The trademark ZEMO was filed by ZEG Zweirad-Einkaufs-Genossenschaft eG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 27, 2023, and received one opposition filed on July 26, 2023 by ERAM on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ERNEST GUTMANN - YVES PLASSERAUD S.A.S. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2023
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 003200339 was partially refused EUTMA/IR according to Article 8(5) EUTMR with decision issued on November 26, 2024 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 3020221090643 registered on August 2, 2022 and filed on June 2, 2022 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data media
Phonograph records
Compact discs
DVDs
Digital recording media
Coin-operated mechanisms
Cash registers
Calculators
Data processing equipment
Computers
Computer software
Fire extinguishers
Recorded content
Information technology and audiovisual apparatus
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments and measuring, detecting and monitoring indicators containing the aforesaid
Measuring, detecting and monitoring regulators
Scientific research and laboratory apparatus, educational apparatus and simulators
Computer peripheral devices
Software
Navigation, guidance, tracking, targeting and map making devices for vehicles, land vehicles, two-wheeled vehicles, bicycles, electric bicycles, light vehicles, electric bicycles, pedelecs or transport vehicles
Measuring, signalling, checking [supervision] and life-saving apparatus and measuring, signalling, checking [supervision] and life-saving instruments for vehicles, land vehicles, two-wheeled vehicles, bicycles, electric bicycles, light vehicles, electric bicycles, pedelecs or transport vehicles (included in class 9)
Tachometers
Kilometre recorders
Cycle computers
Batteries (electric) for vehicles, land vehicles, two-wheeled vehicles, bicycles, electric bicycles, light vehicles, electric bicycles, pedelecs or transport vehicles
Accumulators [electric] for vehicles, land vehicles, two-wheeled vehicles, bicycles, electric bicycles, light vehicles, electric bicycles, pedelecs or transport vehicles
Electric, electronic, optical, optoelectronic or acoustic measuring, signalling, checking [supervision] and life-saving apparatus and measuring, signalling, checking [supervision] and life-saving instruments for vehicles, land vehicles, two-wheeled vehicles, bicycles, electric bicycles, light vehicles, electric bicycles, pedelecs or transport vehicles
Displays or display mounts for vehicles
Protective and safety helmets
Helmets for bicycles
Helmets for two-wheeled vehicles
Helmets for motorcyclists
Jet helmets
Integral helmets
Helmets for use in sports
Spectacles
Spectacle cases
Spectacle straps
Safety goggles
Goggles for sports
Sunglasses
Cyclists' glasses or glasses for motorcyclists, and Sights for cyclists or motorcyclists
Children's eye glasses
Sensors for vehicles
Electronic or digital automatic controls for vehicles
Chargers and charging stations for electric accumulators, batteries or vehicle batteries
Electronic publications, downloadable
Vehicle displays
Display mounts for vehicles
Visualisation displays and control displays for vehicles
Computer software to operate vehicles
Electronic data exchange units for vehicles
Digital data exchange units for vehicles
Computer software and computer programs for operating vehicles
Computer software for mobile applications that enable interaction and interface between vehicles and mobile devices
Satellite navigation systems and global positioning systems for bicycles
Computers for bicycles
Vehicle maintenance software
Real-time data processing apparatus, for vehicles
Intelligent gateways for real-time data analysis in vehicles
Computer programs for controlling and monitoring vehicles, vehicle accessories or vehicle parts
Electric locks for vehicles
Computer software, electric or electronic emergency call apparatus, emergency call installations, emergency roadside assistance apparatus or emergency roadside assistance installations having emergency or emergency roadside assistance release switches and electronic troubleshooting, fault detection and fault evaluation devices and electronic devices in transportable objects including vehicles for wireless communication with adapted electronic devices in a fixed or transportable, movable reception, external, service or control station, including service centres or service or roadside assistance vehicles
