contractor services
General building contractor services
Information, consultancy and advisory services relating to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Construction planning
Off-site building project management
Design (industrial -)
Design of buildings
Building design services
Urban design
Architectural and urban planning services
Advisory services relating to industrial design
Design and development of engineering products
Advisory services relating to design engineering
Design services relating to civil engineering
Architectural design
Planning and design of residential communities
Engineering consultancy relating to design
Engineering consultancy services
Professional consultancy relating to industrial design
Technical consultancy services relating to structural engineering
Technical consultancy services relating to civil engineering
Civil engineering
Computer-aided engineering design and drawing services
Conducting engineering surveys
Conducting technical project studies for construction projects
Design of engineered building systems
Drawing (engineering -)
Engineering research
Engineering services for the analysis of structures
Engineering services for the design of structures
Engineering project studies
Architecture
Architecture services
Architectural research
Architectural consultation
Architectural planning services
Preparation of architectural reports
Architectural services for the design of buildings
Design and development of computer software architecture
Architectural services for the design of commercial buildings
Providing information in the field of architectural design and construction via a website
Hosting web portals
Design of web portals
House design
House design services
House plans (drawing up of -)
Services for the planning [design] of houses
Construction drafting
Construction design
Software creation
Software design
Software development
Computer software consultancy
Information, consultancy and advisory services relating to the aforesaid service
None of the aforesaid services relating to the design, development and marketing of ultrasound systems and their components aimed at the medical sector, the industry and the general public.