The trademark CLARO was filed by Carwash Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 2, 2023, and received one opposition filed on December 28, 2023 by CLARO SOLUCIONES INFORMATICAS, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by WOLKE, PATENTES Y MARCAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 28, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003209266 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on June 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cleaning, polishing, scouring and abrasive preparations
Cleaning preparations and substances, polishing preparations and substances, Polishing agents, Abrasives and Polishing and abrasive substances, for use in relation to the following goods: Cars
Shining and polishing preparations for vehicles
Preparations for cleaning, Polishing preparations, Preparations for protecting, Laundry preparations, Grease-removing preparations, Preservatives, Shining preparations [polish] and Waxing preparations, for land vehicles
Degreasing preparations for the engines of vehicles
Disposable wipes pre-moistened with liquid cleaner for automotive use
Soaps in liquid form
Soap
Car wax
Car shampoos
Rust removing products
Windscreen cleaning liquids
Automobile polishes
Car cleaning preparations
Degreasing preparations for the interior and exterior surfaces of automobiles, tyre cleaners
Furbishing preparations
Tissues impregnated with cleaning and/or moisturising preparations
Disposable wipes pre-moistened with liquid cleaner for automotive use
Abrasive paper and Sanding gloves
Solvents for removing paints and lacquers
All the aforesaid goods exclusively for the maintenance and cleaning of vehicles and not for retail by others.
The mark was filed in class 21 with following description of goods:
Brushes for cleaning cars
Automobile wheel cleaning brushes
Mop buckets
Mopping brushes
Sponges
Brushes
Cleaning articles
Microfiber cloths for cleaning
Valeting cloths
Scrubbing pads and sponges
Cleaning articles, Including, in particular, Cleaning textiles
Floor cleaning articles
Car cleaning articles
All the aforesaid goods exclusively for the maintenance and cleaning of vehicles and not for retail by others.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration of commercial affairs
Arranging and conducting of promotional events and activities, including openings, demonstrations and product presentations
Arranging and conducting publicity and advertising events
Commercial management
Business management in the following fields: Vehicle fuelling stations, Vehicle washing points and Car washing installations
Office functions within the framework of drawing up and concluding franchise agreements
Sales promotion
Dissemination of advertising articles and advertising material
Publicity
Public relations services
Marketing
Market research
Marketing studies
Negotiation and conclusion of commercial transactions for third parties
Office functions
Administrative services for the settlement of car damage claims
Drawing up damage statistics
Office functions, in the following fields: Providing of vehicle and driver documentation, servicing, car inspections and damage reports
Import and export services, Retail and wholesale services in relation to the following goods: Bleaching preparations and other substances for laundry use, Cleaning, polishing, scouring and abrasive preparations, Soaps, soaps in liquid form, Shampoos, disposable cloths, Car waxes, Industrial oils and greases, lubricants, degreasing preparations for the interior and exterior surfaces of automobiles, Cleaning preparations for tyres, Sandpaper, windshield cleaning liquids, Paints, Varnish, Lacquers and coatings
Import and export services, Retail and wholesale services in relation to the following goods: Rust preventives, Automotive paints, Paints for vehicles, complements for automobiles and Accessories for cars, Printed matter, bookbinding materials, Photographs, stationery, Trunks and travelling bags, bags, Pocket wallets and money purses, Umbrellas, parasols and walking sticks, Articles of clothing, Mirrors, Combs and sponges, brushes, Articles for cleaning purposes, Foodstuffs and beverages
Commercial information and advice for consumers in the choice of products and services
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 37 with following description of goods:
Construction services
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Installation, repair and servicing and cleaning of buildings
Cleaning and polishing of motor vehicles
Automobile cleaning and car washing
Hire, in relation to the following goods: Chargers for electric batteries and Car charging piles
Replacement and Servicing, in relation to the following goods: Windows for vehicles
Installation of electric and electronic equipment in automobiles
Car washes
Vehicle wash, namely Car wash services
Providing self-service car washing facilities
Installation services, Repair and Servicing in relation to the following goods: Equipment for car washes
Car wash
Automobile reconditioning services
Automobile polishing
Application of coatings to cars for the protection of lacquer
Cleaning of automobile interiors
Spraying of vehicles with lacquer and paint
Anti-rust treatment services for vehicles
Cleaning of vehicle interiors
Repair of car damage
Installation services, Cleaning, Repair, Servicing, in relation to the following goods: Vehicles, Vehicle parts and Accessories for motor vehicles
Tyre maintenance and repair
Repair, remanufacturing and Servicing in relation to the following goods: Motor vehicles and motors and engines
Assembly, in relation to the following goods: Automotive parts and Engine parts
Repairing damage to cars
Renovation and correction of vehicle lacquer
Installation, assembly and replacement of vehicle parts, vehicle accessories and other products for vehicles
Vehicle service stations (refuelling and maintenance) and filling stations
Car wash services
Car wash services
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.