Locating, roadside service, traffic control, navigation and telematics devices, apparatus and installations for the receipt, retrieval and sending of data, primarily relating to the navigation and traffic management of persons and vehicles
Parts and peripheral devices for the aforesaid goods, including accessories, The aforesaid goods included in class 9, Navigational instruments, Aerials, GPS receivers, Warning lights, displayer, The aforesaid goods included in class 9, Sensors and Controls, The aforesaid goods included in class 9
Data carriers that can be removed from, or installed in vehicles, including machine-readable data carriers, including compact discs [read-only memory], magnetic strip cards, magnetic data media and data cartridges, in particular computer digital maps for the recording and, where necessary, reproduction of data from the aforesaid goods
Multimedia and electronic entertainment apparatus [included in class 9], in particular for sound and images, in particular for application in or with vehicles
Proximity sensors
Approach sensors and alarm systems, in particular for detecting the approach of a cyclist or motorcyclist to other vehicles, persons, items, animals or buildings or for detecting falls relating to vehicles
Alarms
Accident and fall detection devices, apparatus or and installations, in particular for cyclists and motorcyclists
Devices, apparatus or instruments for the detection or avoidance of collisions of a cyclist or motorcyclist with other vehicles, people, objects, animals or buildings
Helmets fitted with proximity sensors, collision avoidance systems, accident and fall detection systems
Electric or electronic emergency devices, emergency installations, emergency roadside assistance devices or emergency roadside assistance installations having emergency or emergency roadside assistance release switches and electronic fault search, fault detection and fault evaluation devices
Electronic devices in movable objects, including in particular vehicles for wireless communication with receiver stations, evaluation stations, service stations and control stations, including service centres or service vehicles or roadside assistance vehicles
Locating and roadside service devices, apparatus and installations for the receipt, retrieval and sending of data, primarily relating to persons and vehicles
Traffic control, navigation and telematics devices, apparatus and installations for the receipt, retrieval and sending of data, primarily relating to the navigation and traffic management of persons and vehicles
Electronic or digital risk prevention devices, apparatus or installations for vehicles
Electronic or digital collision prevention devices, apparatus or installations for vehicles
Electronic or digital collision detection devices, apparatus or installations for vehicles
Parts, replacement parts and fittings for the aforesaid goods, included in this class.
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Parts and accessories for all the aforesaid vehicles and transportation means, included in this class
Apparatus for locomotion by land, air or water
Vehicles for use on land
Two-wheeled vehicles
Non-motorised vehicles
Non-motorised land vehicles
Motorised two-wheeled vehicles and three-wheeled vehicles
Non-motorised two-wheeled vehicles and three-wheeled vehicles
Bicycles
Electric bicycles
Pedelecs
S-pedelecs
E-bikes
Electric bicycles
Mobility scooters
Electrical transporter
Electric scooters
Pedal driven land vehicles
Human-powered land vehicles
Muscle-powered land vehicles having a chain or belt as the power transmission means
Vehicles with power-assisted pedalling
Vehicles with pedal drives
Vehicles having a hand-crank mechanism
Vehicles with pedal assistance
Children's bicycles
Tricycles
Trailers for vehicles, in particular two-wheeled vehicles
Bicycles for transport
Cargo bicycles
Transport vehicles
Delivery tricycles
Mopeds
Mopeds
Motorcycles
Mopeds
Motorcycles
Electric motorcycles
Scooters [vehicles]
Scooters [vehicles]
Sports bicycles
Racing bicycles
Mobility vehicles
Reclining bicycles
Folding bikes
Folding bicycles
Folding bikes
Unicycles
Bicycle trailers for transporting children, animals, items or freight
Electrically operated scooters
Self-balancing vehicles
