The trademark 2FLASH was filed by Lokman Uzun, a national of the Federal Republic of Germany (the "Applicant") and Recep Berk Ugur, a national of the Republic of Turkey (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 2, 2022, and received one opposition filed on October 19, 2022 by ORGANIZACIÓN NACIONAL DE CIEGOS ESPAÑOLES (ONCE) on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 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 003181353 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Electric vehicles
Hybrid vehicles
Land vehicles and conveyances
Electrically operated scooters
Electrically powered land vehicles
Electric motor cycles
Bicycles
Electric bicycles
Bicycle pedals
Bicycle chains
Bicycle tyres
Bicycle brakes
Bicycle handlebars
Motorised bicycles
Tipping bodies for vehicles
Tipping bodies for lorries
Tow trucks
Semi-tractor trailers
Refrigerator cars
Tow bars
Vehicle seats
Head-rests for vehicle seats
Car safety seats for children
Seat covers for vehicles
Semi-fitted covers for vehicles
Sun visors [vehicle parts]
Direction indicators for bicycles
Signal arms for vehicles
Windshield wipers
Windscreen wiper arms
Tubular tyres
Tyre repair outfits
Adhesive rubber patches for repairing inner tubes
Valves for vehicle tyres
Windows for vehicles
Safety seats for vehicles
Mirrors for vehicles
Automobile roof racks
Bicycle carriers
Bicycle saddles
Pumps for bicycle tyres
Tire inflators
Anti-theft alarms for vehicles
Horns for vehicles
Safety belts for vehicle seats
Prams
Wheelchairs
Wheelbarrows
Freight trains
Tramcars
Railway carriages
Funicular railcars
Chairlifts
Crankcases for land vehicle components, other than for engines
Aeroplanes
Folding electric bicycles
Windproof covers adapted for electric bicycles
Pedelecs
Drive chains [bicycle parts]
Structural parts of bicycles
Cycle stands
Rims for bicycle wheels
Inner tubes for bicycle tyres
Spokes for bicycle wheels
Bicycle kickstands
Bicycle mudguards
Disk wheels [bicycle parts]
Saddlebags adapted for bicycles
Gear wheels [bicycle parts]
Shock absorbers for bicycles
Bicycle frames
Handle bar ends [bicycle parts]
Children’s bicycle seats
Puncture repair outfits for bicycle tyres
Bicycle racks for vehicles.
The mark was filed in class 35 with following description of goods:
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to lighting
Retail services in relation to sporting equipment
Retail services in relation to luggage
Retail services in relation to furniture
Retail services in relation to saddlery
Retail services in relation to furnishings
Retail services in relation to vehicles
Retail services in relation to sporting articles
Retail services in relation to agricultural equipment
Retail services connected with the sale of clothing and clothing accessories
Retail services relating to automobile parts
Retail services relating to automobile accessories
Retail services in relation to bicycle accessories
Retail services in relation to pushchairs
Retail services in relation to bicycles
Wholesale services in relation to vehicles
Wholesale services in relation to furnishings
Wholesale services in relation to bags
Wholesale services in relation to sporting equipment
Wholesale services in relation to toys
Wholesale services in relation to lighting
Wholesale services in relation to clothing
Online retail services relating to luggage
Wholesale services in relation to domestic electrical equipment
Wholesale services relating to automobile parts
Wholesale services relating to automobile accessories