The trademark SCOOT 2 STREET was filed by SCOOT 2 STREET, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 20, 2021, and received one opposition filed on December 19, 2021 by Scott Sports SA on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003160637 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Protective cases for telephones and protective cases for digital accessories
Flip covers for smart phones
Mouse pads
Holders adapted for mobile telephones
Bags, covers, cases and protective casings for mobile telephones, smartphones
Bags, covers and carry cases for laptop computers and tablets
Headsets.
The mark was filed in class 10 with following description of goods:
Respiratory masks for medical purposes
Masks to prevent contagion
Sanitary masks for medical purposes.
The mark was filed in class 14 with following description of goods:
Jewels
Key rings (trinkets or fobs)
Key rings of leather
Bracelets
Wristwatches
Paste jewellery
Brocades
Lapel pins
Chains
Pendants.
The mark was filed in class 16 with following description of goods:
Stickers [stationery]
Adhesive labels
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Adhesives for stationery or household purposes
Printing type
Ink stamps
Printing blocks
Paper
Decorative luminous paper
Gift wrap
Decorative articles of paper and cardboard
Works of art and figurines of paper and cardboard
Decorative adhesive letters and numbers
Cardboard
Boxes of paper or cardboard
Pencil boxes, boxes for paper
Gift cartons
Hat boxes of cardboard (boxes)
Desk baskets for desk accessories
Desk top planners
Writing mats
Posters
Albums
Photographic albums
Cards
Books
Newspapers
Prospectuses
Pamphlets
Calendars
Bookends
Paperweights
Photograph stands
Writing instruments
Pen trays
Pen cases
File pockets for stationery use
Memorandum boards
Engravings or lithographic works of art
Paintings [pictures], framed or unframed
Framed or unframed posters
Aquarelles
Graphic prints
Drawing instruments
Magnetic boards
Blackboards
Handkerchiefs of paper
Face towels of paper
Table linen of paper
Place mats made of paper or cardboard
Glass and bottle coasters of paper or cardboard
Table place cards
Flower-pot covers of paper
Bags (envelopes, pouches) of paper or plastics, for packaging
Sewing patterns.
The mark was filed in class 24 with following description of goods:
Textile fabric piece goods for use in the manufacture of clothing
Bed and table covers
Fabrics for textile use
Elastic woven material
Velvet
Bed linen and blankets
Duvets
Bed valances
Draw-sheets for sick beds
Crib canopies
Bed covers
Contour sheets
Curtain holders of textile material
Household textile articles
Soft furnishings
Labels of textile
Coverings for furniture
Linens
Bed linen
Bed blankets
Pillowcases and bolsters of fabric for armchairs, chairs [seats]
Table linen, not of paper
Table runners of textile
Place mats, not of paper
Bath linen, except clothing
Tissue boxes
Curtains and net curtains
Door curtains
Curtains for showers
Covers for cushions
Mattress covers
Throws
Kitchen linen
Handkerchiefs
Wall hangings.
The mark was filed in class 35 with following description of goods:
Advertising and business services, Including the retailing, promotion and sale of goods via global computer networks
Import-export agencies
Design of promotional and advertising materials
Preparation of advertising material or Sales promotional concepts
Services consisting of the bringing together, for the benefit of others, of a range of scooter-related goods enabling the consumer to properly examine and purchase them via global computer networks
Retail and wholesale services and Sale via the internet, in relation the following goods: Crash helmets, Sports helmets, Protective helmets for scooters, Sports bags being specially adapted (designed) for protective helmets, Protective cases for telephones and digital accessories, Flip covers for smart phones, Optical goods, spectacles, Sunglasses, sports glasses and Eyeglass cases, eyeglass frames, Spectacle chains, Mouse pads
Retail and wholesale services, Sale via the internet in relation the following goods: Holders adapted for mobile phones, Bags, covers, cases and protective casings for mobile telephones, smartphones, Bags, covers and carry cases for laptop computers and tablets, USB flash drives, Headphones
Retail services and Wholesale, Sale via the internet, in relation the following goods: Respiratory masks for medical purposes, Masks to prevent contagion, Hygienic masks for medical purposes
Retail and wholesale services, Sale via the internet, in relation the following goods: Scooters [toys], Motorised and non-motorised scooters for personal transportation, Cycles, Scooter wheels, castors, Wheel suspensions, Wheel brakes, Treads for retreading tyres, grip bands for scooters, stands for scooters, non-slipping wax for scooters, scooter handlebars, scooter handles
Retail and wholesale services, Sale via the internet, in relation the following goods: jewelry findings, key rings [trinkets or fobs], key holders of leather, Bracelets, watch bracelets, Paste jewellery, Brooches, Pins, chains, pendants
Retail and wholesale services, Sale via the internet, in relation the following goods: Stickers, Stickers, Self-adhesive labels [magnetic], Printed matter, bookbinding materials, Photographs, stationery, Adhesives for stationery or household purposes, Printers' type, Inking pads, Printing blocks, Paper, Decorative luminous paper, giftwrap, decorative articles of paper and Cardboard, works of art and figurines of paper and cardboard
Retail and wholesale services, Sale via the internet, in relation the following goods: Decorative adhesive letters and numbers, Cardboard, boxes of cardboard or paper, pencil boxes, Paper, Gift boxes, hat boxes made of cardboard, Desk baskets for desk accessories, desk planners, Desk blotters, Posters, albums, photograph albums, Cards, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Newspapers, Prospectuses, Pamphlets, calendars, book ends, Paper-weights, Photograph stands, Writing instruments, Pen trays, Pencil cases
Retail and wholesale services, Sale via the internet, in relation the following goods: pocket files, Memorandum boards, Engravings or lithographic works of art, Paintings (pictures), framed or unframed, Framed or unframed posters, Watercolours, Drawings, drawing instruments, magnetic boards, blackboards, Pocket handkerchiefs of paper, Face towels of paper, table linen of paper, Table place setting mats of paper or cardboard, glass and bottle coasters of paper or cardboard, Table place cards, Pot covers of paper
Retail and wholesale services, Sale via the internet, in relation the following goods: Paper or plastic wrappers, Patterns for dressmaking
Retail and wholesale services, Sale via the internet, in relation the following goods: Articles of clothing, Footwear, Tee-shirts, outdoor wear, sweatshirts, Hooded sports shirts, headpieces, Caps with visors, Peaked caps, sports caps, bonnets, Socks, sports socks, Gloves, trousers and shorts, Jackets, Clothing accessories, Belts
Retail and wholesale services, Sale via the internet, in relation the following goods: Fabrics, Textiles for making articles of clothing, dyed fabrics, coated fabrics, Embroidered fabrics, Bands of textile, printed fabrics, knit lace fabrics, Textile fabric piece goods for use in the manufacture of clothing, Bed and table covers, fabrics for textile use, Elastic woven material, Velvet, Bed linen and blankets, Duvets, Covers for bed bases, Draw-sheets for sick beds, crib canopies, bed spread coverlets, shawls, Curtain holders of textile
Retail and wholesale services, Sale via the internet, in relation the following goods: Home textile products, Textile furnishings, Labels of textile, Protective furniture covers, Household linen, Bedlinen, Bed blankets, Pillowcases and bolster of fabric for armchairs, Chairs [seats], Table linen, not of paper, Table runners, Place mats, not of paper, Bath linen (except clothing), tissue boxes, Curtains and net curtains, Door curtains, shower curtains
Retail and wholesale services, Sale via the internet, in relation the following goods: cushion covers, Mattress casings, afghans, kitchen linens, handkerchieves, Wall hangings
Retail and wholesale services, Sale via the internet, in relation the following goods: Sporting articles, And equipment, Roller skates, skate boards, Cushioned mats for use in sports, Knee warmers, elbow pads, Wrist guards for playing sports, bags for skateboards, Cases adapted for sporting articles, skateboard wheels, Wheel scooters, Skateboard trucks, grips for skateboards and scooters.
The mark was filed in class 38 with following description of goods:
Communications by
Telecommunication services
Video broadcasting
Video uploading services
Video uploading services
Broadcasting of video and audio programming over the Internet
Transmission of audio and video content via computer networks
Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network
Transmission and/or broadcasting of multimedia content (text, video, audio, graphics, still or animated images) via cable, via satellite, by telephone, via telematic, electronic and digital means, via radio wave, by computer and via networks (including via a global telecommunications network such as the internet or private or restricted access networks such as an intranet)
Sending of telegrams
Broadcasting of television channels, whatever the reception media and technical broadcasting method
Streaming of sound and audio-visual recordings via the Internet.
The mark was filed in class 41 with following description of goods:
Audio and video production, and photography
Television show production
Production of video and/or sound recordings
Film production services
Videotape production
Video production services
Entertainment services, mely, Demonstrations of scooters
Teaching
Training
Entertainment services
Amusements Including athletic events, Sporting and cultural activities
Entertainment in the form of streaming television shows and interactive television programmes in the field of sports, games and reality TV
Leisure services
Publication of books
Videotape editing
Organization of competitions [education or entertainment]
Arranging and conducting of conferences, congresses and symposiums
Arranging of exhibitions for cultural or educational purposes
Online publication of electronic books and journals