The trademark RIVATA was filed by Consolidated Metco, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on June 16, 2021, and received one opposition filed on September 8, 2021 by FERRETTI S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GIAMBROCONO & C. S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic data monitoring systems comprised of sensors, sensor nodes, data transmitters and receivers, communication gateways, wiring, data processors, and computer network interface devices, for recording and transmitting mobile asset operating parameters and location for use in measuring mobile asset performance, maintenance needs, reliability and durability, to signal functional abnormalities, and to check the physical location of assets and cargo relative to the desired or pre-configured route
Downloadable computer firmware that compiles and transmits collected sensor data relating to mobile asset performance, maintenance needs, reliability and durability, to a cloud-based database that uses algorithms to determine normal or abnormal status and displays this status with detailed supporting data charts and reports to the end user
Parts and fittings for the aforesaid goods.
The mark was filed in class 12 with following description of goods:
Vehicle components, including wheel hubs, wheels, tires, brakes and axles, that can be automatically paired to a powered cellular communication gateway via a wireless mesh network for use in an electronic data monitoring system for the recording and transmission of mobile asset operating parameters and location
Parts and fittings for the aforesaid goods
None of the aforesaid being for water vehicles.
The mark was filed in class 35 with following description of goods:
Business services in the nature of monitoring, tracking, and locating mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels, as well as freight, cargo and manufactured goods, using computers, sensors and algorithm-based diagnostics, to inform the user about the health, status and/or location of the tracked asset so as to manage, maintain, organize, pack, store, and route the asset more effectively and efficiently
Business services in the nature of mobile asset management and monitoring services utilising computers and sensors, namely, reporting on commercial data relating to the initial creation, assembly, packaging, routing, delivery, and end of life information of the asset, as well as pre-trip, post-trip, and storage health information of the asset
Data processing services in the nature of monitoring, tracking, and sensing the operating parameters and location of mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels
Advice, information and consultancy in connection with the aforesaid services.
The mark was filed in class 39 with following description of goods:
Providing information on the collection and delivery of mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels, as well as freight, cargo and manufactured goods, using computers, sensors, and algorithm-based diagnostics, to inform the user about the health, status and/or location of the tracked asset so as to manage, maintain, organize, pack, store, and route the asset more effectively and efficiently
Tracking of freight vehicles by computer or GPS
Cargo tracking services
Advice, information and consultancy in connection with the aforesaid services.
The mark was filed in class 42 with following description of goods:
Services for electronic monitoring and reporting the operating parameters and location of mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels, as well as freight, cargo and manufactured goods, using computers, sensors, databases and algorithm-based diagnostics
Quality control and safety testing services relating to the operation of mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels
Computer aided diagnostic testing services relating to the operation of mobile assets, namely, land vehicles and trailers, cargo and freight aircraft, and cargo and freight water transport vessels
Advice, information and consultancy in connection with the aforesaid services.
The mark was filed in class 45 with Property monitoring and tracking services for monitoring the location of mobile assets, freight, cargo and manufactured goods for security purposes and advice, information and consultancy in connection with the aforesaid services..