The trademark ROCAR was filed by SHENZHEN EVERBEST MACHINERY INDUSTRY CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 17, 2022, and received one opposition filed on July 27, 2022 by DAMIANI INTERNATIONAL SA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GIAMBROCONO & C. S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Facial recognition apparatus
Gas testing instruments
Measuring instruments
Infrared thermometers, not for medical purposes
Thermometers, not for medical purposes
Global Positioning System [GPS] apparatus
Wearable activity trackers
Smartphones in the shape of a watch
Air analysis apparatus
Meters
Chronographs [time recording apparatus]
Data processing apparatus
Downloadable software applications for mobile phones
Smartwatches
Connected bracelets [measuring instruments].
The mark was filed in class 35 with following description of goods:
Advertising
Business management and organization consultancy
Commercial administration of the licensing of the goods and services of others
Import-export agencies
Sales promotion for others
Presentation of goods on communication media, for retail purposes
Organization of exhibitions for commercial or advertising purposes
Outsourcing services [business assistance]
Provision of an online marketplace for buyers and sellers of goods and services
Procurement services for others [purchasing goods and services for other businesses]
None of the aforesaid services in relation to jewels, precious stones and watches.
The mark was filed in class 42 with following description of goods:
Electronic data storage
Industrial design
Off-site data backup
Technical research
Cloud computing
Monitoring of computer systems by remote access
Maintenance and upgrading of computer software
Maintenance of computer software
Computer software design
Data conversion of computer programs and data [not physical conversion].