The trademark SOLO by AL-KO was filed by AL-KO Geräte GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 1, 2022, and received one opposition filed on August 1, 2022 by Volkswagen Aktiengesellschaft on Likelihood of confusion. the opponent was represented by DENNEMEYER & ASSOCIATES and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Soap
Foam cleaner
Maintenance sprays
None of the aforesaid products specially adapted for cars.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Engine oil
Hydraulic oil
Oil for chain saws
Lubricating grease
None of the aforesaid products for use relating to vehicles, in particular cars.
The mark was filed in class 7 with following description of goods:
Machines, for use in the following fields: Farming, Earthworks, Construction works, Oil and gas extraction, mining extraction, treatment of materials, production and Machine tools
Motors, excluding the following goods: Motors for landvehicles, Motors and engines for cars
Couplings and Transmission components, Except those for land vehicles, Other than the aforesaid for cars
Agricultural implements, other than hand-operated
Motorised forestry apparatus, agricultural apparatus and horticultural apparatus, especially Motorised motor hoes, chaff cutters, especially Blade chaff cutters, roller chaff cutters, domestic water systems, shrubbers, Plane apparatus, High pressure washers, Wood working apparatus, Log splitters, Sweepers, Leaf blowers and Leaf blower, Mowers, especially Ride-on mowers, Sicklebar mowers, Robotic lawnmowers, Lawnmowers [machines], Grass-cutting tractors, Robotic mowers, lawn mowers, cylinder mowers
Mixing machines, especially Cement mixers
Motorised scythes
Pumps [machines], especially Garden pumps, Sludge pumps, Fountain pumps, Pumps for ponds, Submersible pressure pumps, water well pumping machines, Drinking water pumps
Lawn seeding and manure spreaders
Grass trimmers
Saws, especially Firewood saws, compound saws, Miter saws, Power saws, Circular saws
Snow clearing equipment, especially Snowblowers and Snow blades
Rope winches
Lawn scarifies
Rollers, especially Rollers for levelling soil, Garden rollers
Electric grass trimmers
Motors for the aforesaid goods, excluding the following goods: Motors and engines for cars
Accessories for all of the foregoing.
The mark was filed in class 8 with following description of goods:
The mark was filed in class 12 with following description of goods:
Apparatus for locomotion by land, air or water, excluding the following goods: Cars
Motor scooters, in particular single-axle motor scooters with position-sensitive electronic control
Transport equipment, in particular sack-barrows, wheelbarrows, handling carts
The aforesaid products not including vehicles for passenger transport or wheelchairs, wheelchair drives, braking and pushing aids being parts for wheelchairs
Ladle cars.
The mark was filed in class 25 with Clothing, namely, Outer clothing for activities relating to forestry, agriculture and horticulture, not of paper, None of the aforesaid products for activities relating to the automobile industry.