The trademark was filed by Neuer Wall Treuhand GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 15, 2023, and received one opposition filed on August 15, 2023 by Societe Civile du Chateau D'Yquem (Société Civile) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CABINET GERMAIN & MAUREAU and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2023
It was designated 'Basic Application' for International Application 1746990 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 1 with Flower preservatives, photographic paper, oils for currying leather.
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Furbishing, cleaning, polishing, scouring and abrasive preparations
Polishing products
Shampoo and products for cleaning windscreens, all being for motor vehicles
Rust removers
Abrasive paper
Soaps
Perfumery, essential oils and cosmetics
Tissues impregnated with cosmetic lotions
Hair lotion
Dentifrices
Fragrant preparations.
The mark was filed in class 4 with Oils for the preservation of leather, candles, tapers, lamp wicks.
The mark was filed in class 5 with following description of goods:
Human medication
Radioactive materials for medical use
Medical gases
Chemical conductors for electrocardiogram electrodes
Semen for artificial insemination
Disinfectant
Solution for contact lenses
Nutrients for microorganisms
Medical and nutritious food
Insecticide
Preparations for veterinary use
Sanitary napkin belts
Medical dressings
Abrasives for teeth
Pet diapers.
The mark was filed in class 7 with Mechanical controls for engines, brakes, clutches, accelerator pedals and gearboxes, engine mounts, all for vehicles and Starter motors for cars, fans for engines, radiators, radiator shutters, fan belts, all for vehicles..
The mark was filed in class 8 with Hand tools, hand-operated and razors, electric or non-electric, manicure sets, graving tools [hand tools], knife, daggers, table cutlery [knives, forks and spoons], tableware [knives, forks and spoons], table knives, forks and spoons for babies..
The mark was filed in class 9 with following description of goods:
Batteries
Rechargeable batteries
Batteries for vehicles and electric vehicles
Intelligent glasses [data processing]
Wearable action trackers
Computer programs [downloadable software]
Time recording apparatus
Automatic measuring instruments
Intercommunication apparatus
Detectors
Simulators for the steering and control of vehicles and electric vehicles
Speed checking apparatus for vehicles and electric vehicles
Battery chargers
Reflective safety waistcoat
Sunglasses
Glasses
USB flash drives
Smartglasses (data processing)
Laptop computers
External connecting disk drives for computers
Smartwatches (data processing)
Pedometers
Scales
Cases for smartphones
Navigational instruments
Smart phones
Microphones
Portable media players
Cabinets for loudspeakers
Cameras [photography]
Spectacles
Eyeglasses
Mobile batteries (chargeable batteries)
Respirators for filtering air (for automobile use).
The mark was filed in class 10 with following description of goods:
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, air conditioning and sanitary purposes
Parts and fittings for the aforesaid goods
Coils being parts of heating or cooling apparatus
Defrosters for vehicles
Fuel economizers
Filters for air conditioners
Heating apparatus for defrosting windows of vehicles
Lighting lamps
Light and light bulbs for direction indicators for motor vehicles
Pocket searchlights
Reflectors for vehicles
Anti-glare devices for motor vehicles, Anti-dazzle devices for automobiles (lamp fittings)
Lighting and lighting reflectors for automobiles
Lamps
Ceiling lights
Table lamps
Desk lamps
Electric coffee machines
Bread baking machines
Heating and cooling apparatus for dispensing hot and cold beverages
Hair dryers
Electric radiators.
