The trademark KW was filed by KILLWATT GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 28, 2021, and received one opposition filed on December 27, 2021 by UNIMEDIA SRL on Likelihood of confusion. the opponent was represented by CANTALUPPI & PARTNERS S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 26, 2023.
The Opposition with reference B 003161206 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 21, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Batteries for electric vehicles
Electric accumulators for vehicles
Electric batteries
Electronic control instruments
Digital sensors
Digital electronic controllers
Battery chargers
Head protection
Drivers helmets
Bicycle helmets
Sports helmets
Protective helmets for sports
Helmets and spectacles for sports
Sports goggles
Sunglasses
Sports glasses
Mobile apps
Location devices
Navigation, guidance, tracking, targeting and map making devices
Bicycle speedometers
Satellite navigational system for bicycles
Computers for use with bicycles
Sports training simulators
Batteries for E-bikes.
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Electric vehicles
Pedal driven land vehicles
Electrically powered land vehicles
Electric bicycles
Two-wheeled motor vehicles
Motorised bicycles
Bicycles
Sports bicycles
Freight bicycles
Folding bikes
Wheelchairs
Electrically operated wheelchairs
Electrically operated scooters
Parts and fittings for land vehicles
Parts and accessories of bicycles so far as included in class 12
Parts and accessories for motorized two-wheelers so far as included in Class 12
Parts and accessories for motorized bicycles so far as included in Class 12
Engines for land vehicles in so far as included in Class 12
Electric motors for land vehicles in so far as included in Class 12
Geared electric motors for land vehicles
Mechanical transmissions for land vehicles
Gear boxes for hydraulic transmissions of land vehicles
Gear units for power transmissions of land vehicles
Motors for bicycles
Saddles for bicycles, cycles or motorcycles
Bicycle saddles
Saddle covers for bicycles
Stands for bikes [parts of]
Stands for bicycles [parts of]
Bicycle kickstands
Mudguards
Bicycle mudguards
Wheel hubs
Hubs for bicycle wheels
Bicycle handle bars
Bicycle handlebar grips
Saddlebags adapted for bicycles
Gears for bicycles
Front derailleurs
Bicycle pedals
Wheels
Wheel trims
Bicycle tyres
Tubeless tires [tyres] for bicycles, cycles
Tubeless tyres for bicycles
Inner tubes for tyres
Inner tubes for bicycle tyres
Foot straps for bicycles
Bottle cages for bicycles
Bicycle brake lever grips
Brake cables for bicycles
Brakes for vehicles
Bicycle brakes
Hydraulic disc brakes
Spokes for bicycle wheels
Cranks for bicycles
Bicycle cranks
Bicycle handlebars
Frames for bicycles
Bicycle frames
Drive trains [bicycle parts]
Drivetrains for bicycles
Suspension systems for bicycles
Luggage racks for bicycles
Shock absorbers for bicycles
Bicycle bells
Metal bells for bicycles
Cycle bells
Gears for cycles
Gear wheels for bicycles
Dress guards for bicycles, cycles
Saddle supports for bicycles
Direction signals for bicycles
Direction indicators for bicycles
Bicycle stabilisers
Chain guards for bicycles
Drive-chain guards for two-wheeled motor vehicles
Kickstands for bicycles
Cycle stands
Baskets adapted for bicycles
Children's bicycle seats
Front chain rings for bicycles
Roller chains for bicycles
Rack trunk bags for bicycles
Spindles of bicycles
Spray guards for vehicles of class 12
Audible warning systems for bicycles
Fitted bicycle covers
Pumps for inflating pneumatic tyres
Pumps for bicycle tyres
Bicycle chains
Brake levers for cycles
Bicycle trailers
Child carrying trailers for bicycles
Trailers for transporting bicycles
Gear boxes for land vehicles
Gear units for land vehicles
Transmission components for land vehicles
Gear boxes for water vehicles
Gear units for water vehicles
Transmission components for water vehicles
Pedelecs
Accessories for Pedelecs
Parts of Pedelecs
Accessories for E-Bikes
Parts of E-Bikes
Parts and accessories for E-Bikes so far as included in Class 12
Parts and accessories for pedelecs so far as included in Class 12.
The mark was filed in class 35 with following description of goods:
Retail services in relation to bicycles
Retail services in relation to bicycle accessories
Retail services in relation to e-bikes
Retail services in relation to e-bike accessories
Retail services relating to sporting goods
Retail services in relation to sporting articles
Retail services in relation to sporting equipment
Wholesale services relating to sporting goods
Wholesale services in relation to sporting articles
Wholesale services in relation to sporting equipment
Advertising services relating to the commercialization of new products
Digital advertising services
Digital marketing
Product marketing
Marketing.
The mark was filed in class 37 with following description of goods:
Advisory services relating to the maintenance and repair of mechanical and electrical equipment
Providing information relating to the repair of bicycles
Providing information relating to the repair of E-bikes
Providing information relating to the repair or maintenance of electric motors
Vehicle repair, maintenance, refuelling and recharging
Repair or maintenance of electric motors
Recharging of batteries
Providing information relating to the repair or maintenance of sporting equipment
Providing information relating to the installation of electrical apparatus
Maintenance and repair of bicycles
Maintenance and repair of e-bikes
Maintenance and repair of sports and fitness equipment