The trademark FSMOBILITY was filed by FSS BILGISAYAR YAZILIM DANISMANLIK SANAYI TIC.LTD.STI., a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on December 8, 2021, and received one opposition filed on March 7, 2022 by Ferrovie dello Stato Italiane S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BUGNION S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 7, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003165396 was refused according to Article 8(1)(b) EUTMR with decision issued on February 12, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Measurement apparatus
Thermometers, not for medical purposes
Barometers, ammeters, voltmeters, hygrometers, testing apparatus not for medical purposes
Electronic components used in the electronic parts of machines and apparatus, semi-conductors, electronic circuits, integrated circuits, chips [integrated circuits], diodes, transistors [electronic], magnetic heads for electronic apparatus, electronic locks, photocells, remote control apparatus for opening and closing doors, optical sensors
Counters and quantity indicators for measuring the quantity of consumption, automatic time switches
Clothing for protection against accidents, irradiation and fire, safety vests and life-saving apparatus and equipment
Eyeglasses, sunglasses, optical lenses and cases, containers, parts and components thereof
Apparatus and instruments for conducting, transforming, accumulating or controlling electricity, electric plugs, junction boxes [electricity], electric switches, circuit breakers, fuses, lighting ballasts, battery starter cables, electrical circuit boards, electric resistances, electric sockets, transformers [electricity], electrical adapters, battery chargers, electric door bells, electric and electronic cables, batteries, electric accumulators, solar panels for production of electricity
Alarms and anti-theft alarms, other than for vehicles, electric bells
Signalling apparatus and instruments, luminous or mechanical signs for traffic use
Fire extinguishing apparatus, fire engines, fire hose and fire hose nozzles
Radar apparatus, sonars, night vision apparatus and instruments
Decorative magnets
Metronomes.
The mark was filed in class 42 with following description of goods:
Scientific and industrial analysis and research services
Engineering
Engineering and architectural design services
Testing services for the certification of quality and standards
Computer services, namely, computer programming, computer virus protection services, computer system design, creating, maintaining and updating websites for others, computer software design, updating and rental of computer software, providing search engines for the internet, hosting websites, computer hardware consultancy, rental of computer hardware
Industrial design services, other than engineering, computer and architectural design