The trademark COYOTE RACE was filed by COYOTE SYSTEM, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 17, 2020, and received one opposition filed on June 11, 2020 by REAL AUTOMOVIL CLUB DE ESPAÑA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. 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 June 11, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on April 6, 2022.
The Opposition with reference B 003123945 was refused according to Article 8(1)(b) EUTMR with decision issued on December 20, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Data processing and transmission apparatus enabling the number of users of the same apparatus and the distances between them to be displayed
Apparatus for displaying, storing, transmitting and archiving information relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas
Apparatus for displaying, storing, transmitting and archiving information relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offences, driving time, radars, motor vehicle fleet management, fuel management and vehicle rental
Radar warning devices
Driving aids
Warning devices, in particular relating to hazardous driving areas
Driving assistants, including satellite navigation systems and/or GPSs for navigation and geolocation purposes
Global positioning instruments
Satellite navigational apparatus
Remote control apparatus
Vehicles (Navigation apparatus for -) [on-board computers]
Global positioning devices
Video cameras, electronic cameras, digital cameras, infra-red cameras, data-recording cameras
Vehicle data-recording apparatus designed to recover certain essential data, in particular in the event of an accident
On-board electronic systems in vehicles for informing the driver to remain vigilant and/or of his/her fatigue levels
On-board electronic systems in vehicles for preventing the driver from falling asleep
Detectors
Computer software
Computer software for transmitting information relating to vehicle travelling speeds, distances between vehicles, speed limits, road traffic and hazardous driving areas
Computer software for transmitting information relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offences, driving time, radars, motor vehicle fleet management, fuel management and vehicle rental
Computer software for detection and tracking of vehicles
Vehicle fleet management software
Downloadable electronic maps
On-board electronic devices in vehicles for positioning, guidance and navigation, and global positioning systems (GPSs)
GPS and/or satellite transmitters and receivers
Speed indicators
Signalling apparatus
Speed controls
Speed regulators
Terminals for storing, sending and/or receiving data
Instruments for detecting traffic
Instruments for monitoring traffic
Apparatus for recording, transmission or reproduction of sound or images
Telematic apparatus and instruments
Electrical and electronic measuring, surveillance and monitoring apparatus
Vehicle radios
Systems incorporating vehicle logistics software
Optical data media
Magnetic data media
Smart cards [integrated circuit cards]
Printed circuit boards
Sensors, transponders, detectors and transmitters of electronic signals
Electronic mail servers
Electronic mail and messaging software
Electronic mail terminals.
The mark was filed in class 35 with following description of goods:
Advertising
Direct mail advertising
Rental of advertising space, updating of advertising material
Dissemination of advertising matter
Planning services for advertising
Business management
Business administration
Commercial intermediation
Office functions
Business management and organization consultancy
Accounting
Document reproduction
Updating of databases, compilation and systemisation of information in computer databases (compilation of information)
Computerised file management
Administrative management of a platform for hosting and exchange of data, images, sounds, audio and/or video recordings, videos
Administrative management of an Internet database
Computerized file management
Data searches in computerised files for others
Arranging of subscriptions to telecommunication of data for others, in particular for vehicle users
Subscription to a computer database or multimedia server
Database subscription services
Retailing and sale via mail order, in particular sale via the internet and online sale, of data processing and transmission apparatus, radar warning devices, speed indicators, driving assistants, warning devices in particular relating to hazardous driving areas, and vehicle data-recording apparatus
Retailing and sale via mail order, in particular sale via the internet and online sale, of on-board electronic systems in vehicles for informing the driver of vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits or road traffic
Retailing and sale via mail order, in particular sale via the internet and online sale, of on-board electronic systems in vehicles for informing the driver of hazardous driving areas, geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses, driving time and radars
Retailing and sale via mail order, in particular sale via the internet and online sale, of on-board electronic systems in vehicles for informing the driver of motor vehicle fleet management, fuel management and vehicle rental
Retailing and sale via mail order, in particular sale via the internet and online sale, of computer software, computer software for detecting and tracking vehicles, computer software for managing vehicle fleets, and computer software relating to vehicle positioning, the monitoring of vehicles and drivers, and vehicle mileage and consumption
Public relations services
Organisation of competitions (advertising)
On-line advertising on a computer network.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunications by e-mail
Information about telecommunication
