The trademark ITS was filed by MONNOYEUR, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 19, 2022, and received one opposition filed on September 14, 2022 by ITS Europe GmbH on Likelihood of confusion. the opponent was represented by SPRENGER RECHTSANWALTSKANZLEI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 12 with Wheels, inner tubes and tyres for heavy goods vehicles and equipment for construction and public works.
The mark was filed in class 35 with following description of goods:
Input, processing, systematisation and compilation of information and data into computer databases, in relation to the following fields: Management of wheels and tyres of a fleet of heavy goods vehicles and equipment for construction and public works
Provision of business information and advice, in relation to the following fields: Selection of tyres for heavy goods vehicles and for equipment for construction and public works
Business information and consultancy, in relation to the following fields: Management of tyres of a fleet of heavy goods vehicles and equipment for construction and public works, the aforesaid business information and advice relating to the choice, maintenance, repair, retreading, replacement and monitoring of tyre pressure of a vehicle fleet
Financial auditing, value engineering and Budget preparation, in relation to the following fields: Management of wheels and tyres of a fleet of heavy goods vehicles and equipment for construction and public works
Retail and wholesale services, in relation to the following goods: Tyres, wheels, inner tubes and tyre valves for heavy goods vehicles and equipment for construction and public works.
The mark was filed in class 36 with Financial advice and information, in relation to the following fields: Financing for the acquisition, rental, hire-purchase and leasing of wheels and tyres for heavy goods vehicles and equipment for construction and public works and Insurance consultancy, information and advisory services, in relation to the following fields: Acquisition, rental or hire-purchase and leasing of wheels and tyres for heavy goods vehicles and equipment for construction and public works..
The mark was filed in class 37 with following description of goods:
Maintenance and Repair, In connection with the following goods: Tyres and wheels for heavy goods vehicles and equipment for construction and public works
Retreading, Vulcanisation, Regrooving, Assembly, Disassembly, Exchange and Balancing, In connection with the following goods: Tyres and wheels for heavy goods vehicles and equipment for construction and public works
Hire, In connection with the following goods: Wheels, inner tubes and tyres for equipment for construction and public works.
The mark was filed in class 39 with Rental, in relation to the following goods: Wheels, inner tubes and tyres for heavy goods vehicles and for vehicles for construction and public works and Rental, in relation to the following goods: Electronic or computer apparatus and instruments for geolocation of tyres for heavy goods vehicles and equipment for construction and public works..
The mark was filed in class 41 with following description of goods:
Training, in relation to the following fields: Identification and marking of tyre damage in tyres for heavy goods vehicles and equipment for construction and public works
Training, in relation to the following fields: Maintenance and repair of tyres and wheels for heavy goods vehicles and equipment for construction and public works
Training, in relation to the following fields: Retreading, vulcanisation, regrooving, mounting, disassembly, replacement and balancing of tyres and wheels for heavy goods vehicles and equipment for construction and public works.
The mark was filed in class 42 with following description of goods:
Inspection and Technical analysis, In connection with the following goods: Tyres for heavy goods vehicles and equipment for construction and public works
Technical consultancy, in relation to the following fileds: Design and selection of tyres for heavy goods vehicles and equipment for construction and public works
Hire, In connection with the following goods: Electronic alarms for tyre deflation and low pressure for heavy goods vehicles and equipment for construction and public works
Hire, In connection with the following goods: Computer devices and software for the planning, scheduling, facilitation, coordination, management and servicing of maintenance and repair of tyres for heavy goods vehicles and equipment for construction and public works
Providing of online non-downloadable software, for the acquisition, research and recovery of information on the state of tyres for heavy goods vehicles and equipment for construction and public works
Providing of online non-downloadable software, for providing predictive diagnostics of tyres for heavy goods vehicles and equipment for construction and public works
Providing of online non-downloadable software, for the life cycle management of tyres mounted on heavy goods vehicles and equipment for construction and public works
Installation, updating and maintenance of non-downloadable software and software applications for real-time measurement, collection, analysis, control and monitoring the status of tyres mounted on heavy goods vehicles and equipment for construction and public works
Installation, updating and maintenance of non-downloadable software and software applications for the processing, analysis and transmission of data collected with regards to the identification, pressure, temperature, wear and tear of tyres mounted on heavy goods vehicles and equipment for construction and public works
Installation, updating and maintenance of non-downloadable software and software applications for issuing alerts relating to the real-time monitoring of the state, temperature, pressure, and wear and tear of tyres mounted on heavy goods vehicles and equipment for construction and public works
Providing of an alert service for receiving alerts, generating and submitting reports on the temperature, pressure, and wear and tear of tyres mounted on vehicles via website and non-downloadable software applications