The trademark AEROLINER 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 June 22, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on September 20, 2021 by Bernard Krone Holding SE & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BUSSE & BUSSE PATENT- UND RECHTSANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in German The second opposition filed on July 7, 2021 by GEMBALLA Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MS Concept Rechtsanwaltsgesellschaft mbH 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).
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles for locomotion by land, and parts therefor
Motorized land vehicles
Driverless land vehicles, autonomous land vehicles
Motors and drives for land vehicles
Propulsion mechanisms for land vehicles
Chassis for land vehicles
Vehicle superstructures for land vehicles
Couplings for land vehicles
Shock absorbers for land vehicles
Shock absorbing springs for land vehicles
Tyres, Tyres, in relation to the following goods, Vehicles for use on land
Tyres, in relation to the following goods, Wheels for land vehicles
Frames for wheels for land vehicles
Solid tyres for land vehicle wheels
Wheels for land vehicles
Hubs for land vehicle wheels
Wheel nuts, in relation to the following goods, Wheels for land vehicles
Inner tubes for pneumatic tyres
Casings for pneumatic tyres
Tyre mousse inserts
Repair outfits for inner tubes, Adhesive rubber patches for repairing tyre inner tubes
Spikes for tyres
Snow chains
Non-skid devices for vehicle tyres
Seats for land vehicles
Rearview mirrors
Head rests for land 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
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, in relation to the following goods, Vehicles for use on land
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment, gymnastic articles
Festive decorations and artificial Christmas trees
Fairground and playground apparatus
Scale model kits [toys], In relation to the following goods, Vehicles for land use
Soft toys and other stuffed toys
Slot machines [gaming machines], Scale model land vehicles
Toy land vehicles
Scooters [toys]
Toy cars
Remote-controlled land vehicles, Toys
Balls for games
Kaleidoscopes
Board games
Playing cards
Playing balls
Stationary exercise bicycles
Archery implements
Appliances for gymnastics
Racing car games
Gloves for games
Floats for fishing
Camouflage screens [sports articles].
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, in relation the following goods, Motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Chassis for land vehicles
Retail and wholesale services for mail order services, in relation the following goods, Motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Undercarriages for vehicles
Internet retail and wholesale services, in relation the following goods, Motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Chassis for vehicles
Wholesaling and retailing by means of teleshopping programmes, in relation the following goods, Motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Chassis for vehicles
Compiling, (excluding the transport thereof), in relation the following goods, Various motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Chassis for vehicles, for others, Relating to the following purposes,,Enabling customers to conveniently view and purchase those goods in a retail sales outlet
Arranging of contracts, for others, for purchasing and selling, in relation the following goods, Motor vehicles, Automotive parts and accessories, motors, engines and drives for land vehicles, Chassis for vehicles
Transportation fleet (business management of -) [for others]
Business management and organization consultancy
Commercial or industrial management assistance
Business management
Business administration
Clerical services
Personnel management consultancy
Personnel recruitment
Relocation services for businesses
Book-keeping
Sponsorship search.
The mark was filed in class 37 with following description of goods:
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Mining extraction
Gas and oil extraction
Disinfectant services, conversion, fix, Maintainance services, Disassembly, Maintenance, Care, Purification, Varnishing, In relation to the following goods, Land vehicles, motors and engines for land vehicles, land vehicle wheels and parts thereof
Fuelling services, In relation to the following goods, land vehicle
Vehicle breakdown repair services
Custom conversion of motor vehicle bodies, chassis, motors and engines (tuning), included in class 37
Painting of land vehicles
Polishing, In relation to the following goods, land vehicle
Rustproofing, In relation to the following goods, land vehicle
Vehicle maintenance
Motor land vehicle cleaning services
Retreading of tyres, In relation to the following goods, land vehicle
Maintenance, cleaning and repair of boilers and burners
Quarrying services
Machinery installation, maintenance and repair
Shipbuilding
Photographic apparatus repair
Clock and watch repair
Repair of security locks
Furniture maintenance
Leather care, cleaning and repair
Burglar alarm installation and repair
Consultancy and information in relation to the aforesaid services, included in this class.