018233182

AUTO XS

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April 30, 2020

Trademark Summary

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 23, 2020, and received one opposition filed on September 23, 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 23, 2020

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 1 with following description of goods:
  
  1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
  2. Unprocessed artificial resins, unprocessed plastics
  3. Compositions for fire extinguishing and prevention
  4. Tempering and soldering preparations
  5. Tanning compositions for animal skins
  6. Adhesives used in industry
  7. Putties and other paste fillers
  8. Compost, manures, fertilizers
  9. Biological preparations for use in industry and science
  10. 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
  11. Synthetic resins, unprocessed
  12. Vehicle body filler
  13. Chemicals for absorbing moisture in the air
  14. 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:
  
  1. Paints, varnishes, lacquers
  2. Preservatives against rust and against deterioration of wood
  3. Colouring matters, dyestuffs
  4. Inks for printing, marking and engraving
  5. Raw natural resins
  6. Metal in foil and powder form for use in painting, decorating, printing and art
  7. Paints, varnishes, lacquers for use on vehicles
  8. Anti-rust preparations for preservation, in particular anti-rust greases and oils for use on motor vehicles
  9. Undercoating for vehicles.
• The mark was filed in class 3 with following description of goods:
  
  1. Non-medicated cosmetics and toiletry preparations
  2. Non-medicated dentifrices
  3. Perfumery, essential oils
  4. Bleaching preparations and other substances for laundry use
  5. Cleaning, polishing, scouring and abrasive preparations
  6. Laundry preparations
  7. Bleaching preparations
  8. Furbishing preparations
  9. Polishing preparations
  10. Grease-removing preparations
  11. Grinding preparations
  12. Vehicle cleaning preparations
  13. Cleaning preparations and concentrates for windscreens.
• The mark was filed in class 4 with following description of goods:
  
  1. Industrial oils and fats, waxes
  2. Lubricants
  3. Dust absorbing, wetting and binding compositions
  4. Fuels and illuminants
  5. Candles and wicks for lighting
  6. Rust-dissolving lubricants
  7. Silicone spray lubricants (included in class 4).
• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceuticals, medical and veterinary preparations
  2. Sanitary preparations for medical purposes
  3. Dietetic food and substances adapted for medical or veterinary use, food for babies
  4. Dietary supplements for humans and animals
  5. Plasters, materials for dressings
  6. Material for stopping teeth, dental wax
  7. Disinfectants
  8. Preparations for destroying vermin
  9. Fungicides, herbicides
  10. First-aid boxes, filled.
• The mark was filed in class 6 with following description of goods:
  
  1. Common metals and their alloys, ores
  2. Materials of metal for building and construction
  3. Transportable buildings of metal
  4. Non-electric cables and wires of common metal
  5. Metal hardware
  6. Metal containers for storage or transport
  7. Safes
  8. Petrol cans of metal.
• The mark was filed in class 7 with following description of goods:
  
  1. Machine tools and power tools
  2. Motors and engines and propulsion mechanisms, other than for land vehicles
  3. Machine coupling and transmission components (except for land vehicles)
  4. Agricultural implements other than hand operated hand tools
  5. Incubators for eggs
  6. Automatic vending machines
  7. Oil filters (being parts of machines, motors or engines)
  8. Mechanical tools
  9. Electric jacks
  10. Electric jacks
  11. Hydraulic jacks
  12. Pneumatic jacks.
• The mark was filed in class 8 with following description of goods:
  
  1. Hand operated hand tools and implements
  2. Table cutlery (knives, forks and spoons)
  3. Side arms
  4. Razors and Razors
  5. Lifting jacks, hand-operated
  6. Hand-operated scrapers for removing ice from vehicle windows.
• The mark was filed in class 9 with following description of goods:
  
  1. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
  2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
  3. Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
  4. Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
  5. Mechanisms for coin-operated apparatus
  6. Cash registers, calculating machines
  7. Computers and computer peripherals
  8. Diving suits, diving masks, earplugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
  9. Fire-extinguishing apparatus
  10. Electric batteries for vehicles and chargers therefor
  11. Apparatus for recording, transmission or reproduction of sound or images, including for use in vehicles
  12. Data processing equipment and computers, including for use in vehicles, in particular onboard computers and vehicle navigation systems
  13. Jump leads
  14. Internal and external thermometers
  15. Vehicle breakdown warning triangles.
• The mark was filed in class 11 with following description of goods:
  
  1. Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes
  2. Lighting apparatus
  3. Unit heaters
  4. Refrigerating apparatus
  5. Drying installations
  6. Ventilating apparatus, in particular air filters, lighting installations
  7. Lighting devices, namely electric lamps and light bulbs
  8. Heating or air conditioning installations for vehicles.
• The mark was filed in class 12 with following description of goods:
  
  1. 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)
  2. Fitted covers for vehicle seats
  3. Car seat tidies
  4. Blinds adapted for vehicles
  5. Jalousies for vehicle windows
  6. Seat back organizers specially adapted for use in cars
  7. Tarpaulins adapted [shaped] for use with vehicles
  8. Vehicle wheel rim stands
  9. Wheel trees
  10. Windscreen wipers
  11. Windscreen wiper blades
  12. Boot tidies
  13. Protecting covers [shaped] for vehicles
  14. Heated seats
  15. Heated seat covers for use in vehicles
  16. 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:
  
  1. Precious metals and their alloys
  2. Jewellery, precious stones and semi-precious stones
  3. Horological and chronometric instruments.
• The mark was filed in class 17 with following description of goods:
  
  1. Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
  2. Plastics and resins in extruded form for use in manufacturing processes
  3. Packing, stopping and insulating materials
  4. Flexible pipes, tubes and hoses, not of metal
  5. Plastic films for vehicles.
• The mark was filed in class 20 with following description of goods:
  
  1. Furniture, mirrors, picture frames
  2. Containers, not of metal, for storage or transport
  3. Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
  4. Shells
  5. Meerschaum
  6. Yellow amber
  7. Petrol cans of plastic.
• The mark was filed in class 21 with following description of goods:
  
  1. Household or kitchen utensils and containers
  2. Cookware and tableware, except forks, knives and spoons
  3. Combs and sponges
  4. Brushes (except paintbrushes)
  5. Brush-making materials
  6. Articles for cleaning purposes
  7. Unworked or semi-worked glass (except glass used in building)
  8. Glassware, porcelain and earthenware
  9. Washing and drying cloths
  10. Animal hair gloves
  11. Micro fibre dusters
  12. Micorfibre polishing cloths
  13. Micorfibre insect wipes
  14. Cloths for wiping cars
  15. Synthetic window cloths
  16. Cleaning cloths for cars
  17. Polishing leather
  18. Polishing leather
  19. Dusters
  20. Polishing gloves
  21. Materials [cloths] for polishing.
• The mark was filed in class 22 with following description of goods:
  
  1. Ropes and strings
  2. Nets
  3. Tents and tarpaulins
  4. Awnings of plastic or textile
  5. Sails
  6. Sacks for the transport and storage of materials in bulk
  7. Padding cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
  8. Raw textile fibres and substitutes thereof
  9. Car towing ropes
  10. Vehicle covers, not fitted.
• The mark was filed in class 27 with following description of goods:
  
  1. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
  2. Decorative wall hangings, not of textile
  3. Carpets for automobiles
  4. Door mats
  5. Mats for luggage compartments.
• The mark was filed in class 28 with following description of goods:
  
  1. Games, toys and playthings
  2. Video game apparatus
  3. Gymnastic and sporting articles
  4. Decorations for Christmas trees.