The trademark ROSE PASSION was filed by ROSE PASSION, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 25, 2021, and received one opposition filed on September 8, 2021 by PIRELLI TYRE S.p.A. on Likelihood of confusion. the opponent was represented by PORTA & CONSULENTI ASSOCIATI 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 French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0816/2023-5 was Other according to Article 66 EUTMR with decision issued on November 30, 2023 by the EUIPO. The Opposition with reference B 003154496 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Starter alternators
Alternators for land vehicles
Electric alternators for land vehicles
Fuel systems for internal combustion engines
Exhausts
Automotive exhaust pipe
Catalytic converters for the exhaust gases of internal combustion engines.
The mark was filed in class 11 with following description of goods:
Lighting apparatus for vehicles
Headlights for automobiles
Turn sign-board lamps for motor vehicles
Vehicle HVAC systems (heating, ventilation and air conditioning).
The mark was filed in class 12 with following description of goods:
Wiper blade adapters for vehicles
Electric cigarette lighters for land vehicles
Suspension shock absorbers for motor vehicles
Head-rests for vehicle seats
Brake hardware for vehicles
Windscreen wiper blades
Fitted vehicle covers
Windshield wiper blades for vehicles
Brake blocks for vehicles
Glove boxes for automobiles
Windscreen wiper arms
Caps for vehicle fuel tanks
Suspension struts for vehicles
Brake cables for vehicles
Vehicle chassis
Bodies for vehicles
Steering columns for vehicles
Components for brakes for vehicles
Consoles being parts of vehicle interiors
Rubber belts for land vehicle transmissions
Cushions adapted for use in vehicles
Steering wheel covers
Brake cylinders for vehicles
Scratch guards for vehicles
Electronic anti theft devices for vehicles
Anti-dazzle devices for vehicles
Head restraints for vehicles
Brake discs for vehicles
Backrests for vehicle seats
Air deflectors for vehicles
Jaw clutches for land vehicles
Axles for vehicles
Electronic brakes for vehicles
Wheel brakes
Cone brakes for land vehicles
Disc brakes for land vehicles
Leather upholstery for vehicles
Brake linings for vehicles
Protective covers for vehicle seats [fitted]
Vehicle head rest covers
Covers for vehicle steering wheels
Protective interiors for vehicles
Constant velocity joints [vehicle parts]
Ball joints [vehicle parts]
Handbrake knobs for vehicles
Vehicle rear windows
Axle boots for vehicles
Vehicle body hardware
Struts (Non-metallic -) parts of vehicles
Body panels for vehicles
Glass screens for vehicles
Vehicle bumpers
Sun visors [vehicle parts]
Bodywork parts for vehicles
Brake parts (Vehicle -) made of materials having frictional properties
Brake pads for vehicles
Door handles for land vehicles
Cup holders for vehicles
Side doors for vehicles
Doors for vehicles
Shock absorbing springs for vehicles
Hydraulic brake pressure regulators for vehicles
Petrol tanks for vehicles
Brake shoes for vehicles
Wheels, tyres and continuous tracks
Vehicle seats
Suspensions for vehicles
Modular chassis systems for vehicles
Braking systems for vehicles and parts thereof
Dashboards
Brake drums for vehicles
Fuel lines for vehicles
Steering wheels
Windows for vehicles
Vehicles
Parts and fittings for vehicles
Safety restraints for use in vehicles
Safety belts for vehicle seats
Passenger seat belt retractors
Passenger seat belt pre-tensioners
Passenger seat belt presenters
Restraints for use with vehicle safety belts
Heat engines for land vehicles
Electric motors for motor cars
Engines for racing cars
Gasoline engines for land vehicles
Internal combustion engines for land vehicles
Starter motors for land vehicles
Hydraulic clutches for land vehicles
Clutch levers for land vehicles
Clutch mechanisms for motor cars
Clutch disks for land vehicles
Clutches for land vehicles
Couplings for use with clutches for land vehicles
Double clutch transmissions for land vehicles
Freewheels for land vehicles
Friction clutch driven plates for land vehicles
Friction clutch cover assemblies for land vehicles
Discs for clutch thrust bearings of land vehicles
Reservoirs being parts of land vehicle clutches
Gearboxes for motor cars
Vehicle shock absorbers
Shock absorbers being parts of vehicle suspension
Shock absorbing springs for automobiles
Brake systems for land vehicles
Disc brake rotors for vehicle braking systems
Disc brake friction pads for vehicle braking systems
Reservoirs being parts of vehicle braking systems
Wheel rims [for automobiles]
Steering wheels [vehicle parts]
Fitted covers for vehicle steering wheels
Anti-theft locks for use on automobile steering wheels
Automobile bodies
Carriage body parts
Components for the outer bodies of vehicles
Car body modification parts for sale in kit form
Aerodynamic attachments for vehicle bodies
Sun visors being parts of vehicle bodywork
Headlight shields.
The mark was filed in class 35 with following description of goods:
Dissemination of advertising matter
Distribution of promotional matter
Direct mail advertising
Sales promotion for others provided through the distribution and the administration of privileged user cards
Conducting interactive virtual auctions
Arranging and conducting auctions
Arranging and conducting of Internet auctions
Auctioning of vehicles
Retail services in relation to vehicles
Retail services relating to automobile accessories, excluding tires, tires for vehicle wheels, solid tires for vehicle wheels, inner tubes for pneumatic tires, inner tubes for vehicle tyres, repair outfits for inner tubes, adhesive rubber for repairing inner tubes, vehicle wheels, rims for vehicle wheels
Online ordering services
Automobile registration services
Systemization of information into computer databases
Compilation and systematisation of information in databanks
Collection and systematisation of information into computer databases
Compilation and systemization of information into computer databases
Compilation and input of information into computer databases.
The mark was filed in class 38 with following description of goods:
Providing online forums
Providing on-line electronic bulletin board services and chat rooms
Telecommunication services
Electronic bulletin board services
Videoconferencing services
Electronic mail and messaging services
Electronic exchange of data stored in databases accessible via telecommunication networks
Transmission of database information via telecommunications networks
Providing telecommunications connections to databases
Provision of telecommunications access to databases and the internet
Providing telecommunications connections to a global computer network or databases
Transmission and reception [transmission] of database information via the telecommunication network
Providing telecommunications connections to the internet or databases.