The trademark P1 AUTO CARE was filed by P1 Autocare Ltd, 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 November 29, 2020, and received one opposition filed on January 10, 2021 by PIRELLI TYRE S.p.A. on Likelihood of confusion. the opponent was represented by PORTA & CONSULENTI ASSOCIATI S.p.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by PIRELLI TYRE S.p.A. (represented by TALIENS PARTNERSCHAFT VON RECHTSANWÄLTEN MBB) on August 18, 2024 and Decision taken.
Change of name and professional address of the trademark registration was recorded on December 22, 2020. Change of name and professional address of the trademark registration was recorded on January 3, 2021. Change of name and professional address of the trademark registration was recorded on January 26, 2021. Appointment and Replacement of representative of the trademark registration was recorded on May 24, 2021. Deletion of the representative of the trademark registration was recorded on June 2, 2021. Appointment and Replacement of representative of the trademark registration was recorded on August 18, 2021. Appointment and Replacement of representative of the trademark registration was recorded on March 3, 2022. Change of name and professional address of the trademark registration was recorded on March 29, 2023. Change of name and professional address of the trademark registration was recorded on April 11, 2023. Relative errors of the trademark registration was recorded on June 18, 2023. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on July 19, 2023.
The Opposition with reference B 003138836 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 19, 2023 by the EUIPO. The Cancellation with reference B 000061186 was EUTM partially cancelled according to Article 60(1)(a) EUTMR with decision issued on August 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Anti-freeze
De-icing and anti-icing preparations
Salt sticks
Preparations for preventing condensation and freezing on vehicle windows
Anti-freezing preparations for motor vehicles
Chemical preparations for dispersing moisture
Chemicals and/or chemical products for use in restoring and/or renovating paint and/or for use in the restoring/maintenance of vehicles/surfaces thereof
Fuel additives.
The mark was filed in class 2 with following description of goods:
Paints
Lacquers
Varnishes (other than insulating varnish)
Paint thinners, anti-corrosives
Preservatives against rust
Tyre black (pigments)
Paints and lacquers for restoring and/or renovating paint.
The mark was filed in class 3 with following description of goods:
Cleaning, polishing, rust removing and scouring preparations
Abrasive preparations
Shampoos
Soaps
Detergents
Preparations for removing rust, tar or paint
Wax for restoring and/or renovating paint
Cleaning and polishing preparations for vehicular interiors.
The mark was filed in class 5 with following description of goods:
Air fresheners
First aid kits
Medicated wipes.
The mark was filed in class 6 with following description of goods:
Vehicle locks, tool boxes and carriers
Number and nationality plates for vehicles
Tow ropes
Badges for vehicles
Automotive model badges
Ice grips.
The mark was filed in class 7 with following description of goods:
Electrically operated tools
Vacuum cleaners
Car vacuum cleaners, electrically operated polishers, pressure jet washers.
The mark was filed in class 8 with following description of goods:
Hand tools
Jacks
Life hammers
Ice scrapers
Disposable tableware made of plastic.
The mark was filed in class 9 with following description of goods:
Articles of reflective clothing, for protection against accident or injury
Protective gloves
Route finding computers and software
Parts and fittings for all the aforesaid goods
Fire extinguishers for domestic use and for use in land vehicles
Safety gloves
Warning triangles
Rescue flares
Battery booster cables
Trickle chargers
Battery packs
Dashboard mounted cameras
Vehicle mounted cameras
Beam deflectors
Breathalysers
Tyre gauges
Tyre gauges for pressure and depth being analogue and/or digital
Apparatus for navigation
Fire blankets
Disposable protective gloves
Telematics apparatus and instruments
Electric thermostats, batteries, electric battery chargers, hydrometers, micrometers, mileage recording instruments, speedometers
In-car chargers
USB connectors
Electrical adaptors, invertors
Map measuring instruments, compasses, car and portable radio receivers, tape players, radio transmitters, heart rate software, land vehicle aerials, speakers, radio and/or speaker facia plates and mountings, suppressors, plugs, adaptors, sockets, switches, connectors, junction boxes, all being electric, route finding computers and software, parts and fittings for all the aforesaid goods, mobile telephone carriers and cases.
The mark was filed in class 11 with following description of goods:
Lights and lamps, torches, inspection torches
Key lights
Bulbs
Vehicle reflectors
Fans.
The mark was filed in class 12 with following description of goods:
Foot pumps
Seat covers made of textile materials, plastic materials or beads and for use in land vehicles
Car tidies
Boot tidies
Roof racks
Roof bars
Roof top carriers
Backrests and cushions adapted for use in land vehicles
Puncture repair outfits
Grip mats
Windowscreen covers or screens for the protection against frost and/or sun
Vehicle covers
Caravan covers
Boat covers, bike covers
Snow chains
Ice grips
Snow socks for vehicle tyres
Tyre grips, rear view mirrors, side view mirrors
Booster seats, child carrying seats
Dog guards
Pet guards, pet ramps
Roof luggage racks
Bumper guards
Window blinds for vehicles
Anti-glare and sun strips
Tyre inflators.
The mark was filed in class 16 with following description of goods:
Signs, stickers, decals and badges all being printed matter
Tickets
Sacks
Membership packs predominantly in the form of printed matter
Indictor boards and characters for use therewith
Flags
Personal organisers
Vouchers
Decals.
The mark was filed in class 18 with following description of goods:
Tool bags
Duffle bags
Holdalls
Suitcases
Shoulder bags
Sports bags
Umbrellas
Card cases [note cases]
Business card cases.
The mark was filed in class 20 with following description of goods: