The trademark WAY TO ZERO was filed by Volkswagen Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 5, 2020, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on February 7, 2021 by Winter Holding GmbH & Co KG on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and its proceedings were handled in German The second opposition filed on February 4, 2021 by Xero Limited on Likelihood of confusion. the opponent was represented by STORK BAMBERGER PATENTANWÄLTE PARTMBB and its proceedings were handled in English The third opposition filed on January 28, 2021 by Zero Motorcycles, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GRÜNECKER and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Vehicles for locomotion by land, air, water or rail, and parts therefor
Motorized land vehicles
Driverless cars [autonomous cars]
Motors and drives for land vehicles
Propulsion mechanisms for land vehicles
Chassis for vehicles
Vehicle superstructures for vehicles
Couplings for land vehicles
Vehicle shock absorbers
Shock absorbing springs for vehicles
Vehicle seats
Rearview mirrors
Head-rests for vehicle seats
Anti-theft alarms for vehicles, anti-theft devices for vehicles
Cigar lighters for automobiles
Automotive vehicles
Cars
Robotic cars
Motor racing cars
Lorries
Trailers and semi-trailers for vehicles
Trailer hitches for vehicles
Omnibuses
Motorcycles
Mopeds
Bicycles
Electric bicycles
Camera drones
Helicams
Cable transport apparatus and installations
Carts, shopping trolleys, baggage trolleys
Aircraft
Boats, ships
Locomotives
Motor buses
Caravans
Tractors
Two-wheeled vehicles, scooters (vehicles)
Self-balancing boards
Self-balancing boards
Self-balancing electric unicycles
Self-balancing one-wheeled electric scooters
Chair lifts, cable cars
Wheelchairs
Clips adapted for fastening automobile parts to automobile bodies
Cup holders for vehicles.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Printed matter
Works of art and figurines of paper and cardboard, and architects' models
Decoration and art materials and media
Filtering materials of paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Bookbinding material
Photographs [printed]
Stationery
Gums [adhesives] for stationery or household purposes
Artists' materials
Brushes for the application of paints
Typewriters, writing implements and office requisites, except furniture
Instructional and teaching material (expect apparatus)
Plastic materials for packaging , printers' type
Printing blocks
Atlases
Calendars
Geographical maps
Printed publications
Printed advertising matter and printed publicity
Document holders [stationery]
Pencils (stationery)
Ball point pens and pencils
Banners and flags of paper
Table napkins of paper
Copying paper [stationery]
Hygienic papers
Packing paper
Ink
Stamps [seals]
Drawing instruments
Drawing materials
Modelling materials
Banners of paper
Parts and accessories for all the aforesaid goods, included in this class
All of the aforementioned goods solely in connection with environment, in particular reduction of emissions.
The mark was filed in class 25 with following description of goods:
Parts and accessories for all the aforesaid goods, included in this class
All the aforesaid goods solely in connection with merchandising and sales promotion and being used for work and trade fair clothing.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling in relation to motor vehicles, parts and fittings for motor vehicles, motors and drives for land vehicles, undercarriages for land vehicles, vehicle superstructures
Retailing and wholesaling for mail order in relation to motor vehicles, parts and fittings for motor vehicles, motors and drives for land vehicles, undercarriages, vehicle superstructures
Retailing and wholesaling via the internet relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures for vehicles
Retailing and wholesaling by means of teleshopping channels relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures for vehicle wheels
The bringing together, for the benefit of others, of a variety of motor vehicles, parts and fittings for motor vehicles, motors and drives for land vehicles, undercarriages for vehicles, vehicle superstructures (excluding the transport thereof), enabling customers to conveniently view and purchase those goods in a retail sales outlet
Negotiation of contracts, for others, for the purchase and sale of motor vehicles, parts and fittings for motor vehicles, motors and drives for motor vehicles, undercarriages for vehicles or vehicle superstructures
Transportation fleet (business management of -) [for others]
Commercial information and advice for consumers [consumer advice shop]
Administrative processing of purchase orders
Arranging of contracts for others for the buying and selling of goods
Business management and organization consultancy
Commercial or industrial management assistance
Advertising
Marketing
Business management
Business administration
Clerical services
Personnel management consultancy
Radio advertising
Organisation of exhibitions for commercial or advertising purposes
News clipping services
Presentation of goods on communication media, for retail purposes
Public relations services
Compiling indexes of information for commercial or advertising purposes
Auctioneering services
Sales promotion for others
Promotion of goods and services through sponsorship of sports events
Personnel recruitment
Relocation services for businesses
Book-keeping
Sponsorship search
Advertising services to promote public awareness of environmental issues and initiatives
Advertising services to promote public awareness of environmental matters
All of the aforementioned services solely in connection with environment, in particular reduction of emissions.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage and warehousing of goods
Arranging of transportation for travel tours
Travel and passenger transportation
Towing
Taxi transport
Car transport
Transportation logistics
Rental of vehicles, in particular cars
Passenger transport, in particular by bus
Car sharing services
Arranging of passenger transportation services for others via an online application
Freight brokerage [forwarding (Am.)]
