The trademark HOYA was filed by ZEG Zweirad-Einkaufs-Genossenschaft eG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 18, 2021, and received one opposition filed on August 18, 2021 by Volkswagen Aktiengesellschaft on Likelihood of confusion. the opponent was represented by DENNEMEYER & ASSOCIATES and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 18, 2021
It was designated 'Basic Application' for International Application 1645596 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by Hermann Hartje KG (represented by Blaum Dettmers Rabstein Rechtsanwaltspartnerschaft mbB) on August 18, 2024 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on November 8, 2022.
The Cancellation with reference B 000057087 was Cancellation rejected according to Article 7(1)(c) EUTMR with decision issued on June 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Parts and accessories for all the aforesaid vehicles and transportation means, included in this class
Apparatus for locomotion by land, air or water
Vehicles for use on land
Two-wheeled vehicles
Non-motorised vehicles
Non-motorised land vehicles
Motorised two-wheeled vehicles and three-wheeled vehicles
Non-motorised two-wheeled vehicles and three-wheeled vehicles
Bicycles
Electric bicycles
Pedelecs
S-pedelecs
E-bikes
Electric bicycles
Mobility scooters
Electrical transporter
Electric scooters
Pedal driven land vehicles
Human-powered land vehicles
Muscle-powered land vehicles having a chain or belt as the power transmission means
Vehicles with power-assisted pedalling
Vehicles with pedal drives
Vehicles having a hand-crank mechanism
Vehicles with pedal assistance
Children's bicycles
Tricycles
Trailers for vehicles, in particular two-wheeled vehicles
Bicycles for transport
Cargo bicycles
Transport vehicles
Delivery tricycles
Mopeds
Mopeds
Motorcycles
Mopeds
Motorcycles
Electric motorcycles
Scooters [vehicles]
Scooters [vehicles]
Sports bicycles
Racing bicycles
Mobility vehicles
Reclining bicycles
Folding bikes
Folding bicycles
Folding bikes
Unicycles
Bicycle trailers for transporting children, animals, items or freight
Electrically operated scooters
Self-balancing vehicles
Self-balancing scooters
Self-balancing boards
Push scooters [vehicles]
City scooters (vehicles)
Street scooters (vehicles)
Two-wheeled vehicles and parts for the construction thereof, included in class 12
Parts, attachments and spare parts for all the aforesaid vehicles, included in class 12
Parts for bicycles and two-wheeled vehicles, included in class 12
Parts of bicycles and Parts for two-wheeled vehicles, In particular: bicycle brakes, Cycle bells, Bicycle bells, Hubs for bicycle wheels, Bicycle pedals, Bicycle saddles, Front attachments for bicycles, Bicycle stop stands, Wheel hubs, Handle bars, Handlebars, Handlebar stems, Wheel trims, Mudguards, Spokes, Handlebars (bar ends), Saddle clamps, gear cases, Hub and derailleur gears, Cycle bells, Bulb horns, Direction indicators, electric horns, Airpumps, Casings and inner tubes for pneumatic tyres, Grips and covers for bicycle handlebars
Stabilisers for children's bicycles
Parts of bicycles and Parts for two-wheeled vehicles, namely In particular BMX bicycle parts, special parts for mountain bikes, Adhesive rubber patches for repairing inner tubes, Freewheel sprockets, Bicycle forks and parts thereof, baskets for luggage carriers, dropouts for forks and rear stays, Chain wheel fittings and Wheel sprockets, Return and multi-speed hubs, sleeves and other connectors for frames, spoke-nipples, brake pads, bicycle toe clips and toe straps
Bicycle frames, Bicycle rear view mirror, bicycle spoke locks, Bicycle mudguards and parts therefor
Tubes for two-wheeled vehicles, [adapted structural parts]
Tubes, namely Frame elements for two-wheeled vehicle frames
Bicycle brakes and parts of bicycle brakes
Bowden cables for bicycles, Bicycle handlebar tape, Bicycle chains, Bicycle bottle holders, Bicycle pedal cranks, bicycle bottom brackets and parts thereof
Bicycle kickstands of metal, namely Parts for bicycles
Bicycle frames
Vehicle frames
Safety seats for children, for vehicles
Child seats for bicycles
Prams
Vehicle tires
Bicycle tyres
Hoses, valves and repair outfits for vehicle tyres
Casings for pneumatic tyres for vehicles
Bicycle panniers
Luggage bags, Saddlebags, Handlebar bags and Luggage carriers Goods being specially adapted for two-wheeled vehicles
Bags and cases specially adapted for vehicles
Bags for bicycles
Baskets adapted for bicycles
Bicycle transport bags
Bags for carrying bikes
Saddlebags or panniers adapted for bicycles or motorcycles
Bicycle pannier bags
Engines and motors for land vehicles and two-wheeled vehicles
Engines for land vehicles
Bicycle motors
Bicycle motors
Electric motors for two-wheeled vehicles
Signal arms for vehicles
Anti-theft devices for vehicles
Luggage racks and luggage carriers for vehicles
Wheeled luggage carriers
Luggage nets for vehicles
Luggage carriers for cycles
Luggage carriers and luggage-carrying systems for two-wheeled vehicles
Luggage carriers for attachment to vehicles, in particular luggage carriers for attachment to two-wheeled vehicles
Cargo carriers for vehicles
Motorized luggage carts
Non-motorized, collapsible luggage carts
Baskets, boxes, luggage boxes or transport boxes for attachment to vehicles (adapted goods)
Saddlebags, Seat bags, bicycle frame bags, Handlebar bags and Baskets adapted for bicycles, All the aforesaid goods being specially adapted goods for attachment to bicycles or two-wheeled vehicles
Pumps for inflating pneumatic tyres
Pumps for inflating vehicle tyres, in particular bicycle tyres
Pumps for bicycle tyres
Wheels and wheel sets for vehicles, in particular bicycles and two-wheeled vehicles
Fitted covers for vehicles, in particular for bicycles, bicycles for transport purposes, child carriers or pedelecs
Hoods for vehicles
Gears for bicycles
Cycle stands
Bicycle saddles
Motorcycle saddles
Saddles and seats for vehicles
Saddle covers for bicycles
Bicycle seat posts
Seat pillars [parts of vehicles]
Saddlebags adapted for bicycles or tricycles
Anti-theft devices for vehicles or Anti-theft devices for vehicles
Electronic anti theft devices for vehicles or Digital anti-theft devices for vehicles
Specially adapted assembly stands for bicycles with clamping devices for bicycles
Bicycle kickstands, namely Parts for bicycles
Parts, replacement parts and fittings for all of the aforesaid goods, included in this class.