The trademark Macan was filed by Dr. Ing. h.c. F. Porsche Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 7, 2021, and received one opposition filed on April 5, 2021 by Härtling, Hans on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by PFIZ/GAUSS PATENTANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 5, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003143737 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 2, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Cleaning and fragrancing preparations for cleaning and maintaining the interior and exterior of motor vehicles and Tailors' and cobblers' wax..
The mark was filed in class 4 with following description of goods:
Fuels and illuminants
Electrical energy
Dust controlling compositions
Lubricants and industrial greases, waxes and fluids
Additives in connection with the aforesaid goods, included in this class.
The mark was filed in class 5 with following description of goods:
Dental preparations and articles, and medicated dentifrices
Diagnostic preparations and materials
Medical dressings, coverings and applicators
Live organs and tissues for surgical purpose.
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Unprocessed and semi-processed materials of metal, not specified for use
Small items of metal hardware
Doors, gates, windows and window coverings of metal
Structures and transportable buildings of metal
Statues and works of art of common metals
Containers, and transportation and packaging articles, of metal
Parts and accessories for all the aforesaid goods, included in this class
Signboards of metal
Registration plates of metal
Bottle closures of metal
Wire rope
Keys of metal.
The mark was filed in class 7 with following description of goods:
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Pumps, compressors and blowers
Industrial robots
Current generators
Moving and handling equipment
Machines and machine tools for treatment of materials and for manufacturing
Motors and engines (except for land vehicles)
Joints [parts of engines]
Injectors for engines
Speed governors for machines, engines and motors
Electronic starters for engines
Electronic controls for motors
Crankcases for machines, motors and engines
Catalytic converters for motors and engines
Anti-pollution devices for motors and engines
Pistons for engines
Fuel injection systems for engines of land vehicles
Fuel economisers for motors and engines
Engine fuel pumps
Power transmission belts for motors and engines
Radiators [cooling] for motors and engines
Fans for motors and engines
Filters being parts of machines
Tappets for engines
Engine camshafts
Pumps (parts of machines, engines or motors)
Regulators for engines
Belts for motors and engines
Mufflers for motors and engines
Clack valves [parts of machines]
Timing belt pulleys [parts of engines]
Spark plugs for engines
Cylinders for motors and engines
Vending machines
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 8 with following description of goods:
Cutlery, and food preparation implements being kitchen knives, cutting and grinding implements
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Hand-operated hygienic and beauty implements for humans and animals
Lifting tools
Emergency and rescue hand tools
Edged and blunt weapons
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 9 with following description of goods:
Scientific and laboratory devices for treatment using electricity
Diving equipment
Diving equipment
Safety, security, protection and signalling devices
Optical devices, enhancers and correctors
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Magnets, magnetizers and demagnetizers
Information technology and audio-visual, multimedia and photographic devices
Recorded content
Apparatus, instruments and cables for electricity
Scientific research and laboratory apparatus, educational apparatus and simulators
Parts and accessories for all the aforesaid goods, included in this class
Software
Credit cards
Card readers for credit cards
Mobile telephones
Cases adapted for mobile phones
Carriers adapted for mobile phones
Devices for hands-free use of mobile phones
Cell phone batteries
Bags adapted for computers and tablet computers
Diagnostic instruments for vehicles
Navigation apparatus for vehicles
Batteries
Accumulators for vehicles
Spectacles
Sunglasses
Spectacle cases
Electronic keys for vehicles
USB flash drives
Power banks
Trackpads.
The mark was filed in class 11 with following description of goods:
Flues and installations for conveying exhaust gases
Igniters
Lighting and lighting reflectors
Sun tanning appliances
Burners, boilers and heaters
Filters for industrial and household use
Cooking, heating, cooling and preservation equipment, for food and beverages
Heating, ventilating, and air conditioning and purification equipment (ambient)
Industrial treatment installations
Fireplaces
Refrigerating and freezing equipment
Personal heating and drying implements
Regulating and safety accessories for water and gas installations
Sanitary installations, water supply and sanitation equipment
Drying installations
Spot lights for use on vehicles
LED luminaires
Luminous tubes for lighting
Decorative lighting sets
Air refreshers.
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Parts and fittings for vehicles
Wheels, tyres and continuous tracks for vehicles.
The mark was filed in class 14 with following description of goods:
Gemstones, pearls and precious metals, and imitations thereof
Jewellery
Time instruments
Key rings and key chains, and charms therefor
Jewellery boxes and watch boxes
Cuff links
Parts and fittings for all the aforesaid goods, included in class 14.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Works of art and figurines of paper and cardboard, and architects' models
Decoration and art materials and media
Filtering materials of paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Packing cardboard
Blister packs for packaging
Stationery and educational supplies
Gums [adhesives] for stationery or household purposes
Printed matter
Parts and accessories for all the aforesaid goods, included in this class
Money holders
Placards of paper or cardboard
Flags and pennants of paper
Paper wiping cloths
Tablemats of paper
Tablemats of paper
Paper tissues
Tablecloths of paper
Table napkins of paper
Refuse bags of paper
Shelf paper
Stickers [stationery]
Tag labels.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, furs and animal skins
Luggage, bags, wallets and other carriers
Umbrellas
Parasols
Walking sticks
Saddlery, whips and apparel for animals
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 20 with following description of goods:
Statues, figurines, works of art, ornaments and decorations made from materials including wood, wax, plaster and plastic, included in this class
Furniture and furnishings
Animal housing and beds
Unprocessed and semi-processed materials, included in this class and not adapted for any specific use, namely yellow amber, parts of animals, meerschaum, parts of plants
Containers, and closures and holders therefor, non-metallic
Ladders and movable steps, non-metallic
Displays, stands and signage, non-metallic
Goods, not of metal, namely mooring buoys, locks and keys, door, gate and window fittings, valves, fasteners, spindles, clamps, connectors and connecting parts, fans, clack valves, grab handles and rails, joints, hooks and hangers, identification bracelets, moulds and shapers, pennant holders, dowels, protectors and support devices
Goods, not of metal, namely spools, stiffening materials, rings, poles, saw benches, mats for sinks, spacer rings, intermediate layers for bathtubs, staircase fittings, spiral springs, stackable adapters, staves, posts and masts, suction cups, overhead rail systems, trailers, tension rollers, parts for tents, paper tissue holders, trays
Parts and accessories for all the aforesaid goods, included in this class
Non-metal license plates
Cushions.
