The trademark e-lixirs was filed by WM SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 12, 2022, and received one opposition filed on September 12, 2022 by Elixirr Consulting Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 12, 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 1 with following description of goods:
Chemicals for use in industry and science
Chemical substances, chemical materials and chemical preparations, and natural elements
Preparations and additives for reducing friction
Chemical additives for greases and oils
Detergent additives for lubricants
Chemical substances for use as fat replacements
Degreasing agents [not for household use]
Solvent based cleaning preparations
Oils for brakes
Oil-purifying chemicals
Detergent additives for lubricants
Oils for hydraulic circuits
Oil cement [putty]
Oil cement [putty]
Additives (Chemical -) for industrial oils
Substances (chemical -) for inhibiting damage from oil [other than paints]
Sealing compounds for stopping leakage from oil tanks [chemicals]
Stabilisers for oils
Chemicals in the form of water soluble oils
Chemical preparations for the dispersal of oil
Oils for hydraulic cushions
Synthetic materials for absorbing oil
Oils for hydraulic suspensions
Oil-separating chemicals
Oil dispersants
Chemical additives for lubricants
Chemical additives for use in the production of lubricants
Chemical substances for use as additives to industrial lubricating oils
Chemical substances for use as additives to industrial lubricating greases.
The mark was filed in class 2 with following description of goods:
Anti-corrosive preparations
Anti-rust greases
Anti-rust preparations
Anti-rust oils
Undercoating for vehicle chassis.
The mark was filed in class 4 with following description of goods:
Friction-reducing preparations
Industrial oils and greases
Lubricants
Lubricating oil
Lubricating grease
Penetrants
Lubricating fluids
Lubricating oils for petrol engines
Lubricating oils being hydraulic oils
Lubricating oil for motor vehicle engines
Automotive greases
Lubrication grease for vehicles
Synthetic lubricants
Lubricants having cleaning properties
Industrial lubricants
Lubricants containing low friction additives
Motor vehicle lubricants
Lubricants being gear oils
Lubricating graphite
Lubricants for machines
Lubricants for aircraft engines
Oil based lubricants
Greases for the lubrication of joints
Preparations for lubricating joints
Non-chemical additives for lubricants
Lubricants in the nature of oils
Lubricating agents in the form of graphite powder
Lubricating agents in the form of talcum powder
Industrial oils for the lubrication of surfaces
Lubricants for demounting pneumatic tyres
Preparations for loosening rusted metal components
Lubricants for mounting pneumatic tyres
Synthetic lubricants in the form of aerosols
Lubricating oils for cooling metal during cutting
Metalworking products having lubricating properties
Lubricants for the protection of the chains of chainsaws
Grease for brake shoes
Grease for brake pads
Greases for use with ball-bearings
Preservatives for metals [grease]
Mineral oils and greases for industrial purposes [not for fuel]
Automotive final drive oils
Chain oil
Preservatives for metals [oils]
Fuels derived from oil
Oils for surface treatment
Waterproofing preparations in the form of oils for motor car ignition systems
Combustion enhancers [oils]
Corrosion penetrating oils
Non-chemical additives for oils
Oils for the hydrodynamic drive for vehicles
Synthetic oils
Oils containing rust preventing additives
Industrial oil for batteries
Release agents [oils]
Non-mineral oils for industrial purposes [not for fuel]
Engine starting sprays
Isolating oils.
The mark was filed in class 12 with following description of goods:
Apparatus for locomotion by land, air or water
Vehicles
Automotive vehicles
Bicycles
Boats
Yachts
Aeroplanes
Fittings for motor vehicles and bicycles, parts for motor vehicles and bicycles, included in class 12
Gearboxes
Conveyances, included in class 12.
The mark was filed in class 35 with following description of goods:
Business assistance or assistance in commercial functions of motor vehicle workshops
Business management assistance for commercial companies and motor vehicle workshops
Retail trade services, Also provided via the Internet, in relation to the following goods: Chemical products, Coatings, Fuels and carburants, oils and greases, Lubricating agents, Lubricants, Machines for the manufacture and repair of vehicles and vehicle parts, Tools and metal goods for vehicle construction and vehicles repair, Electrical goods and electronic goods for the manufacture and repair of vehicles and vehicle parts, Vehicles and fittings for motor vehicles and bicycles, Saddlery, Articles of clothing, Shoes and textile goods, Playthings
Wholesale services, Also provided via the Internet, in relation to the following goods: Chemical products, Coatings, Fuels and carburants, oils and greases, Lubricating agents, Lubricants, Machines for the manufacture and repair of vehicles and vehicle parts, Tools and metal goods for vehicle construction and vehicles repair, Electrical goods and electronic goods for the manufacture and repair of vehicles and vehicle parts, Vehicles and fittings for motor vehicles and bicycles, Saddlery, Articles of clothing, Shoes and textile goods, Playthings
Retail teleshopping services, in relation to the following goods: Chemical products, Coatings, Fuels and Motor fuel, oils, And fats, Lubricating agents, Lubricants, Machines for the manufacture and repair of vehicles and vehicle parts, Tools and metal goods for vehicle construction and vehicles repair, Electrical goods and electronic goods for the manufacture and repair of vehicles and vehicle parts, Vehicles and fittings for motor vehicles and bicycles, Saddlery, Articles of clothing, Shoes and textile goods, Toys
Arranging of trading and economical contacts, also over the Internet
Demonstration of goods
Good and service presentations
All services included in this class relating to vehicles and vehicle parts.
The mark was filed in class 37 with following description of goods:
Motor vehicle workshop services (included in class 37), in particular conducting of repairs, inspections, fitting of tyres, spare parts and chains, washing of vehicles, post-accident repair, tuning
Vehicle servicing and vehicle repair, maintenance and refuelling