The trademark ELEVIA was filed by Mitsubishi Logisnext Europe B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 21, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on September 8, 2020 by ARTISORRA, S.L. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and its proceedings were handled in English The second opposition filed on September 6, 2020 by FARAONE INDUSTRIE S.p.A. on Likelihood of confusion. the opponent was represented by Dolci, Benedetta and its proceedings were handled in English
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 003130331 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 7, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Freight carrying vehicles
Tractors
Industrial vehicles
Unmanned conveying vehicles
Platform trucks
Land vehicles and conveyances
Forklift trucks
Wheelbarrows
Mobility conveyances
Rail vehicles
Air and space vehicles
Water vehicles
Bodies and underbodies, parts, fittings, attachments and accessories for vehicles, conveyances, forklift trucks, trucks, tractors, industrial vehicles, unmanned conveying vehicles, trailers and platform trucks
Cargo trailers
Safety alarms for vehicles.
The mark was filed in class 37 with following description of goods:
Maintenance and installation related to forklift trucks, trucks, tractors, industrial vehicles, unmanned conveying vehicles, trailers and parts thereof
Installation of data processing equipment and computers
Vehicle breakdown repair services
Vehicle service stations [refuelling and maintenance]
Engine tuning and overhaul
Garage services for the maintenance and repair of motor vehicles
Vehicle detailing
Information and consultancy relating to the aforesaid services
None of the aforementioned services in relation to electric ladders, mobile aerial work platforms for humans and equipment for the elevation and/or loading of humans.