Self-balancing scooters
Self-balancing boards
Two-wheeled vehicles and parts for the construction thereof, included in class 12
Parts, attachments and spare parts for all the aforesaid vehicles, included in class 12
Parts for bicycles and two-wheeled vehicles, included in class 12
Bicycle frames
Vehicle frames
Safety seats for children, for vehicles
Child seats for bicycles
Prams
Golf carts [vehicles]
Golf carts [vehicles], including being pedestrian controlled vehicles
Golf carts [vehicles]
Golf carts [vehicles]
Vehicle tires
Bicycle tyres
Inner tubes for pneumatic tyres for vehicle wheels
Valves for vehicle tyres
Repair outfits for inner tubes and vehicle tyres
Casings for pneumatic tyres for vehicles
Panniers, saddlebags, handlebar bags and luggage cases adapted for cycles
Bags and cases specially adapted for vehicles
Bags for bicycles
Baskets adapted for bicycles
Bicycle transport bags and bicycle transport cases
Saddlebags or panniers adapted for bicycles or motorcycles
Engines and motors for land vehicles and two-wheeled vehicles
Engines for vehicles
Bicycle motors
Bicycle motors
Electric motors for two-wheeled vehicles
Signal arms for vehicles
Anti-theft devices for vehicles
Luggage racks and luggage carriers for vehicles
Baskets specially adapted for affixing to vehicles
Boxes specially adapted for affixing to vehicles
Luggage boxes or transport boxes for attachment to vehicles
Saddlebags, Seat bags, bicycle frame bags, Handlebar bags and Baskets adapted for bicycles, All the aforesaid goods for attachment to bicycles or two-wheeled vehicles
Pumps for inflating pneumatic tyres
Pumps for inflating vehicle tyres, in particular bicycle tyres
Pumps for bicycle tyres
Wheels and wheel sets for vehicles, in particular bicycles and two-wheeled vehicles
Vehicles fitted with proximity sensors, collision avoidance systems, location systems, emergency alert systems, accident and fall detection systems
Mechanical anti-theft devices for vehicles
Anti-theft installations for vehicles
Parts, replacement parts and fittings for all of the aforesaid goods, included in this class.
The mark was filed in class 25 with following description of goods:
Clothing, including sports and fitness wear
Clothing
Footwear
Headgear
Outerclothing
Underwear
Sportswear
Gloves, kidney protectors (clothing)
Motorcycle clothing, motorcycle boots
Rainwear
Functional clothing for recreation and sports
Windbreakers
Caps being headwear
Headbands (clothing)
Bandanas [neckerchiefs]
Belts [clothing]
Scarves
Gloves [clothing]
Swimwear, bath slippers
Shirts
Braces [suspenders] for clothing
Jackets [clothing]
Clothing of leather
Clothing of imitations of leather
Underwear
Coats
Outerclothing
Underwear
Ear muffs [clothing]
Combinations [clothing]
Sweaters
Raincoats
Scarves
Socks
Stockings
Shorts
Trousers
Headbands [clothing]
Tee-shirts
Caps being headwear, Caps [headwear], Peaked caps, Cycling caps, Hats
Clothing for cyclists, Clothing for cyclists
Rainproof ponchos and Pelerines, The aforesaid goods for two-wheeled vehicle riders and cyclists
Footwear for two-wheeled vehicle riders, Cyclists' footwear
Headgear for two-wheeled vehicle riders, Headwear for cyclists
Clothing for bicycle sports
Clothing for cycling
Headwear for cyclists, Headgear for bicycle sports
Rainwear for cyclists or cycling
Cyclists' clothing
Cycling apparel
Cycling gloves
Cycling shirts, cycling trousers and cycling shoes
Bicycle vests
Socks for bicyclist
Cycling jerseys
Cycling shorts
Sports jerseys
Cycling jerseys
Leg warmers (clothing)
Arm warmers (clothing)
Leg warmers being rainwear
Trousers being rainwear
Helmet face masks
Gaiters
Shoe covers
Gaiters being rainwear
Clothing and footwear or Headgear, for use in the following fields: Bicycle industry
Clothing and footwear or Headgear, The aforesaid goods for cycling teams
Technical clothing for cyclists, Functional clothing for two-wheeled vehicle riders
Underclothing (sweat absorbent) for cycling
Cycling shoes with cleats for clipless pedals
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 36 with following description of goods:
Hire-purchase financing
Automobile lease-purchase financing, Especially, Provision of finance for leasing, in relation to the following goods: Cycles, Electric bicycles and Pedelecs
Arranging of lease agreements, in relation to the following goods: Vehicles, Especially, Cycles, Electric bicycles and Pedelecs
Loan and credit, and lease-finance services
Rental and leasing of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Arranging of transportation for travel tours
Vehicle rental
Rental of cycles
Rental, in relation to the following goods: Vehicles, Human-powered vehicles, Two-wheeled vehicles, Bicycles, Electric bicycles, Electric bicycles, Vehicles with pedal assistance, Bicycle trailers and quadricycles
Rental of vehicle accessories, accessories for two-wheeled vehicles and accessories for bicycles
Tour conducting
Conducting of bicycle tours
Transportation and travel information, including the aforesaid services using electronic devices
Consultancy and agency services relating to the booking of travel and transport of travellers and in the field of the tourism industry, included in this class
Parking and storage of vehicles
Container leasing for the shipping industry
Chartering of vehicles for transportation
Rental of transport vehicles
Rental of transport vehicles
Rental of crates
Rental of transport vehicles
Rental of transport vehicles
Providing of information in relation to transport via electronic media
Arrangement of transportation
Arrangement of transportation
Transport services
Transport by road
Transportation by courier
Rental of transport vehicles
Transport relating to passengers, cargo, goods or freight
Transport relating to passengers, goods, freight or cargo
Transport of passengers, goods and/or cargo
Transport by road
Hired car transport
Services for the garaging of vehicles
Garage rental
Rental of garages, parking places or shelters for vehicles, in particular for two-wheeled vehicles, vehicles with pedal drives, electrically scooters or vehicles with pedal assistance
Delivery, Forwarding and Distributing, in relation to the following goods: books, Almanacs, Periodic publications, news papers, Year books, Magazines and Journals
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and computer software
Development of vehicles, vehicle lights, vehicle parts and components thereof
Design of vehicles, vehicle lights, vehicle parts and components thereof
Testing of vehicles, vehicle parts and components therefor
Vehicle and vehicle parts roadworthiness testing
Technical and scientific consultancy in the field of vehicles, in the two-wheeled vehicle sector or in the bicycle sector, and design relating thereto
Development of goods in the field of two-wheeled vehicle sports, bicycle sports and two-wheeled vehicle and bicycle technology, for others
Technical consultancy in the field of vehicle sports, two-wheeled vehicle sports, bicycle sports and vehicle technology
Engineering services
Testing, authentication and quality control
Design services
Research and development of new products for others
Computer software design
Installation and maintenance of computer software
Rental of computer software
Updating of computer software
Computer programming
Design and graphic design
Integration of computer systems and software in vehicles
Technical design integration of lighting or vehicle parts in vehicles
Technical consultancy relating to the integration of computers, software, lighting, components or vehicle parts in vehicles
Technical consultancy and information services relating to the integration of computers, software, lighting, components or vehicle parts in vehicles
Vehicle design services
Development of vehicles
Vehicle engine design services
Design services relating to vehicle batteries
Design services relating to vehicle liveries
Drafting services, in relation to the following goods: Vehicle components
Development of collision prevention systems
Development of accident and fall detection systems
Technical monitoring services relating to vehicles
Technical alarm monitoring services and information services relating thereto
Development and providing of non-downloadable software and apps for the aforesaid collision prevention systems
Development and providing of non-downloadable software and apps for the aforesaid accident detection systems
Development and providing of non-downloadable software and apps for the aforesaid fall detection systems
Development and providing of non-downloadable software and apps for emergency call systems
Development and providing of non-downloadable software and apps for location transmission systems
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.