The trademark RACE EVOLWEAR was filed by Daniele Sarti, a national of the Italian Republic (the "Applicant") and Andrea Mizzoni, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 2, 2021, and received one opposition filed on August 1, 2021 by REAL AUTOMOVIL CLUB DE ESPAÑA on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003151862 was refused according to Article 8(1)(b) EUTMR with decision issued on May 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Sportswear
Sports jackets
Unitards
Sports caps
Casual shirts
Sports pants
Gym suits
Sports bras
Sports singlets
Sports jerseys
Sports bibs
Sport coats
Jumper suits
Sweatpants
Sports socks
Training shoes
Jackets being sports clothing
Cleats for attachment to sports shoes
Sports shirts with short sleeves
Moisture-wicking sports shirts
Moisture-wicking sports pants
Combative sports uniforms
Footwear not for sports
Wetsuits for surface watersports
Sports jerseys and breeches for sports
Shoes
Dress shoes
Aqua shoes
Flat shoes
Waterproof shoes
Slip-on shoes
Dance shoes
Deck shoes
Football shoes
Anglers' shoes
Rainshoes
Hockey shoes
Mountaineering shoes
Canvas shoes
Baseball shoes
Running shoes
Walking shoes
Heels
Rugby boots
Stiffeners for shoes
Boxing shoes
Basketball sneakers
Gymnastic shoes
Golf footwear
Bowling shoes
Handball shoes
Athletic shoes
Tennis shoes
Swim shorts
Bathing caps
Running Suits
Track jackets
Running vests
Shell jackets
Spiked running shoes.
The mark was filed in class 28 with following description of goods:
Sports games
Spring boards [sports articles]
Sports equipment
Bob-sleighs
Shin guards [sports articles]
Protective padding for sports
Sporting articles
Nets for sports
Skeletons [sports articles]
Toy sporting apparatus
Crossbows [sporting apparatus]
Knee guards [sports articles]
Sleds [sports articles]
Sling shots [sports articles]
Balls being sporting articles
Elbow guards [sports articles]
Men's athletic supporters [sports articles]
Bats [sporting articles]
Putters [sporting apparatus]
Targets for sporting use
Harnesses for use in sports
Hammers for sports
Discuses for sports
Sportballs
Rings for sports
Boards used in the practice of water sports
Benches for sporting use
Inflatable balls for sports
Grips for sporting articles
Nets for sporting purposes
Cases adapted for sporting articles
Sports bows [archery]
Javelins [for field sports]
Javelins [sporting articles]
Hurdles [for track sports]
Arm guards for sports use
Target launchers [sports articles]
Sporting articles and equipment
Bags specially adapted for sports equipment
Protective cups for sports
Body protectors for sports use
Balls for racket sports
Sandboxes [sporting articles]
Sports equipment for pets
Forearm guards [sports articles]
Golf flags [sports articles]
Trolley bags for golf equipment
Camouflage screens [sports articles]
Sports training apparatus
Paintball guns [sports apparatus]
Covers (Shaped -) for sporting articles
Electronic targets for games and sports
Starting blocks for sports
Leg guards adapted for playing sport
Tennis uprights [sports equipment]
Weight lifting belts [sports articles]
Starting blocks for sports events
Paintballs [ammunition for paintball guns] [sports apparatus]