The trademark YOUR ROAD TO VICTORY was filed by MEDION AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 20, 2023, and received one opposition filed on November 7, 2023 by Egroup S.r.l. on Likelihood of confusion. the opponent was represented by Palmas, Rosalba and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 7, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on August 15, 2023.
The Opposition with reference B 003206651 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 5, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Light dimmers [regulators], electric
Portable projectors
Recorded data files
Media content
Databases
Magnetic recordings
Audio/visual and photographic devices
Data processing equipment and accessories (electrical and mechanical)
Digital signal processing apparatus
Wireless keyboards
Radio apparatus and instruments
Home automation devices
Information technology and audiovisual equipment
Keyboards
Mounting devices for monitors
Communications equipment
Home automation hubs
Speech recognition apparatus
Pickups for telecommunication apparatus
Electrical and electronic components
Electricity mains apparatus
Apparatus and instruments for accumulating and storing electricity
Objectives [lenses] [optics]
Alarms and warning equipment
Smoke detectors
Wearable activity trackers
Apparatus and instruments for geolocation
Computer hardware for the processing of positioning data
Global positioning instruments
Apparatus for measuring, monitoring and analyzing electricity consumption
Electricity indicators
Job performance recorders
Air analysis apparatus
Measuring devices
Sensors, detectors and monitoring instruments
Audiovisual teaching apparatus
360ยบ cameras
3D spectacles
Adapters for wireless network access
Action cameras
All-in-one computers
Radios
Radio alarm clocks
Audio devices and radio receivers
Time measuring instruments (not including clocks and watches)
Headphones
Communications head sets
Wireless headphones
Cases for headphones
In-ear headphones
Headsets
Virtual reality headsets
Headsets for smartphones
Loudspeakers
Loudspeaker systems
Speaker docks
Portable speakers
Soundbars
Subwoofers
Stereophonic apparatus
Remote controls for stereos
Multimedia software
Multimedia projectors
Downloadable multimedia files
Computer software to enhance the audio-visual capabilities of multimedia applications
Information technology and audio-visual, multimedia and photographic devices
Wireless local area network devices
DVD players
Record players
MP3 players
Cases adapted for mobile phones
Pouches for photographic apparatus
Chargers
Wireless chargers
Chargers for smartphones
Batteries
Power banks
Plug adaptors
Connected bracelets [measuring instruments]
Smartphones
Smartwatches
Covers for smartphones
Keyboards for smartphones
Software for smartphones
Flash lamps for smartphones
Downloadable application software for smartphones
Smartphones in the shape of a watch
Smartphones in the form of eyewear
Watchbands that communicate data to smartphones
Downloadable smartphone software for heart rate monitoring
Holders adapted for mobile telephones and smartphones
Remote controls for televisions
Television apparatus
Telephone apparatus
Internet Protocol televisions
3D television receivers
Software for televisions
Display devices, television receivers and film and video devices
Remote control apparatus for opening and closing doors
Wall mountings adapted for television monitors
Computer programmes for data processing
Computer peripheral devices
Monitors
Touchscreen monitors
Mouse pads
Computer mouses
Computer joysticks
Joysticks adapted for smartphones
Webcams
Augmented reality software
Virtual Reality [VR] motion simulators
Projection apparatus
Mini beam projectors
Tablet computers
Stands adapted for tablet computers
Cases for tablet computers
Software for tablet computers
Laptop computers
Sleeves for laptops
Bags adapted for laptops
Computer software
Computers and computer hardware
Memory cards
USB flash drives
Card reading equipment
Portable hard disk drives for computers
Locks, electric
Display screen protectors in the nature of films for mobile phones
Laptop covers
Covers for tablet computers
Cameras [photography]
Cameras for vehicles
Wireless routers
USB wireless routers
Electrical cabling
Digital weather stations
Baby monitors
Climate control digital thermostats
Bells [warning devices]
Scales
Portable digital electronic scales
E-books
Electronic book readers
Protective cases for e-book readers
Music software
Electronic publications, downloadable
Downloadable and recorded content
Computer game software, downloadable
Computer programs, downloadable
Computer software applications, downloadable
Computer programs, recorded
Computer software packages
Software testing software.
The mark was filed in class 35 with following description of goods:
Retail services in relation to smartphones
Retail services in relation to computer software
Retail services in relation to computer hardware
Retail services in relation to smartwatches
Retail services in relation to recorded content
Retail services in relation to downloadable electronic publications
Online retail services for downloadable and pre-recorded music and movies
Retail services in relation to domestic electronic equipment
Retail services in relation to domestic electrical equipment
Preparing audio-visual presentations for use in advertising
Business promotion services provided by audio/visual means
Retail services relating to audiovisual equipment
Retail services in relation to audio-visual equipment
Online advertisements
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Provision of space on web-sites for advertising goods and services
Provision of advertising space
Rental of advertising space
Provision and rental of advertising space, time and media
Intermediary services relating to the rental of advertising time and space
Issuing and updating of advertising texts
Arranging subscriptions of the online publications of others
Arranging of displays for commercial purposes
Sales demonstration [for others]
Presentation of goods on communication media, for retail purposes
Customer loyalty services for commercial, promotional and/or advertising purposes
Dissemination of advertising matter online
Distribution of advertisements and commercial announcements
Dissemination of advertising for others via the Internet.
The mark was filed in class 42 with following description of goods:
Hosting services, software as a service, and rental of software
Computer system design
Computer analysis
Design of computer hardware
Provision of security services for computer networks, computer access and computerised transactions
Rental of computer hardware and computer peripherals
Consultancy in the field of computers
Maintenance of computer software
Testing of computer hardware
Hosting of databases
Computer software development for others
Consultancy relating to software maintenance
Information services relating to computers
Design of computers for others
Software design for others
Troubleshooting of computer hardware and software problems
Advisory and consultancy services relating to the design and development of computer hardware
Providing virtual computer systems through cloud computing
Installation, maintenance, updating and upgrading of computer software