The mark was filed in class 12 with following description of goods:
Cars
Sports cars
Motors for land vehicles
Cycles, the aforementioned goods not in relation to Indoor- Cycling
Tires for vehicle wheels, the aforementioned goods not in relation to Indoor-Cycling
Water vehicles
Steering wheels for vehicles, the aforementioned goods not in relation to Indoor-Cycling
Electric vehicles, the aforementioned goods not in relation to Indoor-Cycling
Cycle cars
Motorcycles
Apparatus for locomotion by land, air or water
Vehicles, the aforementioned goods not in relation to Indoor- Cycling
Motor vehicles
Land vehicles
Electric motors for land vehicles
Vehicle axles
Bodies for electric vehicles
Brake shoes and brake linings for vehicles
Brake calipers for vehicles, brake systems, bumpers, couplings for land vehicles, differential for land vehicles, drive gears for land vehicles, drive shafts for land vehicles , motors for land vehicles, gear change selector for land vehicles , transmission for land vehicles, transmission shafts for land vehicles , brake cylinders and motors for land vehicles , carrying bearings [parts of vehicles], all for vehicles
Chassis for vehicles
Manual and power steering apparatus for land vehicles , safety restraints for use in vehicles, vehicles seats, sliding roofs for vehicles, steering columns for vehicles, all for vehicles, the aforementioned goods not in relation to Indoor-Cycling
Hubs for vehicle wheels, the aforementioned goods not in relation to Indoor-Cycling
Vehicle wheels, all for vehicles, the aforementioned goods not in relation to Indoor-Cycling
Chain deflectors for vehicles, the aforementioned goods not in relation to Indoor-Cycling , direction indicators, doors, hatches for vehicles , upholstery for vehicles, handles for doors, horns, mirrors [Rearview Mirror], luggage racks, ski racks, mudguards, snow chains for motor cehicles, anti-skid chains, head restraints, seat belts, safety seats for children, mudflaps, roof racks, shock absorbers springs for automobiles
Coil springs for vehicle suspension
Leaf-springs for vehicle suspension
Suspension springs for motor cars
Vehicles, stabilizer bars for use on bicycle, the aforementioned goods not in relation to Indoor-Cycling , starters, steering wheels, steering linkages, suspensions, torsion bars, connecting rod for land vehicles, other than parts of motors and engines, windows, window winding mechanisms, windshield wipers, all for vehicles
Arm rests for vehicles
Lead weights for balancing vehicle wheels
Protective covers, radiator grilles, fluid containers, storage boxes and boxes, spare wheel carriers, all being parts of vehicles
Trim panels for vehicle bodies
Parts and fittings for vehicles, particularly motor vehicles and electric vehicles
Mechanical controls for engines, brakes, clutches, accelerator pedals and gearboxes, engine mounts, all for vehicles
Parts and fittings for motorized land vehicles.
The mark was filed in class 14 with following description of goods:
Boxes of precious metal
Medals
Statues of precious metal
Cuff links
Tie pins
Key rings [trinkets or fobs]
Wristwatches
Watch chains
Badges of precious metal.
The mark was filed in class 16 with following description of goods:
Towels of paper
Note books
Greeting cards
Calendars
Posters
Pictures
Bags [envelopes, pouches] of paper or plastics, for packaging
The mark was filed in class 18 with following description of goods:
Leather, unworked or semi-worked
Bags
Travelling trunks
Shopping bags
Business card cases
Umbrellas.
The mark was filed in class 20 with following description of goods:
Seats
Furniture
Infant walkers
Chests for toys
Mirrors [looking glasses]
Works of art of wood, wax and plaster or plastic
Nameplates, not of metal
Identity plates, not of metal
Decorations of plastic for foodstuffs
Kennels for household pets
Feet for furniture
Cushions.
The mark was filed in class 22 with following description of goods:
Ropes
String
Nets
Tents
Tarpaulins
Sails
Sacks
Bags for packaging and bags for the transport and storage of materials in bulk
Bivouac sacks.
The mark was filed in class 24 with following description of goods:
Wall hangings of textile
Tapestry [wall hangings], of textile
Felt
Household linen
Towels of textile
Sheets [textile]
Tablecloths, not of paper.
The mark was filed in class 25 with following description of goods:
Clothing
Shirts
Trousers
Motorists' clothing
Waterproof clothing
Shoes
Headgear
Hosiery [clothing]
Gloves [clothing]
Neckties
Girdles
Footwear, the aforementioned goods not in relation to Indoor- Cycling
Caps [headwear]
Socks
Neck scarves [mufflers]
Waist belts
Sleep masks.
The mark was filed in class 26 with following description of goods:
Hair bands
Brooches [clothing accessories]
Hair grips
Bobby pins
Artificial flowers.
The mark was filed in class 27 with following description of goods:
Carpets
Rugs
Mats
Floor coverings
Non-slip mats
Gymnastic mats
Gymnasium mats
Carpets for automobiles
Wallpaper
Decorative wall hangings, not of textile.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes
Dolls
Toy vehicles
Radio-controlled toy vehicles
Scale model vehicles
Scale model kits [toys]
Gloves for games
Golf gloves
Toys
Building blocks (toys)
Kids bicycles (not for traffic)
Scooters (toys)
Smart toys
Board games
Playing cards
Balls for games
Body-building apparatus
Body-training apparatus
Body rehabilitation apparatus
Skis
Machines for physical exercises
Christmas trees of synthetic material.
The mark was filed in class 30 with following description of goods:
Coffee
Baked coffee beans
Coffee powder
Tea
Tea-based beverages
Sugar
Confectionery
Sugar confectionery
Pastries
Almond paste
Cereal-based snack food
Ice cream.
The mark was filed in class 32 with following description of goods:
Beer-based cocktails
Beer
Seltzer water
Aerated water
Protein-enriched sports beverages
Waters [beverages]
Fruit drink
Fruit juice
Cola
Preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic fruit extracts
Wine
Liqueurs
Alcoholic beverages, except beer
Alcoholic essences
Whisky.