Communication via computer terminals of information and data
Transmission of data contained in data banks
Transmission of electronic mail
Secure e-mail services
Email and electronic messaging services
Dissemination of information by electronic means, dissemination of information via radio and/or via satellite and/or via electronic mail
Providing email notification alerts via the internet
Transmission of information by telematic means, transmission and receiving of information via satellite
Transmission, remote transfer and downloading of information and data relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas
Transmission, remote transfer and downloading of information and data relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses and driving time
Transmission, remote transfer and downloading of information and data relating to radars, motor vehicle fleet management, fuel management and vehicle rental
Providing of databases, namely providing of access thereto, all the aforesaid data in particular concerning information relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas
Providing of databases, namely providing of access thereto, all the aforesaid data in particular concerning information relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses, driving time, radars, motor vehicle fleet management, fuel management and vehicle rental
Rental of telecommunication equipment
Rental of access time to global computer networks
Communication enabling online interactions in real time between users and internet content providers
Computer aided transmission of messages and images, and leasing and sub-leasing of bandwidth and uplink services.
The mark was filed in class 39 with following description of goods:
Vehicle navigation and geolocation
Physical storage of electronically-stored data or documents
Compilation and dissemination of information relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas
Compilation and dissemination of information relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses and driving time
Compilation and dissemination of information relating to radars, motor vehicle fleet management, fuel management and vehicle rental
Tracking of passenger vehicles by computer or via GPS
Transportation logistics
Providing information relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas, via a global computer network
Providing information relating to geographical location, vehicle positioning, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses and driving time via a global computer network
Providing information relating to radars, motor vehicle fleet management, fuel management and vehicle rental via a global computer network
Traffic information
Information services relating to traffic
Information services relating to traffic speed
Providing road and traffic information
Management of vehicular traffic flow through advanced communications network and technology.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Arranging and conducting of trade fairs, colloquiums, conferences, congresses, seminars, symposiums, work placements, workshops, training for cultural or educational purposes
Organization of cultural and educational events
Organization of exhibitions for cultural or educational purposes
Organisation of competitions relating to education or entertainment, in particular as part of trade fairs, colloquiums, conferences, congresses, exhibitions and shows
Arranging of sports competitions or not
Planning and organisation of receptions (entertainment)
Information relating to entertainment or education, information relating to the organisation of exhibitions, events, trade fairs, colloquiums, conferences, congresses, seminars, symposiums, work placements, workshops, training for cultural or educational purposes
Sporting and cultural activities
Leisure services
Videotape editing
Film production, video production
Production of shows
Game services provided on-line from a computer network
Publication of texts, illustrations, magazines, newspapers, periodicals and publications in general except publicity texts, including electronic and digital publications being electronic and digital directories
Organising of esports activities
Organising of esports competitions
Organisation of esports events
Entertainment services relating to esports
Providing esports facilities
Arranging of live electronic sports events [eSport]. Arranging of car racing competitions and tournaments
Training for automobile competitions.
The mark was filed in class 42 with following description of goods:
Engineering assessments, appraisals and research in the scientific and technological fields
Computer system design
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Research and development for others
Consultancy relating to the design and development of computer systems
Information technology [IT] consultancy
Computer programming
Software as a service [SaaS]
Cloud computing
Development (design), installation, updating and maintenance of computer software for transmitting information relating to vehicle travelling speeds, distances between vehicles, the number of vehicles fitted with the same radar warning device/detector, warning device relating to hazardous driving areas and/or the same driving assistant, or relating to speed limits, road traffic or hazardous driving areas
Development (design), installation, updating and maintenance of computer software for transmitting information relating to geographical location, vehicle positioning, vehicle tracking, vehicle mileage and consumption, appraisal of driver behaviour and driving, road traffic offenses, driving time, radars, motor vehicle fleet management, fuel management and vehicle rental
Hosting a data platform which can be consulted online, Server hosting