The trademark HYMAN was filed by GREAT WALL MOTOR COMPANY LIMITED, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 2, 2022, and received one opposition filed on August 2, 2022 by MAN Truck & Bus SE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by RDP RÖHL - DEHM & PARTNER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003175862 was refused according to Article 8(5) EUTMR with decision issued on July 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs, recorded
Computer operating programs, recorded
Monitors [computer programs]
Computer programs, downloadable
Downloadable image files
Computer software applications, downloadable
Computer screen saver software, recorded or downloadable
Smartphone software applications, downloadable
Face recognition equipment
Reflective articles for wear, for the prevention of accidents
Digital signs
Rescue laser signaling flares
Intercommunication apparatus
Mobile telephones
Satellite finder meters
Phonograph records
Accumulators, electric, for vehicles
Batteries, electric, for vehicles
Accumulator jars
Battery jars.
The mark was filed in class 12 with following description of goods:
Vehicles for locomotion by land, air, water or rail
Vehicle
Cars
Driverless cars [autonomous cars]
Electric vehicles
Engines for land vehicles
Motors for land vehicles
Gear boxes for land vehicles
Automobile bodies
Automobile chassis
Wheels for automobiles
Automobile wheel tires
Upholstery for vehicles
Air bags [safety devices for automobiles]
Bumpers for automobiles
Freewheels for land vehicles
Clutches for land vehicles
Brakes for vehicles
Hoods for vehicle engines
Windscreens for automobile
Rearview mirrors
Shock absorbers for automobiles
Doors for vehicles
Safety belts for vehicle seats
Steering wheels for vehicles
Windows for vehicles
Vehicle running boards
Sun-blinds adapted for automobiles
Spare wheel covers
All the aforementioned goods excluding caravans, mobile homes, camping cars, touring homes, compact camping vehicles, camper vans, camping trailers, and parts and accessories for the aforesaid goods.
The mark was filed in class 25 with following description of goods:
Clothing
Shoes
Hats
Clothing for babies
Sportswear
Waterproof clothing
Theatrical costume
Hosiery
Gloves (clothing)
Neckties
Scarves
Mantillas
Veils [clothing]
Girdles.
The mark was filed in class 28 with following description of goods:
Apparatus for games
Games
Toys (playthings)
Chessboards
Chess games
Cards (games)
Balls for games
Articles for use in ball games
Fitness apparatus
Archery equipment
Gymnastics, weightlifting, and track and field apparatus
Swimming pools (playthings)
Protective padding for sports
Skates
Decorations for Christmas trees
Fishing tackle.
The mark was filed in class 35 with following description of goods:
Import-export agency services
Sales promotion for others
Procurement services for others [purchasing goods and services for other businesses]
Marketing
Advertising
Presentation of goods, for retail purposes
Provision of an online marketplace for buyers and sellers of goods and services
Business management and organization consultancy
All the aforementioned services not in relation to caravans, mobile homes, camping cars, touring homes, compact camping vehicles, camper vans, camping trailers, and parts and accessories, therefore.
The mark was filed in class 37 with following description of goods:
Vehicle service stations [refueling and maintenance]
Motor vehicle maintenance and repair
Vehicle maintenance
Anti-rust treatment for vehicles
Vehicle breakdown repair services
Vehicle greasing
Vehicle cleaning
Vehicle washing
Vehicle polishing
Varnishing
Machinery installation, maintenance and repair
Rustproofing
Retreading of tires
Repair of rubber tires
Tire balancing
All the aforementioned services not in relation to caravans, mobile homes, camping cars, touring homes, compact camping vehicles, camper vans, camping trailers, and parts and accessories, therefore.