The trademark DKV DKV CARD JUST DRIVE was filed by DKV EURO SERVICE 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 22, 2021, and received one opposition filed on September 21, 2021 by DKV Deutsche Krankenversicherung AG on Likelihood of confusion. the opponent was represented by JONAS RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded or downloadable computer programs for freight transportation and freight logistics, and vehicle management
Computer programs for apps for highly economic driving and economic refuelling for the reduction of fuel costs
Computer programs for creating weekly result reports, in relation to the following fields, Transportation, Motor vehicle management
Encoded magnetic cards
Identity cards, magnetic
Smartcards
Microprocessor cards
Electronic global positioning systems
Systems for geolocation and position sensing or detecting thoroughfares
Electronic satellite geotracking apparatus and instruments, known as GPS or GPS-GPRS
Telematic and GPS vehicle tracking systems for locating vehicles in real time and for transmitting data on vehicle usage and driving behaviour
Telecommunications apparatus and instruments without voice support for data transfer over short distances between road systems and mobile units
Data cards for third generation mobile telephone networks
Data cards of the GSM kind, data cards compatible with the broadband wireless telephone standard with the designation of GPRS
Apparatus for recording, transmission or reproduction of sound or images
Computer software and software for the management of road and highway traffic
Computer software
Instruments, indicators for measuring, investigating and monitoring
Acceleration sensors for measuring acceleration behaviour and braking behaviour, including being independent of the geolocations
Electronic transmitting and receiving apparatus (on-board units) for use on toll roads
Radio and communications apparatus, telecommunications apparatus and apparatus for navigation, position-finding and locating
Transmitters, Transmitter receivers
Receivers
Aerials
Sensors
Control and checking (supervision) apparatus
Satellite navigational instruments
Apparatus for measuring and recording of distance
Data-processing equipment and computers
Communications apparatus
Machine-readable data carriers of all types with programs installed
Navigation apparatus for vehicles [on-board computers]
Mobile apps
Application software for mobile devices, mobile operating systems, navigation devices, smartphones, wireless devices, cloud computing services
Application software for mobile devices with traffic light systems for displaying current and projected fuel prices
Apps for rating service stations
Apps for individual conditions in transport and vehicle management and for displaying service station networks
Apps for creating travel routes
Apps for displaying driving styles, in relation to the following fields, Brakes, velocity, acceleration, Cruise controls
Smartphones
Computers
Internet of Things [IoT] gateways
Internet of Things [IoT] sensors
Computer application software for use in implementing the Internet of Things [IoT]
Computer hardware modules for use in electronic devices using the Internet of Things [IoT]
Logistics software
Telemetric apparatus for motor vehicles, Engine-compatible telemetry devices
Parts for all the aforesaid goods, included in class 9.
The mark was filed in class 12 with Parts and fittings for vehicles, Not included in other classes.
The mark was filed in class 35 with following description of goods:
Service stations, and sales and servicing relating thereto, namely computer-aided billing of border clearance fees (office functions)
Computer-aided billing (office functions) of freight and freight brokerage costs
Arranging of contracts, for others, for issuing access authorisations for toll lanes and tunnels by means of arranging contracts, for others, for the buying and selling of vignettes and the providing of data input services on data processing apparatus, Office functions
Computer-aided billing (office functions) of tunnel fees
Computerised billing of repair services (office functions)
Computerised creation of invoices for fuel (office functions)
Processing of mineral tax reimbursement in different countries (office functions)
Services in the field of cashless in-transit supply of national and international businesses involved in industrial freight and passenger transport, of commercial vehicle fleets of passenger vehicles and/or lorries and in the field of transport, namely creation of invoices (in the context of conducting cashless payment transactions, predominantly based on software programs developed to be customer-oriented, computerised creation (in the context of conducting cashless payment transactions) of invoices for fuel, ferry fees, motorway fees, toll charges and/or VAT
Customer invoicing, for others
Vehicle repair, namely, Arranging of contracts, for others, for substitute vehicles and tow trucks and towing services
Price comparison services, namely, Information agency services, in relation to the following fields, Price information relating to the price of fuel domestically and abroad
Business management
Business administration
Office functions
Book-keeping
Book-keeping
Advertising
Logging (office functions) of person and vehicle-related data
Computerised recording, evaluation by means of generating statistics and statistical analysis of vehicle master data, invoices for tank data, vehicle costs and profits
Computerised order scheduling, including systematic updating of data in computer databases for organisational and professional business planning in relation to the availability of motor vehicles and orders, and coordination and updating of order schedules
Address management
Transport fleet management services, Namely organisational vehicle fleet management
