The trademark application was filed by OMV Downstream GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). Application refused.
It was designated 'Basic Application' for International Application 1626050 at the World Intellectual Property Organization (WIPO).
The application was filed in German (English was selected as the second language).
The Appeal with reference B R0088/2023-2 was Trade mark application refused according to Article 104 EUTMR with decision issued on May 4, 2023 by the EUIPO. The Refusal with reference B 018488919 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 9, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical preparations for use as additive to fuels for improving combustion
Chemical additives to motor fuel
Hydrogen.
The mark was filed in class 4 with following description of goods:
Fuels
Non-chemical additives for fuels
Illuminants
Electrical energy
Lubricants
Industrial oil.
The mark was filed in class 35 with following description of goods:
Retail services in relation to food and beverages
Retail services in relation to household goods, namely igniters, adhesives, tableware, cookware and containers, cleaning articles, cosmetic and toilet utensils and hygiene utensils, articles for the care of clothing and footwear as well as parts and fittings for the aforesaid goods
Retail services in relation to travelling necessaries, namely recorded content, navigation, guidance, tracking, targeting and map making devices as well as parts and fittings for the aforesaid goods
Retail services in relation to magazines, stationery, toys
Retail services in relation to electrical goods, namely communications equipment, audio devices and radio receivers, apparatus and instruments for accumulating and storing electricity, lighting apparatus, ventilating fans, laser pointers, electrical image capturing devices, food and beverage cooking, heating, cooling and treatment equipment
Retail services in relation to information technology and audio-visual, multimedia and photographic devices, photo equipment, glasses, textiles, bags
Retail services in relation to vehicle equipment, namely lubricants, brake fluid, chemical and non-chemical additives for fuels and lubricants, antifreeze, cleaning and fragrancing preparations
Retail services in relation to vehicle parts, vehicle accessories, fuels, engine oils
Retail services in relation to flowers
Retail services in relation to gifts as well as souvenirs, namely jewellery, time instruments, key rings, jewellery boxes and watch boxes as well as parts and fittings for the aforesaid goods, money holders, hair ornaments
Retail services in relation to decorative goods, namely statues, figurines, plaques, ornaments, decorations and works of art made of common metal, paper, cardboard, stone, concrete, marble, wood, wood resin, wax, plaster, plastic, mica, rubber, gutta-percha, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, porcelain, ceramic, earthenware, terra-cotta, glass, fur, leather or animal skins or of imitations for all these materials
Retail services in relation to decorative goods, namely statues, figurines, plaques, ornaments, decorations and works of art made of or coated with precious metals, semi-precious metals or stones, or imitations thereof as well as furniture and furnishings, displays, stands and signage, artificial fruit, flowers and vegetables
Retail services in relation to tobacco, smokers' articles
The bringing together, for the benefit of others, of a variety of stored value cards for the purchase of telecommunication services, clothing, entertainment services or multimedia content, enabling consumers to conveniently compare and purchase such cards
The bringing together, for the benefit of others, of a variety of lottery services, enabling consumers to conveniently compare and purchase such services
The bringing together, for the benefit of others, of a variety of road use permits (toll cards), enabling consumers to conveniently compare and purchase these goods
Wholesale and retail services in relation to chemical substances, chemical materials and chemical preparations, and natural elements for industrial or scientific use, hydrogen, fuels, chemical or non-chemical additives for fuels, illuminants, lubricants, industrial oil, hot water, medicinal and mineral water
Business analysis and research services in relation to the emergency supply of chemical substances, chemical materials and chemical preparations, and natural elements for industrial or scientific use, fuels, illuminants, lubricants, industrial oil, hydrogen, electrical energy
Retail services in relation to household goods, namely food preparation implements, kitchen knives and cutlery as well as parts and fittings for the aforesaid goods, feeding aids and pacifiers, lighting and lighting reflectors, food and beverage cooking, heating, cooling and treatment equipment as well as parts and fittings for the aforesaid goods, animal housing and beds
Retail services in relation disposable paper products, printed matter, umbrellas and parasols, walking sticks, headgear, sewing articles
Advice, consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 37 with following description of goods:
Vehicle repair, maintenance, refuelling and recharging
Vehicle service stations [refuelling and maintenance]
Automobile cleaning and car washing
Advice, consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 41 with Ticket agency services [entertainment].
The mark was filed in class 43 with following description of goods: