The trademark POLYRACE was filed by Philip Perez, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 28, 2021, and received one opposition filed on September 28, 2021 by REAL AUTOMOVIL CLUB DE ESPAÑA on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003155657 was refused according to Article 8(1)(b) EUTMR with decision issued on December 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
E-commerce and e-payment software
Electronic payment terminals
Computer e-commerce software
Computer e-commerce software to allow users to perform electronic business transactions via a global computer network.
The mark was filed in class 25 with following description of goods:
Tee-shirts
Short-sleeve shirts
Mock turtleneck shirts
Shirts and slips
Padded shirts for athletic use
Sweaters
Crew neck sweaters
Long sleeve pullovers
Sleeveless jerseys
Hooded pullovers
Sports jerseys
Mock turtleneck sweaters
Nurse pants
Shorts
Mufflers [clothing]
Denim jeans
Scarves
Weatherproof pants.
The mark was filed in class 28 with Electronic activity toys.
The mark was filed in class 35 with Merchandising.
The mark was filed in class 36 with following description of goods:
Electronic financial trading services
Electronic processing of payments
Electronic funds transfer for travel agents
Electronic banking services
Processing of electronic payments
Electronic funds transfer
Electronic commerce payment services
Trade finance services
Exchange services relating to the trading of futures.
The mark was filed in class 38 with following description of goods:
Communication services provided electronically
Electronic communications services
Electronic communication services for preparing financial information
Signal transmission for electronic commerce via telecommunication systems and data communication systems.
The mark was filed in class 42 with Constructing an internet platform for electronic commerce.