Consumer information, namely Information and advice for consumers regarding matters in the field of cashless on-the-go consumption in commercial freight and cargo services and passenger transport
Compilation of information for sending automated reports, Namely office functions
Advertising relating to road charges and transport infrastructure
Price comparison services, In particular, Information agency services, in relation to the following fields, Price information relating to the price of fuel domestically and abroad
Organisation, operation, management and supervision of incentive schemes
Organisation and management of customer loyalty programs, Including for commercial purposes, all for promotional and advertising purposes
Conducting of business appraisals, Service stations
Professional business comparison services
The bringing together, for the benefit of others, of a variety of service station services and fuel offers, enabling consumers to conveniently compare and purchase those services
Grouping together, Systemisation, Capture, Updating, grooming, in relation to the following fields, Data in computer databases, Office functions
Providing mobile radio services
Administrative processing of contracts for the provision of motor vehicles and trucks via call centres
Operating an information, complaint and emergency hotline, in particular online, namely providing information in the selection of products and services for commercial purposes and receiving customer complaints
All the aforesaid goods with the aid of a global or local computer network and/or via internet
Payroll advisory services
Business consultancy and advisory services, in relation to the following fields, Determination of pay and grading structures, declaration of minimum pay in specified EU countries, support and consultancy relating to the filing of documents in accordance with the guideline 96/71/EC
Reporting services, in relation to the following fields, National and international commercial freight and passenger transport, namely preparation and evaluation of reports and statistics relating to the location of vehicles in real time and of data on vehicle usage and driving behaviour [such as driving time, speed, acceleration]
Statistical evaluation of the geolocations of vehicles with geolocations on the maps used.
The mark was filed in class 36 with following description of goods:
Issuing of service cards with payment functions to commercial goods and passenger transport operations, for cashless in-transit supplying of lorries, buses and their drivers
Computerised processing of financial transactions/operations, namely using service cards having a payment function and legitimation function
Services, in relation to the following fields, Cashless payment transactions of national and international businesses involved in commercial goods and passenger transport, of national and international commercial vehicle fleets of passenger vehicles and/or lorries and relating to transport f, namely, Billing [in the context of conducting cashless payment transactions] predominantly based on software programs developed to be customer-oriented, computerised billing [in the context of conducting cashless payment transactions] for fuel, ferry fees, highway fees, toll charges and/or VAT
Electronic processing of payment transactions relating to foreign VAT repayments
Conducting cashless payments in the field of paying road tolls and other road fees
Debt collection
Handling electronic payment transactions
Services, in relation to the following fields, Processing payments made by service cards, In particular, Conclusion of acceptance contracts with tollgates
Freight forwarding, namely customs brokerage for others
Border clearance and ferry services, namely arranging of access authorisations for toll lanes and tunnels (customs brokerage)
Collecting user fees by means of issuing car windscreen stickers (permits)
Issuing of vignettes
Preparing financial surveys
Emergency cash supply via contracting partners.
The mark was filed in class 37 with following description of goods:
Motor vehicle repair workshop services
Service station services and sales and servicing relating thereto, namely cleaning of motor vehicles, reparing of motor vehicles
Breakdown assistance, namely repair of motor vehicles by the roadside and in motor vehicle repair workshops
Motor vehicle maintenance
Repair of tyres and motor vehicle cooling systems
Maintenance of tyres and motor vehicle cooling systems
Operation of multi-language emergency breakdown services by means of a hotline on the internet, namely consultancy via motor vehicle professionals relating to the repair of vehicle breakdowns
Installation of toll recording and toll collection devices
Maintenance of toll recording and toll collection devices
Installation and maintenance of housings with a system for geolocation and for position sensing or for detecting thoroughfares
Installation and maintenance of electronic apparatus and instruments for geolocation via satellite known as GPS or GPS-GPRS
Installation and maintenance of telematic and GPS vehicle tracking systems for locating vehicles in real time and for transmitting data on vehicle usage and driving behaviour
Installation and maintenance of telecommunications apparatus and instruments without voice support for data transfer over short distances between road systems and mobile units
Installation and maintenance of apparatus for recording, transmission or reproduction of sound or images
Installation, Maintenance, In relation to the following goods, Electronic transmitting and receiving apparatus [on-board units] for use on toll roads
Installation, repair and maintenance of telecommunications facilities, radio and communications technology apparatus, and apparatus for navigation, direction-finding and locating, transmitters, transceivers, receivers, aerials, sensors, control and monitoring apparatus.
