The trademark ROCES was filed by ROCES S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 11, 2021, and received one opposition filed on January 27, 2021 by Roces Mediación Sociedad de Agencia de Seguros Vinculada, S.L on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GESTORES DE PATENTES Y MARCAS, GESPAMAR, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 27, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Protective helmets for sports
Protective helmets for skating and skiing
Hockey helmets
Ice hockey helmets
Skateboard helmets
Helmets for bicycles
Headgear being protective helmets
Snowboard helmets
Helmets for use in sports
Helmets for bicycles
Ski helmets
Protective helmets for children
Protective helmets for sports
Headwear for sporting activities for protection against injury
Protective visors
Visors for helmets
Articles of protective clothing for wear by skaters, skiers, snowboarders, cyclists and ice skaters for protection against accidents or injuries
Protective shorts for wear by skaters, skiers, snowboarders, cyclists and ice skaters for protection against accidents or injuries
Elbow protectors (protective -) for use against accidents [other than sports articles]
Face guards for protection against accident or injury
Mouth guards for sports
Head guards for sports
Articles of protective clothing for wear by cyclists for protection against accidents or injuries
Clothing, footwear and headgear for protection against accidents, irradiation and fire
Jackets for protection against accidents, radiation and fire
Trousers for protection against accidents, irradiation and fire
Coveralls for protection against accidents, irradiation and fire
Balaclavas for protection against accidents, irradiation and fire
Clothing for protection against accidents, irradiation and fire
Clothing for protection against fire
Face-shields for protection against accidents, irradiation and fire
Shoes for protection against accidents, irradiation and fire
Boots for protection against accidents, irradiation and fire
Protective footwear for the prevention of accident or injury
Shoes for protection against accidents, irradiation and fire
Safety, security, protection and signalling devices
Protection devices for personal use against accidents
Gloves for protection against accidents
Snow goggles
Goggles for sports
Sunglasses
Goggles for sports
Downloadable image files
Downloadable video files
Electronic publications, downloadable
Sport bags adapted [shaped] to contain protective helmets
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, processing or reproducing sound, data or images
Recorded and downloadable media, computer software, Blank digital or analogue media for recording and storage
Coin-operated mechanisms
Cash registers, calculating machines
Computers and computer peripheral devices
Diving suits, Scuba diving goggles, Ear plugs for divers, Nose clips for divers and swimmers, Diving gloves, Breathing apparatus for underwater swimming
Fire extinguishing apparatus.
The mark was filed in class 12 with following description of goods:
Scooters [vehicles], parts and accessories thereof included in class 12
Non-motorised scooters [vehicles], parts and accessories thereof included in class 12
Mobility scooters
Electric one wheel scooters
Push scooters [vehicles], parts and accessories thereof included in class 12
Non-motorised push scooters [vehicles], parts and accessories thereof included in class 12
Two-wheeled conveyances for transporting people
Mountain bikes, parts and accessories thereof included in class 12
Electric mountain bikes, parts and accessories thereof included in class 12
Electric bicycles, parts and accessories thereof included in class 12
Bicycles, and parts and fittings for bicycles included in Class 12
Racing bicycles
Motorised bicycles
Racing bicycles
Mountain bikes
Bicycles for bicycle touring
Motorised bicycles
Children's bicycles
Folding bikes
Sports bicycles
Structural parts for bicycles
Engines for bicycles
Bicycle tyres
Bicycle tyres
Tubeless tyres for bicycles
Inner tubes for bicycle tyres
Tubeless tyres for bicycles
Bicycle bells
Bicycle bar ends
Bicycle chains
Deflectors for bicycle chains
Bicycle wheels
Rims for bicycle wheels
Spokes for bicycle wheels
Hubs for bicycle wheels
Bicycle brakes
Bicycle handlebars
Handle bar stems [bicycle parts]
Bicycle handlebar grips
Pumps for bicycle tyres
Bicycle saddles
Saddle covers for bicycles or motorcycles
Saddle posts for bicycles
Bicycle frames
Bicycle pedals
Bicycle mudguards
Direction indicators for bicycles
Bicycle kickstands
Dress guards for bicycles
Baskets adapted for bicycles
Anti-theft devices for cycles
Bicycle cranks
Front derailleurs for bicycles
Back derailleurs for bicycles
Pinions for cycles
Pulleys for bicycle belts
Gears for bicycles
Headsets for bicycles [bicycle parts]
Chain guides for cycles
Foot rests for bicycles
Suspension systems for bicycles
Fitted bicycle covers
Children’s seats for bicycles
Saddlebags adapted for bicycles
Luggage carriers for cycles
Panniers adapted for bicycles
Trailers for transporting bicycles
Bottle cages for bicycles
Tandem bicycles
Tricycles, parts and accessories thereof included in class 12
Bicycles, parts and fittings therefor, included in class 12
Handlebars for scooters
Kick sledges
Snow sledges for transportation
Small wagons for transporting children
Vehicles
Apparatus for locomotion by land, air or water.
The mark was filed in class 18 with following description of goods:
Bags
Bags for sports
Multipurpose sports bags
Sports bags
Rucksacks
Daypacks
Sports packs
Handbags
Roller holdalls
Suitcases with wheels
Pocket wallets
Bumbags
Schoolbags
School bags
School knapsacks
Trolley-style schoolbags
Parasols
Leather and imitation leather
Animal skins, hides
Luggage and carrying bags
Umbrellas and parasols
Walking staffs
Whips, harness and saddlery
Collars, leads and clothing for animals.
