The trademark kioo was filed by Kioo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 22, 2022, and received one opposition filed on September 20, 2022 by Hermann Hartje KG on Likelihood of confusion. the opponent was represented by MEISSNER BOLTE PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003179184 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 15, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic components
Electronic semi-conductors
Process controlling apparatus [electronic]
Mobile apps, Exclusively relating to the following goods: Automobiles
Electronic components used in machines
Semiconductor apparatus
Semiconductor elements
Process controlling software, Exclusively relating to the following goods: Automobiles
Process control units [electric]
Process controlling apparatus [electronic]
Process controlling apparatus [electronic]
Navigational apparatus for automobiles
Integrated electronic hazard and collision avoidance systems for automobiles
Automobile stereo adapters
Speed measuring apparatus for vehicles
Audio speakers for automobiles
Radios for vehicles
Driver assistance systems for motor vehicles
Telemetry devices for motor vehicles
Electric wire harnesses for automobiles
Automobile data recorder
Motor vehicle power locks
In Car Entertainment [ICE] systems
In-car audiovisual entertainment systems
Electronic keys for automobiles
Blind spot cameras for cars
USB chargers adapted for car cigarette lighter sockets
Fluid level measuring apparatus for use in motor vehicles
Automobile airbag deactivation switches
Power sources connected to audio apparatus for use in motor vehicles.
The mark was filed in class 35 with following description of goods:
Electronic stock management services
Electronic data processing
Electronic order processing
Business management services relating to electronic commerce
Advice relating to the sale of businesses
Commercial management
Business brokerage services
Collection of commercial information
Operation of commercial businesses [for others]
Provision of information relating to commerce
All the aforesaid services, only in relation to the following goods: Motor vehicles, All the aforesaid services expressly including, Service in relation to the following fields: IaaS, Platform as a service [PaaS], SaaS and Hosting.
The mark was filed in class 38 with following description of goods:
Electronic transmission of data
Wireless transfer of data via wireless application protocols
All the aforesaid services, Exclusively relating to the following goods: Automotive vehicles, All the aforesaid services expressly including, services in relation to the following fields: IaaS, PaaS, SaaS and hosting.
The mark was filed in class 42 with following description of goods:
Electronic data storage
Electronic data back-up
Application service provider services
Research in the area of semiconductor processing technology
Technical consultancy in relation to the production of semiconductors
Design and development of computer software for process control
Designing of electronic systems
Computer systems integration services
Engineering services relating to the design of electronic systems
Automotive design
Design services for parts of motor vehicles
All the aforesaid services, Exclusively relating to the following goods: Automobiles, Expressly excluded from all the aforesaid services, Services in relation to Relating to the following sectors: IaaS, PaaS, Software as a service (SaaS), Hosting computer sites [web sites].