The trademark e-RACE was filed by E-RACE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 17, 2018, and received one opposition filed on December 17, 2018 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 December 17, 2018
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003071503 was refused according to Article 8(1)(b) CTMR with decision issued on December 11, 2019 by the EUIPO.
The application claimed as seniority of the French Republic trademark 3546660 registered on January 31, 2008 and filed on December 27, 2007 which was refused by the office.
Goods And Services
The mark was filed in class 7 with following description of goods:
Current generators
Electric generators
Electronic ignitions for vehicles
Electric ignition apparatus for internal combustion engines
Carburettors
Control cables for machines, engines or motors
Electronic controls for motors
Ignition devices for motors of land vehicles
Igniting devices for internal combustion engines
Diesel injection devices
Control mechanisms for machines, engines or motors
Electronic servo motor controllers
Power generators for vehicles
Drive units, other than for land vehicles
Petrol injection instruments
Igniting magnetos
Electric propulsion mechanisms for machines
Electric propulsion mechanisms for water vehicles
Alternating current motors for airborne vehicles
Alternating current motors for jet engines
Alternating current motors
Combustion engines for water vessels
Combustion engines for machines
Internal combustion engines for power generation, other than for land vehicles
Combustion engines for aircraft
Internal combustion engines for boats
Internal combustion engines for power generation
Internal combustion motors [other than for land vehicles]
Motors for aeronautical purposes
Engines for the generation of electricity
Boat motors
Engines for aerostats
Aircraft engines
Airplane motors
Motors, other than for land vehicles
Air cushion vehicles (Engines for -)
Diesel engines not for land vehicles
Diesel engines for machines
Diesel engines for air vehicles
Diesel engines for water vehicles
Outboard motors
Outboard engines for boats
Marine engines
Motors, electric, other than for land vehicles
Electric motors, and their parts, not for land vehicles
Electric driving motors for machines
Submersible electric motors [other than for land vehicles]
Geared electric motors, other than for land vehicles
Geared electric motors for aircraft
Motors, electric, other than for land vehicles
Aeronautical engines
Fuel and air mixture regulators being parts of internal combustion engines
Fuel systems for internal combustion engines
Fuel injection systems for engines
Fuel/air ratio controls [parts of engines or motors].
The mark was filed in class 9 with following description of goods:
Measuring, detecting and monitoring instruments, indicators and controllers
Scientific and laboratory devices for treatment using electricity
Apparatus, instruments and cables for electricity
Scientific research and laboratory apparatus, educational apparatus and simulators
Navigation, guidance, tracking, targeting and map making devices.
The mark was filed in class 12 with Vehicles and conveyances.