The trademark WHEEL UP was filed by Null RAFAŁ GAWĘDA raltek, a national of the Republic of Poland (the "Applicant") and Mariusz Balon, a national of the Republic of Poland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 12, 2021, and received one opposition filed on May 20, 2021 by Hangzhou Lunxin Sports Goods Co., LTD. on Likelihood of confusion. the opponent was represented by PATENTANWÄLTE GIERLICH & PISCHITZIS PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 20, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services in relation to bicycle stabilisers
Retail services in relation to handlebars [bicycle parts]
Retail services in relation to stands for bicycles [parts of]
Retail services in relation to bicycle frames
Retail services in relation to saddlebags adapted for bicycles
Retail services in relation to rack trunk bags for bicycles
Retail services in relation to luggage carriers for cycles
Retail services in relation to panniers adapted for bicycles
Retail services in relation to bicycle dynamos
Retail services in relation to bicycle brake lever grips
Retail services in relation to bicycle carriers
Retail services in relation to gear wheels [bicycle parts]
Retail services in relation to hydraulic disc brakes for bicycles
Retail services in relation to brake cables for bicycles
Retail services in relation to bicycle handlebars
Retail services in relation to covers for handgrips of cycles
Retail services in relation to bicycle dynamo lights
Retail services in relation to pedicabs
Retail services in relation to bicycle lights
Retail services in relation to rims for bicycle wheels
Retail services in relation to disk wheels [bicycle parts]
Retail services in relation to structural parts of bicycles
Retail services in relation to puncture repair outfits for bicycle tyres
Retail services in relation to direction indicators for bicycles
Retail services in relation to bicycle reflectors
Retail services in relation to bicycle pedals
Retail services in relation to saddle covers for bicycles
Retail services in relation to lubricants for bicycle chains
Retail services in relation to spokes for bicycle wheels
Retail services in relation to spindles of bicycles
Retail services in relation to water bottles for bicycles
Retail services in relation to bicycle saddles
Retail services in relation to bicycle handlebar grips
Retail services in relation to hubs for bicycle wheels
Retail services in relation to tubeless tyres for bicycles
Retail services in relation to bicycle horns
Retail services in relation to children’s bicycle seats
Retail services in relation to bicycle wheels
Retail services in relation to cycle bells
Retail services in relation to sissy bars for bicycles
Retail services in relation to bicycle kickstands
Retail services in relation to frames, for luggage carriers, for bicycles
Retail services in relation to bicycle mudguards
Retail services in relation to drivetrains for bicycles
Retail services in relation to spoke caps for bicycle wheels
Retail services in relation to brake shoes [bicycle parts]
Retail services in relation to bicycle trailers
Retail services in relation to forks [bicycle parts]
Retail services in relation to pumps for inflating bicycle tyres
Retail services in relation to bicycle cranks
Retail services in relation to inner tubes for bicycle tyres
Retail services in relation to bicycle racks for vehicles
Retail services in relation to headlamps for use on cycles
Retail services in relation to suspension systems for bicycles
Retail services in relation to water bottle cages for bicycles
Retail services in relation to fittings for bicycles for carrying luggage
Retail services in relation to bicycle tyres
Retail services in relation to bicycles
Retail services in relation to bicycle brakes
Retail services in relation to chain guards for bicycles
Retail services in relation to bicycle locks of metal
Retail services in relation to fittings for bicycles for carrying beverages
Retail services in relation to hydraulic rim brakes for bicycles
Retail services in relation to gears for cycles
Retail services in relation to locks (electric) for bicycles
Retail services in relation to bicycle chains
Retail services in relation to brake levers for cycles
Retail services in relation to pumps for bicycle tyres
Retail services in relation to cyclists' glasses
Retail services in relation to bicycle speedometers
Retail services in relation to roller chains for bicycles
Retail services in relation to cyclists' clothing
Retail services in relation to baskets adapted for bicycles
Retail services in relation to shock absorbers for bicycles
Retail services in relation to handle bar stems [bicycle parts]
Retail services in relation to handlebar ends for bicycles
Retail services in relation to helmets for bicycles
Retail services in relation to fitted bicycle covers
Retail services in relation to bags for bicycles
Retail services in relation to toeclips for use on bicycles.