The trademark NEX was filed by Nex Aero GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 6, 2022, and received one opposition filed on June 5, 2022 by Hyundai Motor Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SIMÕES, GARCIA, CORTE-REAL & ASSOCIADOS - CONSULTORES, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 5, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on December 8, 2021.
The Opposition with reference B 003172324 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Apparatus for locomotion by air
Electric vertical take-off and landing aircraft
Vehicles for travel by air
Hydrogen powered fuel cell electric vertical take-off and landing aircraft
Aircraft with hydrogen propulsion
Aeroplanes.
The mark was filed in class 39 with following description of goods:
Provision of information relating to the transport of freight
Information services relating to the transportation of goods
Transport information, advice and reservation services
Consultancy services relating to transportation
Consultancy in the field of air transport
Agency services for arranging the transportation of travellers
Information services relating to the movement of cargo
Provision of flight information
Providing information relating to air transport
Providing transport and travel information
Passenger transport
Aircraft handling
Airline services
Airport passenger check-in services
Services for arranging transportation by air
Arranging of air transport
Air transport
Air travel services
Transportation check-in services
Arranging of air travel
Provision of transport for passengers by air
Electric vertical take-off and landing aircraft cargo services
Transport of passengers by air
Air cargo transport services
All these services being exclusively used in the field of air passenger transport.
The mark was filed in class 42 with following description of goods: