The trademark M90 was filed by NIO (Anhui) Co., Ltd, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 15, 2023, and received one opposition filed on August 15, 2023 by Bayerische Motoren Werke Aktiengesellschaft on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2023
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 12 with following description of goods:
Sports cars
Cars
Motors for land vehicles
Cycles
Tires for vehicle wheels
Water vehicles
Steering wheels for vehicles
Electric vehicles
Cycle cars
Motorcycles
Apparatus for locomotion by land, air or water
Vehicles
Motor vehicles
Land vehicles
Electric motors for land vehicles
Axles for vehicles
Bodies for electric vehicles
Shoe brakes and brake linings for vehicles
Brake calipers, brake systems, bumpers, drive gears, hydraulic cylinders and carrying bearings, all for vehicles
Couplings, differential, drive shafts, motors, exchange gear selector, transmission, transmission shafts, all for land vehicles
Chassis for vehicles
Manual and power steering apparatus, safety restraints, seats, sliding roofs, steering columns, all for vehicles
Hubs for vehicle wheels
Vehicle wheels
Deflectors, direction indicators, doors, hatches, upholstery, handles for doors, horns, mirrors [Rearview Mirror], luggage racks, ski racks, mudguards, snow or antiskid chains, head restraints, seat belts, safety seats for children, mud flaps, roof racks, shock absorbers, springs, stabilizer, starters, steering wheels, steering linkages, suspensions, torsion bars, windows, window winding mechanisms, windshield wipers, all for vehicles
Connecting rods for land vehicles, other than parts of motors and engines
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.
The mark was filed in class 28 with following description of goods: