The trademark MS was filed by MS Design GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 15, 2021, and received one opposition filed on February 2, 2022 by Master-Sport-Automobiltechnik (MS) GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GRAJCZYŃSKA, JOANNA MAGDALENA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 2, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 24, 2022.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles
Tipping bodies for vehicles
Bodies for vehicles
Undercarriages for vehicles
Components and fittings for the outer bodies of vehicles, especially Spoilers for vehicles, Rear and front panels for vehicles, trims for vehicles, Spray prevention flaps for vehicles, Hoods for vehicle engines, Roof bars for vehicles, Trim panels for vehicle bodies
Parts and fittings for vehicles, especially Suspension shock absorbers, Decorative strips, sill guards, Lowering kits, Ornamental hub caps for vehicles, Rims for vehicle wheels, Car seat tidies, Safety belts for vehicle seats, Springs for vehicle suspension systems, Tarpaulins adapted [shaped] for use with vehicles, Protective covers for vehicles (fitted), Electronic anti theft devices for vehicles
Parts and fittings for vehicles, especially Horns for vehicles, Braking systems for vehicles and parts thereof, Car seats.
The mark was filed in class 35 with Retail and wholesale services, Also provided via the Internet, in relation the following goods: Vehicles, Vehicle superstructures, Bodies for vehicles, Vehicle undercarriages, Components and fittings for the outer bodies of vehicles, Parts and accessories for vehicles.
The mark was filed in class 37 with following description of goods:
Tuning of bodies for automobiles
Maintenance, servicing, tuning and repair of motors
Painting of vehicles
Vehicle breakdown repair services
Cleaning and polishing of motor vehicles
Maintenance, servicing and repair of vehicles.
The mark was filed in class 40 with following description of goods:
Treatment of materials, in particular Transformation of plastic parts, metal parts and fibre composite parts for vehicles
Manufacture of plastic parts, metal parts and fibre composite parts, Especially, in relation to the following goods: Vehicles
Manufacture of vehicle parts, in particular aerodynamic parts for vehicles.
The mark was filed in class 42 with following description of goods:
Vehicle roadworthiness testing
Design, Development, in relation to the following goods: Vehicles, vehicle participation, Component parts for the aforesaid goods, Especially, Aerodynamic parts for vehicles