The trademark flyweight was filed by Techart Automobildesign GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 5, 2022, and received one opposition filed on December 5, 2022 by Western Power Sports, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JAK FRANCE and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 5, 2022
The application was filed in German, and German was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Exhausts
Exhaust pipes for land vehicles
End exhaust pipes
Exhaust trims
Racing parts for vehicles, Namely exhaust systems.
The mark was filed in class 12 with following description of goods:
Vehicles, excluding the following goods: Air and space vehicles
Parts and fittings for vehicles
Vehicles sold in kit form
Parts and fittings for land vehicles
Bodies for land vehicles
Body panels for vehicles
Car body modification parts for sale in kit form
Interior trim parts for vehicles, namely Storage boxes and trays, Dashboard linings, Armrests, Automotive glass, chrome parts, Sun shades, consoles, Leather trimming, Steering wheels, Gear shifts, Seats and Seat covers, Seat brackets, Roll bars
Racing parts for vehicles, namely Aerodynamic parts, Lockable glove boxes adapted to vehicle interiors, body and rear bumpers, roof racks, front spacers, Chassis springs, Undercarriages, Wheel trims, Front grills, Body extensions, side skirts, Rear trim, Wheel trims and Hub caps, Tyres, Suspension shock absorbers, Sunroofs, Wind deflectors
All the aforesaid goods, not in relation to the following goods: Air and space vehicles.
The mark was filed in class 14 with Key rings [split rings with trinket or decorative fob].
The mark was filed in class 16 with following description of goods:
Decorative stickers for automobile wheel hubs
Vehicle bumper stickers
Ball pens
Printed matter, and stationery and educational supplies
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics.
The mark was filed in class 25 with following description of goods:
Headgear
Clothing
Footwear
All the aforesaid goods being for promotional measures and activities of a vehicle and/or vehicle parts manufacturer, in particular in the form of merchandising articles for vehicles and vehicle parts.
The mark was filed in class 37 with Custom installation of exterior, interior and mechanical parts of vehicles [tuning].