The mark was filed in class 38 with following description of goods:
Telecommunications, including radio services, namely guidance of motor vehicles via radio in commercial road haulage
Operation of multi-language emergency breakdown services, namely, Providing of access to information including the technical expertise of motor vehicle professional via telecommunications on the internet
Providing of access to the internet, in relation to the following fields, Messages, Data, information, Transmission on the internet, in relation to the following fields, Messages, Data, information
Telecommunications for national and international commercial freight and passenger transport, namely transmission of information relating to road conditions, traffic situations, the location of service stations, the location of vehicles, technical vehicle matters, the price of fuel domestically and abroad via the internet by means of radio services
Transmission of information via data processing servers, freely accessible telematics
Telemetry services, namely, Remote transmission of geolocations, motors and engines and tachograph data
Transmission and exchange via multimedia supports
Telecommunications services for geolocation
Access providing services to a worldwide computer network
Providing of connections to a global computer network by means of telecommunications
Installation of notification functions for sending automated reports, namely Transmission of electronic mail
Rental of telecommunication equipment, Relating to the following purposes, transmission of news and on-board-units
Professional consultancy in the field of telecommunications, in particular relating to installations for geolocation in connection with traffic conditions on road and motorway networks and relating to on-board units
Telecommunications services for remote access to on-board units for the purpose of updating and/or expanding the personalisation data
Providing access to online services, Relating to the following purposes, use of services in the field of GPS positioning and logistics based on IoT [Internet of Things].
The mark was filed in class 39 with following description of goods:
Rental, in relation to the following goods, Vehicles, For the construction sector, further special vehicles
Tracking of passenger or freight vehicles by computer or via GPS
Breakdown assistance, namely towing and recovery services
Towing services, in relation to the following goods, Vehicles
Car rental
Car rental, namely Rental of buses and vehicles for the freight-forwarding sector
Rental of vehicle accessories, in particular roof racks, children' s safety seats, vehicle trailers, snow chains
Vehicle transport via rail
Transport of complete lorries or semi-tractor trailers by rail, namely, Transport systems for accompanied and unaccompanied combined rail transport in the form of rolling road, intermodal transport
Wrapping and packaging services
Storage
Arranging of transportation for travel tours
Loading of transport goods
Information, services, in relation to the following fields, National and international commercial goods and passenger transport, relating to road conditions, traffic situations, the location of service stations, the location of vehicles and technical vehicle data
Locating broken-down goods vehicles via computer by means of computerised map systems and by means of electronic navigation and locating devices
Routing via mobile radio, namely in the form of motor vehicle fleet control using electronic navigation devices and by radio
Transport, in particular freight forwarding, other than customs clearance of goods
Information agency services, namely With city, travel and traffic information
Delivery of teleshopping offers, for others
Booking of seats for travel
Parking area search services (providing of information relating to the availability and position of parking spaces, indication of free parking spaces via electronic navigation and positioning apparatus)
Itinerary travel advice services.
The mark was filed in class 42 with following description of goods:
The installation, Servicing, in relation to the following goods, Software for toll determination and toll billing devices and for systems for geolocation and position sensing or detecting thoroughfares, for electronic apparatus and instruments for geolocation by satellite, for transmission and receiving equipment [on-board units], for navigation devices
Compiling of databases
Rental of computing capacities in computer centres
Designing installations and equipment for telecommunications
Technical consultancy, in relation to the following fields, User assistance, Help lines services
Technical development of magnetic and chip cards and other computerised certificates
Electronic data storage
Design of internet sites and homepages
Creation of internet sites and homepages
Drawing up of technical damage reports
Programming services, in relation to the following goods, Software for sending automatic reports
Creation of software for remote access to on-board units for the purpose of updating and/or expanding personalised data, for updating the software version of the operation system of the on-board units and for updating map materials or other data relevant to recording tolls
Development, The installation, Adaptation, in relation to the following goods, Application software for the providing of multimedia content, custom software for navigation devices, smartphones, computers
Design and development of computer software for logistics, supply chain management and e-business portals.
The mark was filed in class 43 with Hotel reservations.