The trademark EARTH CYCLE was filed by ALTYA INVEST, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on November 22, 2020, and received one opposition filed on February 18, 2021 by Earth, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 18, 2021
The application was filed in French, and French 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:
Apparatus for locomotion by land
Apparatus for locomotion by air
Apparatus for locomotion by water
Electric vehicles
Caravans
Tractors
Mopeds
Motorcycles
Bicycles
Tricycles
Bicycles
Push scooters [vehicles]
Pushchairs
Self-balancing scooters.
The mark was filed in class 35 with following description of goods:
Direct mail advertising
Arranging newspaper subscriptions for others
Arranging subscriptions to telecommunication services for others
Presentation of goods on communication media, for retail purposes
Business management and organization consultancy
Computerized file management
Web site traffic optimization
Organization of exhibitions for commercial or advertising purposes
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Rental of advertising space
Dissemination of advertising matter
Consultancy regarding advertising communication strategies
Public relations services
Consultancy regarding public relations communication strategies
Commercial intermediation services
Provision of an online marketplace for buyers and sellers of goods and services
Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding.
The mark was filed in class 41 with following description of goods:
Providing recreation facilities
Providing of facilities for practising on motorbikes, Skateboarding, Cycling, using scooters and segways in a dedicated space
Providing recreational areas in the nature of play areas for children
Games equipment rental
Providing amusement arcade services
Holiday camp services [entertainment]
Amusement park services
Sporting and cultural activities
Provision of health club [physical exercise] facilities
Operation of sports facilities
Organisation of sporting events
Entertainment information
Education information
Provision of training and education, Namely: Conducting courses, Professional training workshops and Seminars
Publication of books
Lending library services
Providing films, not downloadable, via video-on-demand services
Photography
Organization of competitions [education or entertainment]
Arranging and conducting of colloquiums
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging of exhibitions for cultural or educational purposes
Game services provided online from a computer network
Organisation and conducting of competitions for video and computer game players, for entertainment purposes
Online publication of electronic books and journals.
The mark was filed in class 42 with following description of goods:
Design of computers for others
Development of computers
Computer software design
Software development
Research and development of new products for others
Conducting technical project studies
Architecture
Design of interior decor
Computer software design
Computer programming
Computer system analysis
Computer system design
Consultancy in the design and development of computer hardware
Software as a service [SaaS]
Cloud computing
Information technology [IT] consultancy
Server hosting
Graphic arts design
Styling [industrial design]
Electronic data storage.
The mark was filed in class 43 with following description of goods: