The trademark RACE finish was filed by MONTANA ITALIA S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 17, 2023, and received one opposition filed on January 4, 2024 by REAL AUTOMOVIL CLUB DE ESPAÑA on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 4, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Grinding machines
Machines, for use in the following fields: Treatment of skis and snowboards
Machines for the treatment of overlays for skis and snowboards
Machines for fusing ski and snowboard bases
Machines for the application of structures in overlays for skis and snowboards
Machines for the treatment of edges for skis and snowboards
Machines for waxing and polishing ski and snowboard bases, And parts for all the aforesaid goods.
The mark was filed in class 8 with following description of goods:
Apparatus for the treatment of skis and snowboards
Apparatus for the treatment of overlays for skis and snowboards
Apparatus for fusing ski and snowboard bases
Apparatus for the application of structures in overlays for skis and snowboards
Apparatus for the treatment of edges for skis and snowboards
Apparatus for waxing and polishing ski and snowboard bases.
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Coin-operated mechanisms
Cash registers, calculating machines
Computers and computer peripherals
Diving suits, divers' masks, ear-plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
Fire extinguishers
Pre-recorded videos
All the aforementioned goods exclusively in connection with the preparation and finishing of skis and snowboards.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs [printed]
Stationery and office requisites (except furniture)
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paint brushes
Teaching materials [except apparatus]
Plastic sheets, films and bags for wrapping and packaging
Printers' type and printing blocks
All the aforementioned goods exclusively in connection with the preparation and finishing of skis and snowboards.
The mark was filed in class 35 with following description of goods:
Advertising, Namely of Advertising on social media channels
Business management
Business administration
Office functions
Retail and wholesale services in relation to: Machines for abrasive grinding, Ski and snowboard treatment machines, machines for treating ski and snowboard bases, machines for fusing ski and snowboard bases
Retail and wholesale services in relation to: Machines for the application of structures in ski and snowboard bases, machines for treating ski and snowboard edges, machines for waxing and polishing ski and snowboard bases, Including parts of the aforesaid goods
Retail and wholesale services in relation to: Apparatus for the treatment of skis and snowboards, apparatus for the treatment of ski and snowboard bases, apparatus for fusing ski and snowboard bases, apparatus for the application of structures in ski and snowboard bases
Retail and wholesale services in relation to: Apparatus for treating ski and snowboard edges, apparatus for waxing and polishing ski and snowboard bases, Paper and cardboard, Printed matter, Bookbinding materials, Photographs, Stationery and office requisites, except furniture
Retail and wholesale services in relation to: Adhesives for stationery or household purposes, Artists' and drawing materials, Paint brushes, Instructional and teaching materials, Plastic sheets, films and bags for wrapping and packaging, Printers' type, Printing blocks, Clothing, Footwear, Headgear
Retailing and wholesaling, in relation to the following goods: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Retail and wholesale services in relation to: apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Retail and wholesale services in relation to: Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded and downloadable media, computer software
Retail and wholesale services in relation to: Blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, Cash registers, Calculating devices, Computers and computer peripherals
Retail and wholesale services in relation to: Diving suits, Divers' masks, Ear plugs for divers, Nose clips for divers and swimmers, Gloves for divers, breathing apparatus for underwater swimming, Fire extinguishers, Pre-recorded video
All the aforementioned services exclusively in connection with the preparation and finishing of skis and snowboards.
The mark was filed in class 37 with following description of goods:
Installation, Maintenance and preservation and Repair in relation to the following goods: Grinding machines, Ski and snowboard treatment machines, machines for the treatment of ski and snowboard bases, machines for fusing ski and snowboard bases, machines for the application of structures in ski and snowboard bases
Installation, Care, Maintenance and Repair, in relation to the following goods: Machines for the treatment of ski and snowboard edges, machines for waxing and polishing ski and snowboard bases, apparatus for the treatment of skis and snowboards
Installation, Maintenance and preservation and Repair in relation to the following goods: Apparatus for the treatment for ski and snowboard bases, apparatus for fusing ski and snowboard bases, apparatus for the application of structures in ski and snowboard bases, apparatus for the treatment of ski and snowboard edges, apparatus for waxing and polishing ski and snowboard bases
Repairs, in relation to the following goods: Skis and Snowboards
All the aforementioned services exclusively in connection with the preparation and finishing of skis and snowboards.