The mark was filed in class 21 with following description of goods:
Statues, figurines, signs and works of art, included in this class
Unworked and semi-worked glass, not specified for use
Containers for flowers
Watering cans
Gardening gloves
Garden syringes
Brushes, brooms, and other cleaning instruments and articles for cleaning purposes, brush-making materials
Tableware, cookware and containers
Cosmetic and toilet utensils, and bathroom articles
Articles for animal husbandry, namely aquariums and vivariums, pest and vermin repellents, bird baths, cages, feeding and drinking articles, fish bowls, grooming articles, nesting articles, swing tags, waste disposal articles
Household articles for the care of clothing and footwear, namely boot jacks and shoehorns, buttonhooks, coatstands, clothing stretchers, irons and clothes wringers, shoe polishing apparatus, shoe trees and stretchers
Parts and accessories for all the aforesaid goods, included in this class
Wine and sparkling wine coolers
Insulated mugs
Bottle openers, electric and non-electric
Money jars
Ice cube moulds
Cups.
The mark was filed in class 24 with following description of goods:
Textile goods, and substitutes for textile goods
Filters made of textile materials
Textile material
Flags of textile or plastic
Bed clothes and blankets.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Waist belts
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 26 with following description of goods:
Accessories for apparel, sewing articles and decorative textile articles
Hair ornaments, hair rollers, hair fastening articles, and false hair
Artificial fruit, flowers and vegetables
Pendants, other than for jewellery, key rings and key fobs
Needles and pins for entomology
Patches
Ribbons of textile materials
Belt buckles
Patches for clothing.
The mark was filed in class 27 with following description of goods:
Floor coverings and artificial ground coverings
Wall and ceiling coverings
Rubber mats
Rugs for cars.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Festive decorations and artificial Christmas trees
Fairground and playground apparatus
Toys, games, playthings and novelties
Parts and accessories for all the aforesaid goods, included in this class
Toy cars
Scale model vehicles
Ride-on toy vehicles (Motorised -)
Ride-on toy vehicles
Plush toys
Golf club bags.
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco products (including substitutes)
Articles for use with tobacco
Matches
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Lighters
Cigar boxes
Ashtrays
Shishas.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling of vehicles, in particular motor vehicles and electric vehicles, apparatus for locomotion by land, air or water, engines for land vehicles, parts and accessories for motor vehicles and electric vehicles
Advertising, marketing and promotional services
Commercial services and consumer information, namely auctioneering, rental of automatic vending machines, brokerage, organising business contacts, collective buying, commercial evaluation, preparation of competitions, agency business, import and export services, negotiation and brokerage, ordering, price comparison, procurement services, for others, subscription services
Business assistance, management and administrative services
Business analysis, research and information services
Office functions
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 36 with following description of goods:
Provision of prepaid cards and tokens
Safe deposit services
Financial and monetary services, and banking
Valuation services
Fundraising and financial sponsorship
Real estate services
Insurance underwriting, in particular in the automotive industry
Automobile lease-purchase financing
Arranging of lease agreements
Rental and leasing of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 37 with following description of goods:
Construction services
Repair, namely repair and maintenance of motor vehicles and electric battery systems, fitting and conversion [tuning] of motor vehicles
Vehicle washing
Recharging of batteries and accumulators
Vehicle battery charging
Repair information
Tuning and cleaning of vehicles
Assembly [installation] of accessories for vehicles
Installation of machines, engines, electric battery systems, computer hardware, communications equipment, radios, windscreens, alarms, car accessories, instrumentation installations, security systems, access control systems, vehicle parts
Installation, integration, maintenance and repair and upgrading of electric battery systems and computer hardware, and consultancy relating thereto, in relation to the storage, discharge, supply, transmission and stabilisation of electricity
Leasing in relation to electric battery systems and computer hardware for the storage, discharge, supply, transmission and stabilisation of electricity
Operation, maintenance and regulation of electric battery systems and computer hardware for accumulating, distributing, supplying, transmitting and stabilising electricity, and consultancy relating thereto
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Organizing and arranging travel
Vehicle rental
Rental services related to transportation and storage
Distribution by pipeline and cable
Conducting and transport of electricity
Distribution of energy
Electricity distribution
Towing
Transportation logistics
Rental of vehicles, in particular electric vehicles
Freight brokerage [forwarding (Am.)], Control of fleets of electric vehicles using navigational and positioning apparatus
Traffic information
Parking place rental
Car park services
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 41 with following description of goods:
Publishing and reporting
Education, entertainment and sports
Cultural activities
Driving instruction
Motor sports events
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
IT services
Design services
Testing, authentication and quality control
Science and technology services
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 43 with following description of goods:
Providing temporary accommodation
Boarding for animals
Rental of furniture, linens and table settings
Services for providing food and drink
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.