The trademark application was filed by Bayerische Motoren Werke Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 11, 2024, and it was registered by office on September 18, 2024 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018900065 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable multimedia files containing graphics, text, sound and video, displaying vehicles, toy vehicles, vehicle parts, vehicle fittings, clothing, footwear, headwear, and curiosities, all the aforesaid goods including multimedia files authenticated by non-fungible tokens (NFTs)
Recorded content
Data storage devices
USB flash drives
USB cables
USB charging ports
Power bank chargers
Databases (electronic)
Data processing apparatus
Information technology and audio-visual, multimedia and photographic devices
Communications apparatus
Magnets, magnetizers and demagnetizers
Scientific and laboratory devices for treatment using electricity
Apparatus, instruments and cables for electricity
Electrical and electronic components
Optical equipment and apparatus
Amplifiers and emphasisers
Optical apparatus and instruments
Spectacles
Sunglasses
Safety goggles
Spectacle cases
Universal cases for mobile telephones
Protective sleeves for mobile telephones
Protective cases for tablets
Bags adapted for laptops
Computer peripheral devices
Safety, security, protection and signalling devices
Reflective safety vests
Diving equipment
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Scientific research and laboratory apparatus, educational apparatus and simulators
Downloadable multimedia files containing graphics, text, sound and video, displaying vehicles, toy vehicles, vehicle parts, vehicle fittings, clothing, footwear, headwear, and curiosities, all the aforesaid goods including multimedia files authenticated by non-fungible tokens (NFTs)
Downloadable virtual goods, namely, vehicles, Toy vehicles, Vehicle parts, vehicle accessories, And clothing, Footwear, headgear, and Novelties, All the aforesaid goods for use in online environments, online virtual environments and extended reality virtual environments
Downloadable computer games
Simulators for simulating the operation of land vehicles
Virtual reality headsets
Virtual reality glasses
Virtual reality hardware
Computer mouses
Trackpads
Computer joysticks
Parts of protective clothing for motorcyclists
Helmets for motorcyclists
Protective helmets for cyclists
Protective helmets for children
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 12 with following description of goods:
Vehicles
Motorcycles
Bicycles
Apparatus for locomotion by land
Kinematic chains for land vehicles
Engines for land vehicles
Parts and fittings for vehicles.
The mark was filed in class 25 with following description of goods:
Headgear
Clothing
Footwear
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Fairground and playground apparatus
Novelty toys for playing jokes
Video game apparatus
Model vehicles
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, Online providing, in relation to the following goods: Non-downloadable virtual goods, namely, Vehicles, Toy vehicles, Vehicle parts, Vehicle accessories, Clothing, footwear, headgear, party favor s, The aforesaid goods for use in virtual environments created for entertainment purposes
Virtual reality and interactive game services provided online from a global computer network and through various wireless networks and electronic devices
Entertainment services provided via non-downloadable online games software
Entertainment services using virtual environments enabling users to interact for recreational, leisure or entertainment purposes
Entertainment services provided by on-line streams, Entertainment events provided via online streams
Organising events, Production of events, Presentation of events, for cultural purposes, For sporting purposes, For entertainment purposes
Organisation and conducting of computer gaming competitions.