The trademark ivy was filed by MFM GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 1, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 1, 2021 by Bellabeat, Inc. on Likelihood of confusion. the opponent was represented by Borenius Attorneys Ltd and its proceedings were handled in English The second opposition filed on September 1, 2021 by Jaguar Land Rover Limited on Likelihood of confusion. the opponent was represented by REDDIE & GROSE B.V. and its proceedings were handled in English The third opposition filed on September 1, 2021 by Avy Technologies B.V. on Likelihood of confusion. the opponent was represented by CHIEVER BV and its proceedings were handled in German
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:
Software
Databases
Computer systems for automated vehicle rental
Mobile apps
Software, in particular for the providing of information relating to transport services
Downloadable computer software for renting of vehicles in the field of vehicle sharing
All of the aforementioned goods for use in relation to renting and sharing vehicles of any kind (except drones), but particularly not related to health and fitness data of any kind, including such as heart rate, menstrual cycles, sleeping and breathing habits and fetal development
None of the aforesaid goods being integrated into vehicles or for providing entertainment within a vehicle and none of the aforesaid communicating with software integrated into vehicles and none being for controlling or operating a vehicle or in-vehicle technology except for telematics boxes that in particular control the opening and closing of vehicles and that transmit the mileage, fuel level and position of the vehicle and similar information.
The mark was filed in class 12 with following description of goods:
Numberplate holders
Tumbler holders adapted for use in motor vehicles
Scooters [vehicles]
Motor scooters
Baskets adapted for scooters
Bicycles
Electric bicycles
Pedelecs
Scooters [for transportation]
Non-motorized scooters [vehicles]
Electrically operated scooters
Motorized and non-motorized scooters for personal transportation
Parts and fittings for vehicles, except cars and drones
Luggage carriers for vehicles
Luggage carrier bags for vehicles.
The mark was filed in class 35 with following description of goods:
Advertising, marketing, promotion
Commercial services and consumer information
Business assistance, management and administrative services
Advertising, marketing and promotional services
Arranging of contracts, for others, for the providing of services, namely Arranging contracts relating to vehicle rental and for the providing of transport services, In particular Rental of motor vehicles and means of transportation on land, Insurance brokerage, Arranging of charging stations, parking spaces and parking of vehicles and route planning and navigation services [locating, route and course planning]
Commercial trading and consumer information services, namely Arranging of contracts in relation to electrical energy
Business administration
Business analysis, research and information services
Market research
Hire, rental and leasing in relation to the following fields, Publicity , Advertising spaces, in particular for motor vehicles, advertising time in and on communication media
All of the aforesaid relating to vehicle rental or vehicle sharing schemes and none of the aforesaid relating to the retailing or financing of vehicles.
The mark was filed in class 39 with following description of goods:
Transport, Excluding the following services: Drone delivery and drone transport services and other than transport and supply services in connection with rescue operations, forest fire prevention services, fire services, rescue operations, traffic management services, police services, infrastructure events, harbour maintenance services, harbour inspection services, harbour observation services, harbour monitoring services, harbour freight, healthcare logistics, vaccine delivery, blood sample transport, shipping of medicines and other urgent healthcare deliveries
Packaging and storage of goods
Arranging of transportation for travel tours
Vehicle parking and storage, Excluding the following services: Parking and storing drones
Rental services related to transportation and storage, Excluding the following services: Services in connection with drone delivery and drone transport, emergency services, forest fire prevention services, fire services, rescue operations, traffic management services, police services, infrastructure events, harbour maintenance services, harbour inspection services, harbour observation services, harbour monitoring services, harbour freight, healthcare logistics, vaccine delivery, blood sample transport, shipping of medicines and other urgent healthcare deliveries
Information, consultancy and reservations relating to transport services, other than services in connection with drones
Distribution by pipeline and cable
Navigation (positioning, and route and course plotting)
Providing of information and planning and booking of transport services, The aforesaid services, not in relation to the following goods: Drones
Car sharing services
Transport, Excluding the following services: Transports by drone and other than transport services in connection with rescue operations, forest fire prevention services, fire services, rescue operations, traffic management services, police services, infrastructure events, harbour maintenance services, harbour inspection services, harbour observation services, harbour monitoring services, harbour freight, healthcare logistics, vaccine delivery, blood sample transport, shipping of medicines and other urgent healthcare deliveries
Rental, in relation to the following goods: Vehicles, Especially, Automotive vehicles, truck, Wheel scooters, Kickboards, Bicycles, Electric bicycles, Vehicles, not in relation to the following goods: Drones
Rental of vehicle accessories, in particular roof racks, children' s safety seats, vehicle trailers, snow chains
Vehicle towing
Transport of persons and goods by vehicle, including motor vehicles and lorries, railway, ships and aeroplane, other than drones and other than transport services in connection with rescue operations, forest fire prevention services, fire services, rescue operations, traffic management services, police services, infrastructure events, harbour maintenance services, harbour inspection services, harbour observation services, harbour monitoring services, harbour freight, healthcare logistics, vaccine delivery, blood sample transport, shipping of medicines and other urgent healthcare deliveries
Services of a travel agency
Chauffeur services
Chauffeur driven car hire services
Courier services for the supply of goods other than deliveries by drone and other than deliveries in connection with rescue operations, forest fire prevention services, fire services, rescue operations, traffic management services, police services, infrastructure events, harbour maintenance services, harbour inspection services, harbour observation services, harbour monitoring services, harbour freight, healthcare logistics, vaccine delivery, blood sample transport, shipping of medicines and other urgent healthcare deliveries
Transport brokerage
Transport of travellers
Sightseeing, tour guide and excursion services
Towing services
Rental of parking areas for vehicles
Providing of information relating to parking areas only relating to vehicle rental or vehicle sharing scheme for vehicles
Hire, rental and leasing in relation to the following goods: automotive vehicles, cars, vehicles, navigations systems (only rented out as part of the rented vehicle)
Hiring, rental and leasing of garages, parking lots, parking places and parking spaces
Rental of scooters for transportation purposes
Rental of cycles
Rental of electric bicycles
Rental of powered bicycles
Motorcycle rental
All of the aforesaid relating to vehicle rental or vehicle sharing schemes.