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 July 4, 2023, and received one opposition filed on October 3, 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 October 3, 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 003204343 was partially refused EUTMA/IR according to Article 8(5) EUTMR with decision issued on November 25, 2024 by the EUIPO.
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 use with the following goods: 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 use in relation to the following goods: 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 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, external stations, service stations, control stations, service centres, 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
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
Electronic or digital risk prevention devices, risk prevention apparatus or risk prevention installations for vehicles
Electronic or digital collision prevention devices, collision prevention apparatus or collision prevention installations for vehicles
Electronic or digital collision detection devices, collision detection apparatus or collision detection 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]
Scooters for golf use
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
Saddle bags, seat bags, bicycle frame bags, handlebar bags and bicycle baskets, all 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 18 with following description of goods:
Leather and imitations of leather
Animal skins
Fur
Umbrellas and parasols
Travel luggage
Carrier bags
Walking sticks
Whips
Harnesses
Saddlery
Collars for animals
Leads for animals
Covers for animals
Trunks and suitcases
Purses
Beach bags
Pocket wallets
Shopping bags
Handbags
Travelling bags
Rucksacks
Small rucksacks
Rucksacks for cyclists
Articles of luggage being bags
Bags, not specifically designed for sporting articles