The trademark FleetXpert was filed by Wijlhuizen BV, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 25, 2022, and received one opposition filed on October 26, 2022 by Джи Пи Ес България АД on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Avramova, Anna Petrova and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 26, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with Software for monitoring, tracking and recording information relating to production, transport, sales, goods usage and warehouse inventory.
The mark was filed in class 35 with following description of goods:
Business services in the context of operating a transport company
Logistical planning relating to the business organisation of a transport company
Administrative processing of transport and customs clearance documents
Control and record-keeping of the quantity of goods in a warehouse or storage area
Sending of electronic alerts on the quantity of goods present in a warehouse or storage area.
The mark was filed in class 37 with following description of goods:
Garage services, Namely repair and Servicing in relation to the following goods: Vehicles, Including the following goods: Trucks, Trailers and motors and engines
Fitting parts of vehicles and motorbikes
Motor vehicle mechanic services.
The mark was filed in class 39 with following description of goods:
Storage, Transport and Rental services in relation to the following goods: Lorries, Tractors, Cans, Cargo trailers, Semi-trailers, Loading carts and loading cranes
Lifting and salvaging the aforesaid goods
The aforesaid services also in the context of vehicle fleet management
Warehousing and storage
Transport
Packaging and storage of goods
Rental services, in relation to the following goods: Loading racks, loading pallets and Packing
Arranging and providing of transport by land, sea or air
Rental of transport vehicles
Messenger courier services.
The mark was filed in class 41 with following description of goods:
Teaching
Conducting of courses, Courses and Coaching services All of the aforesaid relating to the management In connection with the following goods: Machines and Machine tools, Hoisting apparatus, lifters, Lifting installations, Lifting machines, platforms for lifting persons, Apparatus for lifting and Lifting machines, Forklift trucks, Elevators and Other vehicles, Including the following goods: Trucks and trailers
Career re-training services, Further education and Further education.
The mark was filed in class 42 with following description of goods:
Platforms for e-commerce as software-as-a-service [SaaS]
Platform as a service [PaaS]
Development of an Internet platform for electronic trading
Designing and developing websites and homepages for e-commerce
Designing and developing computer e-commerce software
Designing and developing e-commerce platforms
Technological research relating to computer e-commerce software and e-commerce platforms
Design and development of data input systems
Design and development of data import and data management software
Design and development of data processing systems
Design and development of electronic databases
Design and development of electronic database software
Providing temporary use of on-line, nondownloadable computer software and software development tools for use in developing further software and software applications in the field of e-commerce
Providing temporary use of online, non-downloadable e-commerce software to allow users to conduct electronic business transactions in online marketplaces via a global computer network
Advisory services and consultancy relating to creating and designing homepages and websites for e-commerce
Consultancy relating to the integration of computer systems
Information technology consulting
Consultancy and information services relating to architecture and infrastructure of information technology
Advisory services relating to integrating computer systems
Consultancy in the field of computers
Advisory services and consultancy relating to computer e-commerce software, computer programming, integrating computer e-commerce software in computer systems and implementing thereof
Consultancy and information relating to designing, programming and maintaining computer e-commerce software
Programming and maintaining customised webpages
Writing of computer code and Maintenance services of: Software for e-commerce platforms
Programming and maintaining computer software for website development
Computer website programming and website maintenance
Providing computer software for an e-commerce platform on the internet