The trademark TUNING ACADEMY was filed by Magicmotorsport S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 3, 2023, and received one opposition filed on July 3, 2023 by UNIVERSIDAD DE DEUSTO on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ezcurra Zufia, Maria Antonia and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 3, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 39 with following description of goods:
Storage of documentary records
Physical storage of electronically stored data or documents
Vehicle breakdown towing services
Vehicle breakdown towing services
Hauling
Loading and unloading of vehicles
Gift packaging
Delivery of fuel
Delivery of fuel to barges
Delivery of hampers containing food and drink
Parcel delivery
Delivery of parcels by courier
Delivery of correspondence
Delivery of gift baskets with selected items regarding a particular occasion or theme
Document delivery [hand carried]
Document delivery by non-electronic means
Freight [shipping of goods]
Delivery of goods by mail order
Courier services for the delivery of goods
Delivery of goods by rail
Delivery of cargo by land
Delivery of messages [courier]
Parcel delivery
Delivery of parcels by land
Delivery of parcels by land
Delivery of domestic appliance parts
Delivery of mail by courier
Delivery of goods by mail order
Arranging the delivery of gifts
Delivery of magazines
Transportation of vehicles
Delivery by road
Delivery of parcels by land
Advisory services relating to the distribution of goods
Professional consultancy relating to transport
Advisory services relating to the storage of goods
Consultancy in the field of transport services provided by telephone call centres and hotlines
Consultancy in the field of storage services provided by telephone call centers and hotlines
Chartering of vehicles for transportation
Transmission of oil or gas through pipelines
Luggage storage
Storage of packages
Storage of domestic appliances
Storage of clothing
Storage of cargo after transportation
Storage of cargo before transportation
Storage of packages
Storage of gaseous fuels
Container storage
Storage of documents
Hazardous materials warehousing
Storage of goods
Storage of cargo
Storage of furniture
Storage of parts for motor vehicles
Storage of vehicles
Storage of brochures
Storage and delivery of goods
Warehouse storage
Luggage storage
Storage of cargo before transportation
Temporary storage of keys
Bonded storage
Temporary storage of deliveries
Bonded storage of goods
Arrangement for the delivery of parcels by sea and by air
Delivery of goods
Delivery of fuel
Transport of parcels
Electricity distribution via cables
Electricity distribution via cables
Distribution of gas
Distribution of renewable energy
Distribution of renewable natural gas
Parcel delivery
Distribution [transport] of goods by air
Distribution by pipeline and cable
Distribution [transport] of goods by road
Distribution [transport] of goods by sea
Supply of electricity
Supply of electricity
Gas supplying [distribution]
Electricity supply and distribution
Providing information about automobiles for lease by mean of the internet
Providing advice relating to freight forwarding services
Provision of data relating to timetables
Provision of data relating to methods of transport
Providing customized driving directions
Provision of information relating to road transport
Providing information relating to the temporary storage of personal belongings
Providing information relating to vehicle parking services
Providing information relating to the distribution of electricity
Providing information relating to the delivery of documents, letters and parcels
Providing information relating to vehicle driving services
Providing information relating to removal services
Providing information relating to car rental services
Providing information relating to the rental of packing or wrapping machines and apparatus
Providing information relating to warehousing services
Providing information about temporary storage services
Providing information relating to the rental of mechanical parking systems
Providing information relating to car transport
Providing information relating to the rental of warehouse space
Provision of information relating to postal codes
Provision of transportation tariff information
Providing information regarding transportation matters
Storage information
Provision of car parking facilities
Provision of car parking facilities
Providing taxi booking services via mobile applications
Provision of warehousing services and facilities
Provision of car parking facilities
Provision of refrigerated storage facilities
Provision of hired vehicles for the transport of passengers
Provision of hired vehicles
Management of vehicular traffic flow through advanced communications network and technology
Operating of road and motorway tolls
Operation of canal lock gates
Operation of stations used for transport purposes
Operating toll roads
Sightseeing and excursion services
Packaging services
Packaging clothing articles for transportation
Packaging articles for transportation
Packing of goods for removal
Packaging articles to the order and specification of others
Packing of freight
Packaging of goods
Packing of goods in containers
Crating of goods
Packaging of goods in transit
Packaging of goods
Packaging and storage of goods
Storage
Temperatures controlled storage of chemicals
Container storage
Gas storage services
Storage of fuel oil
Storage of vehicle parts
Warehousing of parts
Storage of commercial goods
Physical storage of electronically stored data or documents
Storing, safekeeping of clothes