Delivery of goods and parcels
Storage of electricity
Electricity distribution
Traffic information
Controlling of fleet vehicles using navigational and positioning apparatus.
The mark was filed in class 41 with following description of goods:
Publishing and reporting
Education, entertainment and sports
Translation and interpretation
Training
Sporting and cultural activities
Arranging and conducting of cultural and/or sports events
Talent promotion through training and further training
Presentation of live performances
Playing games on computer networks and on the Internet
Academies [education]
Education information
Organization of competitions [education or entertainment]
Organisation, arranging and conducting of colloquiums, conferences, congresses, symposiums, seminars and workshops [training]
Organization of exhibitions for cultural or educational purposes
Coaching [training]
Vocational retraining
Organization of sports competitions
Lending library services
Publication of books
Online publication of electronic books and journals
Club services [entertainment or education]
Animal training
Organization of lotteries
Adult education relating to environmental issues
Education services relating to conservation
Education services relating to conservation
Education and training relating to nature conservation and the environment
Consultancy and information in relation to the aforesaid services, included in this class
All of the aforementioned services solely in connection with environment, in particular reduction of emissions.
The mark was filed in class 42 with following description of goods:
Science and technology services
Testing, authentication and quality control
Design services
Industrial analysis and research services
Styling [industrial design]
Research and development for others with regard to new products
Provision of scientific information, advice and consultancy in relation to carbon offsetting
Technical research
Surveying
Chemical research
Biological research
Weather forecasting
Research physics
Architecture
Fashion design
Authenticating works of art
Cloud seeding
Environmental monitoring services
Provision of information, advice and consultancy in relation to carbon offsetting
Advisory services relating to pollution control
Research in the field of environmental protection
Environmental consultancy services
Environmental assessment services
Consultancy services relating to environmental planning
Environmental testing of exhaust emissions
Environmental testing with regard to noise pollution
Environmental testing
Environmental surveys
Environmental testing and inspection services
Environmental hazard assessment
Creation of information relating to environmental protection
Environmental monitoring of waste storage areas
Airborne remote monitoring relating to environmental explorations
Measuring the environment within buildings
Research in the field of environmental conservation
Environmental testing relating to vibrations
Airborne remote sensing relating to environmental explorations
Consultation in environment protection
Research in the field of environmental protection
Technical consulting in the field of environmental engineering
Consultation in environment protection
Research in the field of environmental protection
Advisory services relating to environmental pollution
Engineering services in the field of environmental technology
Compilation of information relating to environmental conditions
Advisory services relating to the safety of the environment
Collection of information relating to the environment
Consultancy services relating to research in the field of environmental protection
Providing technological information about environmentally-conscious and green innovations
Environmental testing services to detect contaminants in water
Consultancy and information in relation to the aforesaid services, included in this class
All of the aforementioned services solely in connection with environment, in particular reduction of emissions.