EUTM file information

018230786

MFlight

April 26, 2020

Trademark Summary

The trademark MFlight was filed by Darryl Johnson, a national of the Federal Republic of Germany (the "Applicant") and Gamaliel Toledo Diaz, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 23, 2020, and received two oppositions.

Opposition Proceedings

There are two Oppositions claimed against trademark.

The first opposition filed on November 5, 2020 by GRAF VONS SPENS BARON VON EINEM, MICHAEL WOLFGANG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Renz, Anne-Kathrin and its proceedings were handled in German The second opposition filed on November 5, 2020 by MFLIGHT CLUB E.V on Art. 8(4). the opponent was represented by Renz, Anne-Kathrin and its proceedings were handled in German

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003134386 was Reject opposition: opposition not admissible according to Article 5(2) EUTMDR with decision issued on June 12, 2022 by the EUIPO. The Opposition with reference B 003134424 was rejected according to Article 8(4) EUTMR with decision issued on March 20, 2022 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Downloadable software
    2. Downloadable software in the nature of a mobile application [mobile apps]
    3. Downloadable software in the form of a mobile application for data exchange in the field of motorsports and fan articles for motorsports
    4. Instant messaging software
    5. Cloud-based software for data exchange in the field of motorsports and fan articles for motorsports
    6. Downloadable computer software for the transmission, reception and processing of electronic messages, images, graphics, sound, video and text by means of data transmission, in particular via the Internet
    7. Computer software for the creation, editing, uploading, downloading, accesses, posting, blogging, streaming, linking and sharing electronic media via computer and communication networks
    8. Downloadable computer software for arranging and conducting e-commerce
    9. Electronic publications, downloadable
    10. Optical or electronic membership cards
    11. Games software.
  • The mark was filed in class 14 with following description of goods:
    1. Key rings [split rings with trinket or decorative fob]
    2. Clocks
    3. Ornaments [jewellery, jewelry (Am.)].
  • The mark was filed in class 16 with following description of goods:
    1. Printed matter
    2. Photographs [printed]
    3. Fan postcards
    4. Office requisites, except furniture
    5. Packaging materials
    6. Magazines, in particular about motorsports
    7. Books, in particular about motorsports
    8. Coffee-table books.
  • The mark was filed in class 24 with following description of goods:
    1. Bunting of textile or plastic [fan articles]
    2. Textiles and textile goods
    3. Bed clothes and blankets, In particular being fan articles
    4. Tablecloths, in particular being fan articles.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing, footwear
    2. Headgear
    3. Waist belts
    4. Neck bands
    5. Scarves
    6. Baseball caps
    7. Caps with visors
    8. Gloves [clothing].
  • The mark was filed in class 26 with Novelty buttons [badges] for wear and Ornamental novelty badges..
  • The mark was filed in class 28 with following description of goods:
    1. Toy cars
    2. Scale model vehicles
    3. Games
    4. Sporting articles.
  • The mark was filed in class 35 with following description of goods:
    1. Publication of publicity materials on-line
    2. Dissemination of advertising matter online
    3. Online mail order in the field of motorsports articles and fan articles, namely rims, seat covers, Foot mats, Steering wheels, Undercarriages for vehicles, Exhaust systems, Deflectors, key tags, Lanyards, Stickers, life­ belts, Foils for vehicle parts of all kinds, protective covers for vehicles, stationery [ballpoint pens and paper], Rucksacks and Bags, Cups and Crockery, hand towels, Clothing and headgear, Shoes, Flags and banners of all kinds, Umbrellas,, tents, Trailers, Stickers, Spectacles, Jewellery, Clocks, Seat cushions, Bedlinen, Botlle openers
    4. Wholesaling and retailing relating to motorsports articles and fan articles, Also provided via the Internet, Namely rims, seat covers, Foot mats, Steering wheels, Undercarriages for vehicles, Exhaust systems, Deflectors, key tags, Lanyards, Stickers, life­ belts, Foils for vehicle parts of all kinds, protective covers for vehicles, stationery [ballpoint pens and paper], Rucksacks and Bags, Cups and Crockery, hand towels, Clothing, Headgear, Shoes, Flags and banners of all kinds, Umbrellas,, tents, Trailers, Stickers, Spectacles, Jewellery, Clocks, Seat cushions, Bedlinen, Botlle openers
    5. Dissemination of advertising, including for others, via an online communications network
    6. Arranging commercial transactions, for others, via online shops.
  • The mark was filed in class 38 with following description of goods:
    1. Providing user access to platforms on the Internet
    2. Providing access to e-commerce platforms on the Internet
    3. Telecommunication services provided via platforms and portals on the Internet and other media
    4. Providing internet chatrooms
    5. Providing online forums
    6. On-line transmission of electronic publications.
  • The mark was filed in class 39 with following description of goods:
    1. Arranging and conducting of sightseeing tours
    2. Arranging of visits to exhibitions
    3. Arranging and conducting of tours and sightseeing.
  • The mark was filed in class 41 with following description of goods:
    1. Fan clubs
    2. Arranging and conducting sporting events and competitions
    3. Arranging and conducting of events, exhibitions and trade fairs in the field of motorsports
    4. Arranging and conducting of driver training
    5. Arranging and conducting of automobile races and rallies
    6. Organisation of motorsports clubs
    7. Arranging of courses and training, in particular in the field of motorsports
    8. Publication of calendars of events
    9. Arranging and conducting of vehicle shows
    10. Production of live performances in the field of motorsports
    11. Arranging and conducting of live performances in the field of motorsports
    12. Production of motorsports events for television
    13. Organisation and arranging of celebrations, parties and banquets
    14. Online entertainment, in particular in the field of motorsports
    15. Online sports betting services
    16. Online interactive entertainment
    17. Providing of online publications, in particular in the field of motorsports
    18. Electronic online publication of periodicals and books
    19. On-line gaming services
    20. Providing online videos
    21. Provision of images, on-line
    22. Dissemination of online publications and newsletters in the field of motorsports.
Trademarkers