The trademark AUTO XS was filed by Aldi GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 22, 2020, and received one opposition filed on September 22, 2020 by Jaguar Land Rover Limited on Likelihood of confusion. the opponent was represented by REDDIE & GROSE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 22, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
Compositions for fire extinguishing and prevention
Tempering and soldering preparations
Tanning compositions for animal skins
Adhesives used in industry
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science
Chemicals for motor vehicles (included in class 1), in particular brake fluid, anti-freeze for windscreen washer installations and for radiators, power steering fluid, fuel additives, preparations for treating oil, preparations for sealing tyres, windscreen de-icers, door lock de-icers
Synthetic resins, unprocessed
Vehicle body filler
Chemicals for absorbing moisture in the air
Chemicals for purifying exhaust gases in chemical processes, being additives for liquid fuels for improving combustion and exhaust gas performance in internal combustion engines, for lessening the output of hazardous materials in exhaust gases from internal combustion engines.
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Colouring matters, dyestuffs
Inks for printing, marking and engraving
Raw natural resins
Metal in foil and powder form for use in painting, decorating, printing and art
Paints, varnishes, lacquers for use on vehicles
Anti-rust preparations for preservation, in particular anti-rust greases and oils for use on motor vehicles
Undercoating for vehicles.
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Laundry preparations
Bleaching preparations
Furbishing preparations
Polishing preparations
Grease-removing preparations
Grinding preparations
Vehicle cleaning preparations
Cleaning preparations and concentrates for windscreens.
The mark was filed in class 4 with following description of goods:
Industrial oils and fats, waxes
Lubricants
Dust absorbing, wetting and binding compositions
Fuels and illuminants
Candles and wicks for lighting
Rust-dissolving lubricants
Silicone spray lubricants (included in class 4).
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for humans and animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides
First-aid boxes, filled.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, ores
Materials of metal for building and construction
Transportable buildings of metal
Non-electric cables and wires of common metal
Metal hardware
Metal containers for storage or transport
Safes
Petrol cans of metal.
The mark was filed in class 7 with following description of goods:
Machine tools and power tools
Motors and engines and propulsion mechanisms, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand operated hand tools
Incubators for eggs
Automatic vending machines
Oil filters (being parts of machines, motors or engines)
Mechanical tools
Electric jacks
Electric jacks
Hydraulic jacks
Pneumatic jacks.
The mark was filed in class 8 with following description of goods:
Hand operated hand tools and implements
Table cutlery (knives, forks and spoons)
Side arms
Razors and Razors
Lifting jacks, hand-operated
Hand-operated scrapers for removing ice from vehicle windows.
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving 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
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Mechanisms for coin-operated apparatus
Cash registers, calculating machines
Computers and computer peripherals
Diving suits, diving masks, earplugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
Fire-extinguishing apparatus
Electric batteries for vehicles and chargers therefor
Apparatus for recording, transmission or reproduction of sound or images, including for use in vehicles
Data processing equipment and computers, including for use in vehicles, in particular onboard computers and vehicle navigation systems
Jump leads
Internal and external thermometers
Vehicle breakdown warning triangles.
The mark was filed in class 11 with following description of goods:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
Lighting apparatus
Unit heaters
Refrigerating apparatus
Drying installations
Ventilating apparatus, in particular air filters, lighting installations
Lighting devices, namely electric lamps and light bulbs
Heating or air conditioning installations for vehicles.
The mark was filed in class 12 with following description of goods:
Vehicle accessories, namely covering hoods, distance warning equipment, trailer couplings, luggage carriers and boxes, horns, snow chains and anti-skid chains, child seats, headrests, air pumps, hub caps, wheel covers, gear stick knobs, seat covers for vehicle seats, mudguards, ski carriers and ski stands, spoilers and other attachable parts for vehicles, wiper blades (windshield wipers)
Fitted covers for vehicle seats
Car seat tidies
Blinds adapted for vehicles
Jalousies for vehicle windows
Seat back organizers specially adapted for use in cars
Tarpaulins adapted [shaped] for use with vehicles
Vehicle wheel rim stands
Wheel trees
Windscreen wipers
Windscreen wiper blades
Boot tidies
Protecting covers [shaped] for vehicles
Heated seats
Heated seat covers for use in vehicles
All the aforesaid goods other than tires for vehicle wheels and tyre covers for retreading of tires.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Jewellery, precious stones and semi-precious stones
Horological and chronometric instruments.
The mark was filed in class 17 with following description of goods:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics and resins in extruded form for use in manufacturing processes
Packing, stopping and insulating materials
Flexible pipes, tubes and hoses, not of metal
Plastic films for vehicles.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Containers, not of metal, for storage or transport
Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
Shells
Meerschaum
Yellow amber
Petrol cans of plastic.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes (except paintbrushes)
Brush-making materials
Articles for cleaning purposes
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware
Washing and drying cloths
Animal hair gloves
Micro fibre dusters
Micorfibre polishing cloths
Micorfibre insect wipes
Cloths for wiping cars
Synthetic window cloths
Cleaning cloths for cars
Polishing leather
Polishing leather
Dusters
Polishing gloves
Materials [cloths] for polishing.
The mark was filed in class 22 with following description of goods:
Ropes and strings
Nets
Tents and tarpaulins
Awnings of plastic or textile
Sails
Sacks for the transport and storage of materials in bulk
Padding cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw textile fibres and substitutes thereof
Car towing ropes
Vehicle covers, not fitted.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
Decorative wall hangings, not of textile
Carpets for automobiles
Door mats
Mats for luggage compartments.
The mark was filed in class 28 with following description of goods: