The trademark Mctop was filed by Shenzhen Weile Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on July 7, 2022, and received one opposition filed on October 5, 2022 by McDonald's International Property Company, Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 5, 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 12 with following description of goods:
Bicycle kickstands
Bicycle motors
Vehicles for locomotion by land, air, water or rail
Mopeds
Push scooters [vehicles]
Saddlebags adapted for bicycles
Electric bicycles
Bicycle trailers
Bicycle tires
Casings for pneumatic tires
Studs for tyres
Pneumatic tires
Adhesive rubber patches for repairing inner tubes
Inner tubes for bicycle tires
Tubeless tires for bicycles
Solid tires for vehicle wheels
Repair outfits for inner tubes
Air pumps [vehicle accessories]
Suspension shock absorbers for vehicles
Head-rests for vehicle seats.
The mark was filed in class 28 with following description of goods:
Toys for pets
Scooters [toys]
Protective films adapted for screens for portable games
Hand-held consoles for playing video games
Inflatable games for swimming pools
Shin guards [sports articles]
Gloves for games
Knee guards [sports articles]
Joysticks for video games
Toy pistols
Board games
Party poppers [party novelties]
Pumps specially adapted for use with balls for games
Electronic targets
Ornaments for Christmas trees, except lights, candles and confectionery