The mark was filed in class 25 with following description of goods:
Shoes
Training shoes
Skate shoes
Ski shoes
Ski boots
Cross-country ski boots
Shoes for cross-country skis
Snow boots
Snow boots
Apres-ski shoes
Footwear for waterskiing
Surf shoes
Shoes and extendible boots
Golf footwear
Snowboard shoes
Hockey shoes
Shoes for field hockey
Cyclists' shoes
Gymnastic shoes
Training shoes
Training shoes
Leisure shoes
Shoe inserts for non-orthopedic purposes
Extendible arch supports, not for orthopaedic purposes for roller skates and ice skates
Extendible arch supports, not for orthopaedic purposes for ski and sports shoes
Leisurewear
Sportswear
Skating outfits
Figure skating clothing
Golf clothing, other than gloves
Clothing for skiing
Cyclists' clothing
Bib tights
Elasticised close-fitting playsuits
Vest tops
Sports vests
Bodysuits for cyclists
Clothing for cyclists
Cycling uniforms
Tee-shirts
Waterproof T-shirts
T-shirts for cyclists
Jerseys [clothing]
Sports jerseys
Padded shirts for sporting use
Cycle shirts
Sweatshirts for cyclists
Vests for cyclists
Gymsuits
Sports uniforms
Gym suits
Sports trousers
Padded trousers for sporting use
Trousers shorts
Running shorts
Padded shorts for sporting use
Cycling shorts
Cycling shorts
Bicycle jackets
Rainproof jackets
Wind resistant jackets
Parkas (hooded jackets)
Pelerines
Knee warmers
Arm warmers (clothing)
Body warmers
Leggings [leg warmers]
Footmuffs, not electrically heated
Handwarmers [clothing]
Neck scarves [mufflers]
Ski gloves
Gloves for cyclists
Snowboard gloves
Muffs [clothing]
Socks
Sports socks
Tights for cyclists
Thermal vests for cyclists
Spats
Headbands [clothing]
Cuffs
Sports headgear [other than helmets]
Hats for cyclists
Visors
Sun visors
Masks for protecting against the cold
Clothing, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Skates
Roller skates
In-line roller skates
In-line roller skates
Ice skates
Ice hockey skates
Quad skates
Extendable skates
Adjustable roller skates
Adjustable ice skates
Adjustable in-line skates
Adjustable in-line roller skates
Adjustable quad skates
Skating boots with skates attached
Wheels for roller skates
Plates to fix the wheels of skates [accessories for skates]
Ice skate blades
Runner protectors for in-line skates
Ice skate blade guards
Ice skate guards
Accessories for ice skates, Namely skate holders, impact protection gel inserts, blade covers and laces
Bags, haversacks and backpacks adapted for roller skates, in-line skates, ice skates, quad skates and ice hockey skates
Bags specially adapted for carrying sports equipment
Bags especially designed for surfboards
Snowboard bags
Golf bags, with or without wheels
Bags adapted for carrying skis
Field hockey stick bags
Bags adapted for ice hockey sticks
Arm guards for sports use
Athletic protective arm pads for cycling [sports articles]
Athletic protective arm pads for skating [sports articles]
Forearm guards [sports articles]
Elbow guards [sports articles]
Padded elbow protectors for sporting use
Elbow guards for sporting use
Elbow guards for skating [sports articles]
Padded elbow protectors for skating [sports articles]
Protectors for elbows for use when riding bicycles [sports articles]
Shin guards [sports articles]
Padded protection for the shins [sports articles]
Leg guards (sports articles)
Padded protection for the legs [sports articles]
Body protectors for sports use
Shoulder pads for sports use
Back protectors for sports use
Back supports (sporting articles)
Wrist protectors for skating
Wrist guards (sporting articles)
Padded protection for the wrists [sports articles]
Hand protectors adapted for sporting use
Fist protectors [sporting articles]
Throat protectors for sports use
Kneepads for skating [sports articles]
Padded kneepads for skating [sports articles]
Knee pads for sports
Cushioned knee pads for use in sports
Protective paddings [parts of sports suits]
Protectors for ice hockey goalies
Field hockey goalkeeper pads
Chest protectors for sports use
Chest protectors [for hockey]
Chest protectors for field hockey
Chest protectors for ice hockey
Protective padding for snowboarding [sports articles]
Skateboards [recreational equipment]
Skateboard wheels
Bags for skateboards
Starting ramps for skateboarding [sports articles]
Skateboard trucks
Athletic protective wrist pads for skateboarding
Wrist guards for skateboarding [sports articles]
Padded protection for wrists for skateboarding [sports articles]
Athletic protective arm pads for skateboarding [sports articles]
Elbow guards for skateboarding [sports articles]
Padded elbow protectors for skateboarding [sports articles]
Protectors for elbows for use when skateboarding [sports articles]
Padded protectors for the knees for skateboarding [sports articles]
Protectors for the knees for use when skateboarding [sports articles]
Shin guards for skateboarding [sports articles]
Shock pads for risers for skateboarding [sports articles]
Protective padding for skateboarding [sports articles]
Gloves made specifically for use in playing sports
Gloves for skating
Hockey gloves
Ice hockey gloves
Field hockey gloves
Golf gloves
Windsurfing gloves
Swimming gloves
Gloves for games
Scooters (toys)
Toy scooters
Snow scooters [toys]
Skis
Monoskis
Ski sticks
Ski sticks
Edges of skis
Sole coverings for skis
Surf skis
Cross-country skis
Ski bindings
Bindings for cross-country skis
Ski brakes
Roller skis
Skis for skiing in summer without snow [sports articles]