The trademark BABOON was filed by Boonstra Motoren Ureterp B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 19, 2022, and received one opposition filed on January 17, 2023 by Baboon Robots S.R.L. on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2023
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 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning preparations, Polishing preparations, Grease-removing preparations and Abrasives, The aforesaid goods including for vehicles and motorcycles
Cloths impregnated with a detergent for cleaning
Shining and polishing preparations for vehicles
Soap
Cleaning sprays
Car wax
Soap for bodywork
Car shampoos and Motorcycle shampoo
Internal cleanser
Leather cleaning preparations
Rust removing products
Tar, asphalt and glue removers
Abrasive paper
Abrasive rolls
Abrasive strips
Perfumery
Odours for use in vehicles
In-car fresheners.
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricating oil
Lubricants
Lubricating grease
Lubricants for land and water vehicles
Lubricants for industrial apparatus
Lubricants for industrial apparatus
Dust controlling compositions
Fuels (including motor spirit) and illuminants
Oil additives
Fuel additives
Oils for engines and Motor spirits.
The mark was filed in class 6 with following description of goods:
Locks for the following goods: Bicycles, Motors, E-bikes and Cycles, including the following products: cable locking systems, Chain joints, U-locks, Frame locks and padlocks
Motorcycle sheds, of metal
Brackets for storing motorcycles, of metal
Supports for storing motorcycles, of metal
Screws and bolts of metal
Parts for the aforesaid goods included in this class.
The mark was filed in class 7 with following description of goods:
Engines (excluding those for agricultural vehicles)
Machine coupling and transmission components (except for land vehicles)
Electrical and pneumatic tools, The aforesaid goods for motorcycles
Exhausts
Exhaust silencers
Mufflers for motors and engines
Exhaust systems for vehicles
Exhaust manifold for engines
Exhaust silencers, Exhaust silencers and Exhaust systems, The aforesaid goods for mopeds
Gaskets for engines and motors
Parts for the aforesaid goods, included in this class.
The mark was filed in class 8 with following description of goods:
Hand tools and instruments (hand-operated) for motorcycles
Lifting jacks
Hand-operated lift systems, including hydraulic
Torque spanners (hand-operated).
The mark was filed in class 9 with following description of goods:
Helmets
Spectacles
Sunglasses
Navigation systems
Protective clothing for motorcyclists, Gloves for protection and protective shoes
Alarm systems
Communications systems
Audio systems
Back protectors
Kidney belts
Knee sliders
Phone and navigation holders for motorcycles
Accumulators and Chargers for electric batteries
Engine hour meters
Sensors for engines
Starter cables for motors
Cruise controls for motor vehicles
Motor vehicle power locks
Parts for the aforesaid goods, included in this class.
The mark was filed in class 12 with following description of goods:
Means of transport, vehicles
Automotive vehicles
Motorcycles
Parts and components of or for the following goods: means of transport, Cars and Automotive vehicles, including the following products: Cylinders, Wheel trims, Hub caps, Air extractors and air intake system, namely Bodywork parts, Airpumps, Undercarriages, Axles, Bodywork parts, Coilovers, Headlight shields, shock absorber springs, Spring plates
Pedal sets
Sports pedals
Anti-theft, security and safety devices and equipment for vehicles
Springs for vehicle suspension systems
Suspension shock absorbers for vehicles
Fuel tanks for motorcycles
Driving motors for land vehicles
Protective sleeves
Registration plate holders, not of metal
Panniers for motorcycles
Motorcycle kickstands
Motorcycle engines
Structural parts for motorcycles
Motorcycle chains
Brake discs for motorcycles
Luggage racks for motorcycles
Tyres for motor cycles and Inner tubes for motorcycle tires
Motorcycle saddles
Wheel hubs for motorcycles
Parts for the aforesaid goods, included in this class.
The mark was filed in class 25 with following description of goods:
Cycle racing shoes, cycling boots
Motorcycle clothing and cycle clothing
Motorcycle riding suits
Motorcycle gloves
Boots for motorcycling
Waterproof suits for motorcyclists
Motorcyclists' clothing of leather
Parts for the aforesaid goods in this class.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Arm pads, Elbow guards, Wrist protectors and Knee pads, namely sporting
Scale models of motorcycles
Parts for the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Business management
Office functions
Business organisation, business economic and business administration consultancy
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: bleaching preparations and Other substances for laundry use, Cleaning and smoothing preparations (starching), Grease removers and abrasive preparations, The aforesaid goods including for vehicles and motorcycles, Cleaning preparations impregnated into cloth, Shining and polishing preparations for vehicles, Soaps, Cleansing sprays, Car wax, Soap for bodywork, Shampoos for automobiles and Motorcycle shampoo
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Interior cleaners, leather cleaning products, Rust removing products, Tar, asphalt and glue removers, Sandpaper, Sanding rolls, Abrasive strips, Perfumery, Fragrances for use in vehicles, car perfumes
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Industrial oils and greases, Lubricating oils, Lubricants, Lubricating grease, Lubricants for land and water vehicles, Lubricants for industrial machines, Lubricants for industrial apparatus
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Preparations for absorbing, wetting and controlling dust, Fuels (including motor spirit) and illuminants, Oil additives, Fuel additives, oils for engines and Petrol for motorcycles
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Locks for cycles, motorcycles, electric bicycles and bicycles, including the following goods: Cable locks, Chain locks, U-locks, Frame locks and padlocks, Motorcycle sheds, of metal, Brackets for storing motorcycles, of metal, Supports for storing motorcycles, of metal, screws and bolts made of metal, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: motors, Other than motors and engines for agricultural vehicles, Machine coupling and transmission components (except for land vehicles), Electric and pneumatic tools for motorcycles
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Silencers for exhausts, Exhaust silencers, Silencers for motors and engines, Vehicle exhaust systems, Exhaust manifolds for motors and engines, Silencers for motors and engines, Mufflers, exhaust silencers and exhaust systems for mopeds, gaskets for engines and motors, Parts of the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Hand tools and instruments (hand-operated) for motorcycles, Jacks, Manually operated lift systems, including hydraulic, socket wrenches [hand operated tools]
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Headsets, Eyeglasses, sunglasses, Navigation systems, Protective clothing for motorcyclists, Protective gloves and protective shoes, Alarm systems, Communication systems, Audio systems, back protectors, Kidney belts, Knee pads, phone and navigation holders for motorcycles, Batteries and Battery charging equipment, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Motorcycle hour meters, Sensors for engines, Starter cables for motors and engines, Cruise control for motor vehicles, Motor vehicle power locks, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Transport means, land vehicles, Motor vehicles, motorbikes, Parts and components of or for means of transport, vehicles and motor vehicles, including the following goods: Chimneys, Wheel rims, Wheel covers, Air extractors and air inlet systems (parts for vehicle bodies), Air pumps, Undercarriages for vehicles, Axles, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Parts for vehicle bodies, Coilover undercarriages, Headlight shields, shock absorber springs, Spring plates, Pedal sets, Sports pedals, Anti-theft, security and safety devices and equipment for vehicles, Springs for vehicle suspension units, Suspension shock absorbers for vehicles, Fuel tanks for motorcycles, Motors and engines for land vehicles, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Dust covers, Numberplate holders, not of metal, Panniers for motorcycles, Motorcycle kickstands, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: motorcycle engines, Motorcycle chains, Structural parts and brake discs for motorcycles, luggage racks for motorcycles, Motorcycle tires and Inner tubes for motorcycle tyres, Saddles for motorcycles, Wheel hubs for motorcycles, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Cycling shoes, cycling Boots, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: motorcyclists clothing and cycling clothing, Motorcycle riding suits, Gloves for motorcyclists, Boots for motorcycling, Waterproof suits for motorcyclists, Clothing of leather for motorcycle riders, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: games, Toys and playthings, Arm warmers, protective elbow pads, protective wrist guards and Knee-pads, Namely of, Sporting articles, Scale models of motorcycles, Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Magazines, manuals, Lighting for motorcycles
Provision of commercial information
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 37 with following description of goods:
Assembly, Servicing, fix, refitting and remanufacturing in relation to the following goods: Vehicles and motors and engines
Replacement, repair, assembly and alignment of tyres
Repair of motorcycle damage
Information in relation to the aforesaid services in the context of vehicle servicing and testing
Installation services and Assembly in relation to the following goods: Engine parts, Motorcycle materials, motorcycle accessories, Telecommunications systems, Navigation systems, Radios and Stereo systems, multimedia installations and Goods for land vehicles
Vehicle cleaning
Application of paint and protective coatings to vehicles
Consultancy and information regarding the aforesaid services, including via electronic networks such as the Internet.
The mark was filed in class 40 with following description of goods:
Scrapping of vehicles
Disassembly of vehicles
Recycling of vehicles
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.