Overnight storage of letters in depots
Packing articles for transportation
Wrapping of goods
Information services relating to the location of goods
Provision of information relating to motoring routes
Transportation information
Provision of information relating to the transport of freight
Transportation information
Traffic information
Storage information
Storage information
Fares (Provision of information relating to -)
Vehicle routing by computer on data networks
Leasing of warehouse units
Motor land vehicle hire services
Cargo tracking services
Locating and tracking of cargo for transportation purposes
Locating and tracking of people for transportation purposes
Rental of vehicle parking spaces
Rental of storage space
Storage of furniture
Aircraft charter brokerage
Transport brokerage
Container handling
Cargo handling and freight services
Navigation (positioning, and route and course plotting)
Contract hire of motor vehicles
Contract rental of vehicles
Rental of transport vehicles
Leasing the use of power lines to third parties for the transmission of electricity
Car rental
Chauffeur driven car hire services
Automobile vehicle renting services
Rental of electric cars
Rental of sports cars
Booking of hire cars
Rental of cycles
Rental of electric bicycles
Rental of trolleys
Rental of barrows
Rental of storage cartons
Container rental
Rental of containers for warehousing and storage
Rental of storage containers
Freight and cargo services
Freight and cargo services
Container leasing for the shipping industry
Rental of storage facilities
Rental of security drones
Rental of surveillance drones
Rental of photography drones
Rental of moving vans
Rental of loading-unloading machines and apparatus
Motorcycle rental
Motor vehicle rental
Rental of pallets and containers for storage of goods
Rental of pallets and containers for transport of goods
Leasing of pallets for the transport or storage of goods
Leasing of pallets for industrial and commercial use
Hire of pallet cages
Rental of vehicle parts
Rental of vehicle roof racks
Rental of garage parking places
Parking place rental
Rental of automobile trailers
Rental of car transporters
Rental of wagons
Vehicle rental
Contract rental of vehicles
Rental of hydrogen cars
Motor land vehicle hire services
Rental of recreational vehicles
Rental of commercial vehicles
Rental of GPS-equipped vehicles
Rental of traction vehicle and trailers
Truck and vehicle rental
Rental of vehicles and apparatus for locomotion by air
Rental of vehicles equipped with nacelles
Rental of vehicles equipped with lifting platforms
Rental of railway vehicles for use in the reprofiling of rail profiles
Rental of railway vehicles
Rental of railway vehicles for use in the measurement of rail profiles
Rental of vehicles, in particular automobiles and lorries
Rental of transport vehicles
Rental of goods vehicles
Passenger vehicle hire
Rental of transport vehicles
Chartering of vehicles for travelling
Rental of road vehicles
Rental of motor road vehicles
Motor coach rental
Rental of motor racing cars
Railway coach rental
Warehouse storage
Arranging of vehicle hire
Arranging of car hire
Arranging vehicle breakdown recovery
Arrangement of transportation
Arrangement of vehicle recovery
Arranging vehicle towing
Arrangement of the transportation of hydrocarbons
Arranging the collection of packages
Arranging the collection of packages
Arranging the collection of goods
Arranging transportation of goods
Arrangement of the transportation of fuels
Arrangement of the storage of fuels
Arrangement of the storage of hydrocarbons
Arranging transportation of goods
Arranging the delivery of gifts
Arrangement of the transportation of hydrocarbons
Arrangement of the transportation of fuels
Transport by land
Ship transport
Marine transport
Arranging of passenger transportation services for others via an online application
Transportation logistics
Arranging transport services by land, sea and air
Arranging of business travel
Car parking [valet] services
Vehicle parking
Vehicle parking and storage
Computerised distribution planning relating to transportation
Planning, arranging and booking of travel
Piloting
Piloting of civilian drones
Piloting of ships
Booking of hire cars
Computerised reservation services relating to the carriage of passengers
Booking of seats for transportation by motor vehicles
Transport reservation
Loan of vehicles
Collection of goods
Pickup and delivery of parcels and goods
Collection, transport and delivery of goods, documents, parcels and letters
Collection, transport and delivery of goods
Recovery services for vehicles
Recovery services for vehicles
Salvage of motor vehicles
Commercial vehicle breakdown recovery
Vehicle breakdown towing services
Recovery of commercial motor land vehicles
Filling of containers
Filling of machines and containers
Filling of vehicles with freight
Replenishment of vending machines
Towing of road vehicles
Towing of motor vehicles
Towing of vehicles in connection with breakdown services
Towing and transport of cars as part of vehicle breakdown services
Collection of packages by road
Salvaging
Rescue [transport] of vehicles on the land
Rescue [transport] of vehicles in the air
Rescue [transport] of vehicles in the water
Unloading cargo
Unloading cargo
Unloading cargo
Unloading cargo
Airline services for the transportation of cargo
Computerised distribution advisory services relating to transport
Rental of transport vehicles
Bus transport
Information services relating to methods of transport
Information services relating to guarded transport
Storage information
Car subscription services
Booking agency services for car hire
