The trademark CON-WAY was filed by CON-WAY INC., a U.S. corporation (the "Applicant"). The application was published for oppositions on March 12, 2006, and received one opposition filed on June 12, 2006 by Lekkerland Europa Holding GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by COHAUSZ & FLORACK PATENT- UND RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 12, 2006
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 21, 2006. Change of name and address of the trademark registration was recorded on August 19, 2007. Change of name and professional address of the trademark registration was recorded on June 7, 2009. Change of name and address of the trademark registration was recorded on April 18, 2011.
The Opposition with reference B 001022799 was refused according to Article 8(1)(a) CTMR with decision issued on January 23, 2011 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Supply chain, logistics and reverse logistics services, namely, computerized tracking of documents, packages, raw materials and other freight for others
Information management services, including, shipment processing, preparing shipping documents and invoices, tracking documents, packages and freight over computer networks, intranets and the internet
Business management services, including, managing logistics, reverse logistics, supply chain services, supply chain visibility and synchronization, supply and demand forecasting and product distribution processes for others
Business consulting services relating to product distribution, operations management services, logistics, reverse logistics, supply chain, and production systems, and distribution solutions
Labeling of documents, packages, raw materials, and other freight for others.
The mark was filed in class 39 with following description of goods:
Supply chain, logistics and reverse logistics services, including, pick-up, storage, transportation and delivery of documents, packages, raw materials and other freight for others by air, rail, ship or truck
Warehousing services, including, storage, distribution, pick-up, packing for shipment, kitting, sub-assembly and returns processing of documents, packages, raw materials, and other freight for others
Freight forwarding services
Transportation of goods of others by air, rail, ship, or truck
Consulting services relating to product distribution, logistics, reverse logistics, supply chain, and production systems, and distribution solutions
Loading services of documents, packages, raw materials, and other freight for others.
The mark was filed in class 42 with Providing temporary use of non-downloadable computer software for shipment processing, preparing shipping documents and invoices, and tracking documents, packages, raw materials and freight over computer networks, intranets and the Internet.