The mark was filed in class 35 with following description of goods:
On-line advertising on a computer network
Presentation of goods on communication media, for retail purposes
Production of advertising films
Providing business information via a web site
Organization of trade fairs for commercial or advertising purposes
Import-export agencies
Sales promotion for others
Business management of sports people
Retail services for electric vehicles and motor vehicles and vehicle accessories
Advertising
Business management services
Business administration
Office functions
Rental of advertising space, including in the form of banner advertising
Promotion of goods and services through sponsorship
Advertising for goods and services, for others, by means of contractual agreements
Business and organizational consulting for companies and individuals regarding motor vehicles and electric vehicles
Publicity
Publicity agency services
Design of advertising materials
Business information
Commercial intermediation services
Gift registry services
Provision of an on-line marketplace for buyers and sellers of goods and services.
The mark was filed in class 36 with following description of goods:
Finance services
Financing of vehicles, in particular motor vehicles and electric vehicles
Credit leasing
Financial consultancy in relation to the repair and maintenance of vehicles, in particular motor vehicles and electric vehicles
Underwriting services
Monetary affairs.
The mark was filed in class 37 with following description of goods:
Car wash
Anti-rust treatment for vehicles
Vehicle service stations [refuelling and maintenan-ce]
Vehicle breakdown assistance [repair]
Vehicle battery charging
Vehicle maintenance
Rubber tire repair
Tire vulcanization [repair]
Repair, maintenance, installation and assembly, cleaning and care of electrical and electronic apparatus, instruments and devices as well as electric vehicles, motor vehicles, motors and parts of the afore-mentioned goods
Vehicle services, namely recharging services for electric vehicles, motor vehicle maintenance and repair services
Vehicle repair, in particular breakdown services
Fuel filling services for land vehicles
Information and consultancy services relating to vehicle repair
Advisory services for maintenance and repair of motor vehicles
Installation, integration, maintenance and repair and upgrading of electric battery systems for land vehicles
All the aforementioned services not in relation with the military and defence or security fields and especially not in connection with the vehicles for defence forces or in charge of security forces.
The mark was filed in class 38 with following description of goods:
Telecommunications
News agencies
Telecommunication services provided via Internet platforms and portals
Providing access to information on the Internet
Electronic data interchange services
Electronic exchange of messages via chat lines, chat rooms and internet Forums
Email services
Rental of telecommunications equipment
Radio and television and Internet program broadcasting, transmission and communications
Providing of access to and transmission of digital music, video and other multimedia works through telecommunications
Electronic mail
Communications by cellular phones
Broadcasting and transmission of television, radio and Internet programs.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Towing
Taxi services
Motor vehicle transport
Rental of vehicles, in particular cars
Leasing of vehicles, in particular automobiles
Passenger transport, in particular by bus and car
Freight brokerage
Delivery of goods and parcels
Packaging of goods
Piloting
Transport services for sightseeing tours
Transport of travelers
Storage information
Courier services [messages or merchandise]
Travel reservation
Traffic information.
The mark was filed in class 40 with Rental of electric vehicle batteries and Leasing services relating to electric battery systems for land vehicles for the storage, discharge, supply, transmission and stabilization of electricity..
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Arranging and conducting of cultural and/or sports events
Promotion of up-and-coming talent through providing of training and further training in the field of sport, music, culture, engineering, software programming ,design, marketing and law
Organisation, arranging and conducting of colloquiums, conferences, congresses, symposiums, seminars and workshops (training)
Organization of exhibitions for cultural or educational purposes
Production of television and radio programmes, radio and television entertainment
Cinema presentations
Performances (Presentation of live -)
Playing games on computer networks and on the Internet
Providing museum facilities (presentation, exhibitions)
Performance of music, Orchestra services
Organisation of sports competitions
Operation of lottery and games of chance
Teaching
Educational services
Instruction services
Organization of shows [impresario services]
Mobile library services
Bookmobile services
Providing online electronic publications, not downloadable
Photography
Entertainment services.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design services relating to electric vehicles and automobiles
Industrial analysis and research services with regard to electric vehicles and automobiles
Design and development of computer hardware and software for electric vehicles and automobiles
Vehicle Design Services
Product development for the automotive industry and electric vehicles
Development of motor vehicles and electric vehicles.
The mark was filed in class 43 with following description of goods:
Providing of food and drink
Temporary accommodation
Accommodation bureau services [hotels, boarding houses]
Motel services
Bar services
Hotel services
Temporary accommodation reservations
Canteen services
Tourist home services
Retirement home services
Day-nursery [crèche] services
Boarding for animals.
The mark was filed in class 45 with following description of goods: