The trademark MOTORWAY was filed by OÜ Vehicom, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on March 23, 2022, and received one opposition filed on June 26, 2022 by Motorway Online Limited on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by MASON HAYES & CURRAN LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 26, 2022
The application was filed in Estonian, and Estonian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment, computers
Computer software platforms for marketing
Computer software, recorded
Recorded computer software for mobile devices
Recorded computer software for tablet computers
Recorded computer software for smart phones
Health monitoring software
Recorded and downloadable software in the field of vehicles import, distribution, sales, marketing, logistics, warranty, financing, service and spare parts management
Recorded and downloadable software for vehicle distributors and dealer networks
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Electronic publications, downloadable
Electronic legal publications, downloadable
Audio and audiovisual recordings
Data storage media
Pre-recorded videos
Audio books
Electronic downloadable books
E-books.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Providing online marketplaces for sellers of goods and or services
Operating on-line marketplaces for buying, selling and exchanging computer software and on-demand applications
Wholesale services in relation to vehicles
Retail services of vehicles, their parts and accessories
Retail services via global computer networks related to vehicles, their parts and accessories
Customer relationship management
Online advertising network matching services for connecting clients to businesses
Online business networking services
Business management assistance
Business inquiries
Business investigations
Provision of commercial and business contact information
Business information
Providing business information via a web site
Professional business consultancy
Business management and organization consultancy
Business networking services
Business management services in the field of vehicles import, distribution, sales, marketing, logistics, service and spare parts for distributors and dealer networks
Business management of a vehicle fleet for others
Advertising services relating to the sale of motor vehicles
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
On-line advertising on a computer network
Pay per click advertising
Rental of advertising time on communication media
Rental of advertising space
Online service for connecting social network users with businesses
Public relations services
Marketing
Business development
Information services relating to business matters
Business consultancy
Development of business and marketing strategies and concepts
Registration, compilation, transcription, preparation and systematization of sales, marketing, finance and statistical data relating to business
Computerised data processing
Compilation of information into computer databases
Book-keeping
Business auditing
Compilation of statistics
Advertising services to create brand identity for others
Intermediary services relating to advertising
Consultations relating to business promotion
Consultancy relating to advertising and promotion services
Providing marketing consulting in the field of social media
Telemarketing services
Event marketing
Influencer marketing
Research services relating to advertising
Website traffic optimization
On-line promotion of computer networks and websites.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Design and development of computer hardware and software
Electronic data storage
Rental of computer software
Rental of health, nutrition and diet related computer software
Providing temporary use of online, non-downloadable computer software
Providing temporary use of online, non-downloadable computer software for management tools, information and advice in the fields of vehicles import, distribution, sales, marketing, logistics, warranty, financing, service and spare parts management
Providing temporary use of online, non-downloadable computer software for vehicle distributors and dealer networks
Software as a service [SaaS]
Platform as a service [PaaS]
Cloud computing
Operating websites for providing computer software and on-demand applications
Server hosting
Hosting web portals
Hosting platforms on the Internet
Hosting of computerized data, files, applications and information
Hosting e-commerce marketplaces and webpages for offering, buying, selling and exchanging documents, videos, audio recordings, computer software and on-demand applications
Application service provider [ASP]
Application service provider [ASP], namely, hosting computer software applications of others
Programming of software for website development
Computer website design
Creating, maintaining and hosting the websites of others
Consultancy relating to the creation and design of websites
Consultancy relating to the creation and design of websites for e-commerce