The trademark M was filed by J.M.-E.V. E HIJOS, S.R.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 25, 2016, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 20, 2016 by Bayerische Motoren Werke Aktiengesellschaft on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by KLAKA and its proceedings were handled in English The second opposition filed on November 29, 2016 by POSLOVNI SISTEM MERCATOR d.o.o. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PATENTNA PISARNA D.O.O. and its proceedings were handled in English
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 31, 2021. Relative errors of the trademark registration was recorded on May 14, 2023.
The Appeal with reference B R0171/2020-1 was No decision on opposition according to Article 71(1) EUTMDR with decision issued on August 22, 2021 by the EUIPO. The Opposition with reference B 002811167 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 25, 2018 by the EUIPO. The Opposition with reference B 002822123 was refused according to Article 8(5) EUTMR with decision issued on November 25, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Cyclists' helmets
Helmets for bicycles
Goggles for industrial safety
Clothing for protection against accidents
Protective clothing for the prevention of injury
Protective suits [against accident or injury]
Protection devices for personal use against accidents
Kilometer recorders for bicycles
Electric batteries for vehicles
Rechargeable batteries
Chargers for electric batteries.
The mark was filed in class 12 with following description of goods:
Shock absorbers, connecting rods, air pumps, horns, chains, gear boxes, inner tubes, tyres, hubs, handlebar grips and grip covers, gears, brakes, rims, cranks, handlebars, mudguards, brake levers, pedals, pinions, chainwheels, solid tyres for vehicle wheels, frames, spokes, wheels, seats, saddles and saddle covers, stands, spoke clips, bells, tubeless tyres, and dress guards, all the aforesaid being for bicycles
Inner tubes (repair outfits for -)
Luggage carriers for vehicles
Anti-theft devices for bicycles
Bags for bicycles
Bags for bicycles
Fittings for bicycles for carrying beverages
Children's bicycle seats
Stands for bicycles [parts of]
Structural parts of bicycles
Stands for bicycles [parts of].
The mark was filed in class 28 with Protective athletic elbow, wrist and knee guards for cycling and Athletic protective arm pads for cycling..
The mark was filed in class 35 with following description of goods:
Business management in the cycling sector
Wholesaling and retailing, and import and export, of bicycles, parts and fittings therefor, clothing, footwear and other articles for cyclists and for practising sports
Procurement, for others, of bicycles, parts and fittings therefor, clothing, footwear and other articles for cyclists and for practising sports
Electronic commerce, namely providing of information relating to bicycles, parts and fittings therefor, clothing, footwear and other articles for cyclists and for practising sports, via telecommunications networks for advertising and sales purposes
Sales promotion relating to bicycles, parts and fittings therefor, clothing, footwear and other articles for cyclists and for practising sports.