Agency services for arranging the transportation of goods
Services for the garaging of vehicles
Garaging
Parking garages services
Car sharing services
Carpooling services
Loading of cargo
Yacht and boat charter services
Wrapping and packaging services
Packaging and storage of goods
Consultancy services relating to transportation
Advisory services relating to the repacking of goods
Advisory services relating to the handling of goods
Consultancy services relating to storage
Advisory services relating to the tracking of goods in transit
Advisory services relating to road transportation
Consultancy services relating to transportation
Consultancy services relating to storage
Courier services [messages or merchandise]
Messenger services for messages
Courier services for merchandise
Gas storage services
Messenger courier services
Parcel storage services
Security storage services [transport]
Warehouse storage
Freight warehousing
Storage of freight
Storage of cargo
Depot services for the storage of vehicles
Distribution services
Distribution of gas
Fuel distribution services
Palletised freight distribution services
Driving services
Vehicle-driving services
Packaging services
Pallet packaging services
Wrapping and packaging services
Crating services
Transport information, advice and reservation services
Information and advisory services in relation to the distribution of energy
Information services relating to the transportation of goods
Information services relating to the transportation of petroleum
Information services relating to the transportation of crude oil
Transportation information
Mail delivery and courier services
Warehouse storage
Vehicle location services
Air charter brokerage services
Brokerage services relating to storage
Transport brokerage
Cargo handling
Global Positioning System navigation services
Car rental
Car rental
Automobile vehicle renting services
Leasing of trailers
Motor vehicle hire services
Motor land vehicle hire services
Rental services related to vehicles, transportation, and storage
Automobile rental reservation services
Reservation services for vehicle rental
Automobile salvage services
Automobile towing services
Commercial vehicle towing services
Vehicle breakdown towing services
Vehicle breakdown towing services
Rescue, recovery, towing and salvage services
Unloading and repackaging services
Unloading services
Vehicle salvage services
Road rescue [transport] services
Rescue operations [transport]
Freight-forwarding services
Cargo delivery services
Freight forwarding
Freight forwarding
Industrial removal services [transportation]
Haulier (Services of a -)
Transport services
Transportation of freight
Car transport
Motor vehicle transport services
Vehicle transport services
Land freight services
Import and export cargo handling services
Computerised transport information services
Information services relating to the movement of cargo
Information services relating to traffic
International ocean freight shipping services
Transportation information
Car park services
Transport of legal documents
Services for transporting legal documents
Haulage services
Services for the arranging of transportation
Services for the provision of information relating to motor transport
Unloading cargo
Services for the operation of tugs
Towing by motor vehicles
Rescue operations [transport]
Emergency automobile towing
Emergency auto or truck towing
Recovery winching of vehicles
Winching of vehicles
Shipping
Shipping of goods
Document delivery
Forwarding of goods
Express delivery of goods
Shipping services
Delivery services
Storage of energy and fuels
Storage of containers and cargo
Storage of liquefied natural gas on ships
Storage of watercraft, yachts, boats and water vehicles
Storage of goods in warehouses
Storage of goods in transit
Storage of oil
Storage of waste oil
Physical storage of renewable natural gas for others
Bulk storage
Subdividing and repackaging of goods
Tracking of passenger vehicles by computer or via GPS
Tracking of passenger or freight vehicles by computer or via GPS
Tracking and tracing of shipments
Towing of vehicles
Freight forwarding
Furniture moving
Overseas removal services
Removal services
Commercial removal services
Furniture moving
Removal of office equipment
Removal of commercial furniture
Removal of domestic furniture
Air transport
Transport
Transport by heavy goods vehicles
Armoured vehicle transport
Armoured vehicle transport
Transport of fuels by pipeline
Transportation of containers
Transport of parcels
Transport of valuables
Freight shipping
Pipeline transport of gases
Transport of liquefied natural gas by sea
Transportation of dry gas
Transport of goods
Freight train transport
Transport of freight by air
Transport of goods by rail
Transport of goods by inland water
Transport of natural gas
Transporting furniture
Transportation of furniture of others by trucks
Transportation of household effects
Transportation of heavy fuel-oil
Passenger cargo services
Transport of travellers by car
Transport of oil
Transportation of crude oil
Transportation of vehicles
Transport of motor vehicles
Transportation and delivery of goods
Transportation and storage
Transport and distribution of natural gas and liquefied gas
Transportation and storage
Storage and delivery of goods
Freight and cargo services
Car transport
Hired car transport
Truck transport
Transportation of freight by water
Transportation by courier
Transportation of parcels overnight
Transport of parcels
Guarded transportation.
The mark was filed in class 41 with Education services intended for the training of enthusiast of tuning car.