The trademark effidency ITALIAN ENGINE XCELLENCE was filed by NTS S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on August 30, 2021 by FEDERATION INTERNATIONALE DE L'AUTOMOBILE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOERR ALICANTE IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Linear motors
Hydraulic engines and motors
Winch motors
Starters for motors and engines
Fractional horsepower electric motors
Engines for compressors
Driving devices for machines
Cylinder heads for engines
Electric motors for use with doors
Compressed air engines
Electric driving motors for machines
Milling grinding motors
Electric motors for refrigerators
Electric motors for heating installations
Power driven hedge shears
Shears, electric
Motorized cultivators
Fans for motors and engines
Vibration motors
Turbo-superchargers for engines
Power saws
Electronic controls for motors
Pump-motor assemblies
Pruning saws [motorised]
Radiators [cooling] for motors and engines
Gardening machines (Powered -)
Turbo-superchargers for vehicle engines
Power-operated lawn aerators
Power-operated lawn and garden tillers
Power blowers for lawn debris
Pumps [parts of machines, engines or motors]
Recoil starters for engines other than for vehicles
Motors, electric, other than for land vehicles
Driving motors, other than for land vehicles
Power ice augers used in ice fishing
Condensers [ignition parts for internal combustion engines]
Electric motors, and their parts, not for land vehicles
Electric motors for machines with a digital servo drive controller
Power-operated lifts for moving, parking and storing land vehicles
Electronic door openers
Electric pulley blocks
Hoists
Butterfly shutters
Lifts, other than ski-lifts
Elevator doors
Elevator operating apparatus
Driving devices for lifts
Lifting and hoisting equipment, elevators and escalators
Compressors for air conditioning apparatus
Automatic door apparatus [electric]
Electronic door closing system
Door closers, electric
Door openers, electric
Drives for elevator cabin doors
Lawnmowers [machines]
Lawn mowing attachments for vehicles
Rotary blowers
Clearing saws [machines]
Electric grass trimmers
Line trimmers for garden use
Electric garden scythes
Geared electric motors for water craft
Geared electric motors for aircraft
Engines for the generation of electricity
Submersible electric motors [other than for land vehicles]
Geared electric motors, other than for land vehicles
Starters for asynchronous electric cage motors
Electrical engines, other than for land vehicles
Valves [parts of machines]
Frictional drive components for machines
Machine transmission components, except for land vehicles
Rollers being components of packaging lines [machines]
Machines for the preparation of surfaces for electrical and electronic components
Machine coupling and transmission components, except for land vehicles, and parts therefor.
The mark was filed in class 12 with following description of goods:
Electric motors for motor cars
Electrically powered motor vehicles
Motors, electric, for land vehicles
Electric motors for wheelchairs
Geared electric motors for land vehicles
Electric motors for two-wheeled vehicles
Coupling sleeves (non-electric -) [parts of engines for land vehicles]
Shock absorbers being parts of vehicle suspension
Components for the outer bodies of vehicles
Forklifts, and structural parts therefor
Air springs for vehicle suspension components for cushioning driver's seats and cabs
Bicycle motors
Automobile engines
Traction engines
Motor land vehicles
Alarm systems for motor vehicles
Motorised buggies for the disabled and those with mobility difficulties
Compressors for supercharging internal combustion engines of land vehicles.
The mark was filed in class 42 with following description of goods:
Engineering services
Design of vehicles and vehicle parts and components