The trademark application was filed by Modern Driving AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on September 6, 2021, and it was registered by office on December 14, 2021 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018234999 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on October 29, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles
Seat cushions for the seats of vehicles
Seat covers for vehicles
Scooters [vehicles]
Scooters [vehicles]
Push scooters [vehicles]
Seat cushions for the seats of vehicles
Vehicle seat covers [fitted]
Non-motorized scooters [vehicles]
Autonomous vehicles
Parts and fittings for vehicles
Vehicles for travel by land
Engines for land vehicles
Invalids' carriages
Vehicles for the physically handicapped and those of reduced mobility
Shaped vehicle mats
Fitted vehicle covers
Interior pouches for vehicles
Seat covers for vehicles
Tarpaulins adapted [shaped] for use with vehicles
Fitted vehicle covers
Storage containers adapted for use in vehicles
Loose seat covers [shaped] for vehicle seats
Car seat tidies.
The mark was filed in class 28 with following description of goods:
Model vehicles
Scale model vehicles
Scale model vehicles.
The mark was filed in class 35 with following description of goods:
Transportation fleet (business management of -) [for others]
Wholesaling relating to vehicles, model vehicles and parts of vehicles
Retailing relating to vehicles, model vehicles and parts of vehicles
Auctioning of vehicles
Vehicle fleet (business management of a -) [for others]
Vehicular registration and title transfer
Business consultancy or organisation consultancy and commercial information agencies, in particular relating to the development, operation and distribution of electric service stations and business models for electromobility, including franchise, car-sharing and fleet concepts
Retailing and wholesaling in relation to electric automobiles
Organisational administration of a motor pool of vehicles on a shared basis (car sharing, car pooling)
Arranging of contracts for others, relating to the purchase of electric vehicles and charging stations for electric vehicles
Compilation of information into computer databases
Compilation of information into computerised registers
Compilation and systematisation of information in databanks.
The mark was filed in class 36 with following description of goods:
Financial information
Insurance services relating to motor vehicles
Insurance services relating to mechanical breakdown
Provision of vehicle warranties
Provision of vehicle warranties
Provision of finance for the purchase of vehicles
Financial services relating to the maintenance of vehicles
Automobile lease-purchase financing
Auto financing services
Financial services for the purchase of vehicles
Lending services to merchants for the purpose of financing store inventories of vehicles
Insurance consultancy and insurance brokerage, in particular in relation to vehicle insurance
Financial clearing for the purchase or sale, and the rental of electric vehicles, for the operation of service stations and charging stations and for the rental (car sharing) of electric vehicles
Leasing of electric vehicles and electric vehicle charging stations.
The mark was filed in class 37 with following description of goods:
Vehicle repair, maintenance, refuelling and recharging
Repair of parts of engines
Maintenance, servicing and repair of vehicles
Repair of axles for vehicles
Repair services relating to engines
Maintenance and repair of gears
Vehicle detailing
Rental of vehicle maintenance equipment
Vehicle fueling services
Vehicle maintenance and repair
Vehicle tuning
Automobile repair
Vehicle washing
Motor vehicle maintenance
Motor vehicle maintenance
Tuning of motor vehicle engines
Automobile cleaning and car washing
Vehicle maintenance
Mobile vehicle tuning services
Vehicle breakdown repair services
Vehicle service stations [refuelling and maintenance]
Arranging of vehicle repairs
Vehicle maintenance and repair
Advisory services relating to vehicle repair
Inspection of vehicles prior to maintenance
Garage services for motor vehicle repair
Information and consultancy services relating to vehicle repair
Garage services for vehicle maintenance
Garage services for vehicle repair
Vehicle service stations (refuelling and maintenance) for electric vehicles, namely charging, replacing and maintaining accumulators
Electronic service stations, namely refuelling, washing, cleaning, maintenance and repair of electric vehicles.
The mark was filed in class 39 with following description of goods:
Temporary provision of vehicles being car sharing services
Car sharing services
Transport
Transport
Vehicle parking and storage
Transport information, advice and reservation services
Passenger transport
Transport services
Driving services
Motor vehicle transport services
Navigation (positioning, and route and course plotting)
Arranging transportation of passengers by road, rail, air and sea
Management of vehicular traffic flow through advanced communications network and technology
Arranging and providing transport by land, sea and air
Arrangement of transportation
Travel and passenger transportation
Rescue, recovery, towing and salvage services
Transportation and delivery of goods
Chartering of vehicles for transportation
Arrangement of transportation
Arrangement of transportation
Transport services
Transportation logistics
Arrangement of transportation
Provision of information relating to moorings
Provision of car parks and car parking services
Services for the garaging of vehicles
Vehicle parking
Car parking [valet] services
Garaging
Parking garages services
Vehicle parking
Depot services for the storage of vehicles
Car parking
Car park services
Valet parking
Rental of garages and parking places
Rental of mechanical parking systems
Providing information relating to vehicle parking services
Traffic information
Rental of navigational systems
Parking place rental
Rental of parking places and garages for vehicles
Rental of means of transportation
Rental services related to transportation and storage
Recovery services for vehicles
Storage of vehicles
Transportation of vehicles
Vehicle location services
Arranging of car hire
Vehicle salvage services
Vehicle breakdown towing services
Recovery services for vehicles
Vehicle transport services
Car rental
Salvaging
Transport by man-powered vehicles
Vehicle routing by computer on data networks
Transportation of passengers in chauffeur driven vehicles
Providing vehicles for tours and excursions
Towing of vehicles
Recovery services for vehicles
Arrangement of vehicle recovery
Arranging vehicle towing
Loading and unloading of vehicles
Vehicle rental
Car rental
Automobile vehicle renting services
Arranging of vehicle hire
Chauffeur driven car hire services
Chartering of vehicles for travelling
Rental of vehicles, in particular automobiles and lorries
Rental of vehicles and apparatus for locomotion by air
Reservation services for vehicle rental
Itinerary travel advice services
Information and advisory services relating to all the aforesaid services
Travel consultancy and information services
Providing information about travel, via the Internet
Providing information to tourists relating to excursions and sightseeing
Providing information relating to travel and transport, via electronic means
Providing information relating to the planning and booking of airline travel, via electronic means
Providing information about booking business travel, via the Internet
Tourist travel reservation services
Provision of tourist travel information
Booking of tickets for train travel
Arranging airline tickets, cruise tickets and train tickets
Arranging transport of passengers by air, rail and sea.
The mark was filed in class 43 with following description of goods:
Temporary accommodation information, advice and reservation services
Information, advice and reservation services for the provision of food and drink
Provision of information relating to the booking of accommodation