The trademark top RACING was filed by Null TOP RACING ANDRZEJ KRÓL, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on April 6, 2021, and received one opposition filed on June 20, 2021 by J. António da Silva on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Cerqueira, Joana Jorge and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 20, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 8, 2021.
The Opposition with reference B 003149073 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on June 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retailing of the following goods: Polarising spectacles
Retailing of the following goods: Opthalmic glasses
Retailing of the following goods: Protective glasses
Retailing of the following goods: Sunglasses
Retailing of the following goods: swim goggles
Retailing of the following goods: smartglasses
Retailing of the following goods: Magnifying eyeglasses
Retailing of the following goods: fashion eyewear
Retailing of the following goods: Dustproof glasses
Retailing of the following goods: 3D spectacles
Retailing of the following goods: reading eyeglasses
Retail services in relation to cases for glasses
Retailing of the following goods: cyclists' glasses
Retailing of the following goods: Children's eyewear
Retailing of the following goods: eyeglass lanyards
Retailing of the following goods: Ear plugs for divers
Retailing relating to earplugs
Retailing relating to earplugs [instruments for ear protection]
Retailing relating to earplugs for medical purposes
Retailing relating to earplugs for use at night
Retailing relating to earplugs for noise protection
Retailing relating to electrically heated cups
Retailing of the following goods: Torches
Retailing relating to battery-operated torches
Retailing of the following goods: LED flash lights
Retailing relating to penlights
Retailing of the following goods: Portable flash lights
Retailing of the following goods: Torches
Retailing relating to laser indicators [torches]
Retailing of the following goods: Pocket torches, electric torches
Retailing relating to solar powered torches
Retailing relating to torches using electric devices
Retailing of prams
Retailing relating to folding strollers
Retailing relating to cases for strollers
Retailing relating to strollers fitted with carriers
Retail store services featuring watches
Retailing of the following goods: Sporting watches
Retailing of the following goods: watches made of plated gold
Retailing of the following goods: Chronoscopes
Retailing relating to colour pens
Retailing relating to containers for pens
Retailing relating to pen refills
Retailing relating to pen tips
Retailing of the following goods: Pen and ballpoint pen sets
Retailing of the following goods: Pen and pencil sets
Retailing of the following goods: Holders for pens and pencils
Retailing relating to trays for pens and ballpoint pens
Retailing relating to pens and ballpoint pens [stationery]
Retailing of the following goods: Pen and ballpoint pens stands
Retailing of the following goods: Boxes for pens and ballpoint pens
Retailing of the following goods: Pen clips
Retailing of the following goods: Pens and ballpoint pens of precious metal
Retailing of the following goods: Calendars
Retailing of books
Retailing of the following goods: cookbooks
Retailing relating to book covers of leather
Retailing relating to books with exercises for children
Retailing of the following goods: Pencil cups
Retailing of the following goods: Stickers
Retailing relating to albums for stickers
Retailing relating to labels, stickers [stationery]
Retailing relating to decorative stickers for helmets
Retailing of the following goods: Towels of paper
Retailing of the following goods: Umbrellas
Retailing of the following goods: Dog leashes
Retailing of the following goods: leashes for animals
Retailing of the following goods: pet leads
Retailing of vacuum flasks
Retailing relating to water bottles [sold empty]
Retailing of the following goods: Water bottles for bicycles
Retailing relating to water bottles for bicycles, sold empty
Retailing of the following goods: Mugs
Retailing of the following goods: Clay cups
Retailing of the following goods: towel poles
Retailing of the following goods: Towel rails
Retailing of the following goods: Towels
Retailing of the following goods: golf towels
Mail order retail services for clothing
Mail order retail services connected with clothing accessories
Online retail services relating to clothing
Retailing of the following goods: Scarves (clothing)
Retailing of the following goods: jackets [clothing]
Retailing relating to sportswear
Retail sale service of shoes
Retailing of the following goods: Work shoes
Retailing of the following goods: Gymnastic shoes
Retailing of the following goods: Trailers, other than for jewellery, key chains or Key rings
Retailing relating to lanyards [straps] for carrying
Retailing of the following goods: Mascot dolls
Online retail services relating to toys
Retailing relating to flippers [toys]
Retailing of the following goods: toy models
Retailing of the following goods: Educational toys
Retailing of the following goods: Inflatable toys
Retail services relating to sporting goods
Retailing relating to bicycle accessories for carrying beverages
Retailing of the following goods: Wheels
Retailing of the following goods: wheels for vehicles
Retailing of the following goods: Automobile wheels
Retailing of the following goods: Car seats
Retailing relating to steering wheel knobs for automobiles
Retailing relating to gear lever knobs for vehicles
Retailing of the following goods: Handle bars
Retailing relating to steering wheel cases for vehicles
Retailing relating to steering wheel covers for automobiles
Retailing relating to fitted steering wheel covers for vehicles
Retailing relating to seat belts for car racing
Retailing relating to fork caps [bicycle parts]
Retailing of the following goods: stopwatches
Retailing relating to instruments for time measurement in sport [timers]
Retailing of the following goods: Armchairs
Retailing of the following goods: Office armchairs
Retailing relating to lounge armchairs
Retailing of the following goods: Gloves for motorcyclists
Wholesaling of the following goods: Polarising spectacles
Wholesaling of the following goods: Opthalmic glasses
Wholesaling of the following goods: Protective glasses
Wholesaling of the following goods: Sunglasses
Wholesaling of the following goods: swim goggles
Wholesaling of the following goods: smartglasses
Wholesaling of the following goods: Magnifying eyeglasses
Wholesaling of the following goods: fashion eyewear
Wholesaling of the following goods: Dustproof glasses
Wholesaling of the following goods: 3D spectacles
Wholesaling of the following goods: reading eyeglasses
Wholesale services in relation to cases for glasses
Wholesaling of the following goods: cyclists' glasses
Wholesaling of the following goods: Children's eyewear
Wholesaling of the following goods: eyeglass lanyards
Wholesaling relating to earplugs for diving
Wholesaling relating to earplugs
Wholesaling relating to earplugs [instruments for ear protection]
Wholesaling relating to earplugs for medical purposes
Wholesaling relating to earplugs for use at night
Wholesaling relating to earplugs for noise protection
Wholesaling relating to electrically-heated cups
Wholesaling of the following goods: Torches
Wholesaling relating to battery-operated torches
Wholesaling of the following goods: LED flash lights
Wholesaling relating to penlights
Wholesaling relating to pocket torches
Wholesaling of the following goods: Torches
Wholesaling relating to laser indicators [torches]
Wholesaling of the following goods: Portable flash lights, Torches
Wholesaling relating to solar powered torches
Wholesaling relating to torches using electric devices
Wholesaling of the following goods: strollers
Wholesaling relating to folding strollers
Wholesaling relating to cases for strollers
Wholesaling relating to strollers fitted with carriers
Wholesaling of the following goods: Watches
Wholesaling of the following goods: Sporting watches
Wholesaling of the following goods: watches made of plated gold
Wholesaling relating to timers [watches]
Wholesaling relating to colour pens
Wholesaling of the following goods: Containers for pens
Wholesaling relating to pen refills
Wholesaling relating to pen tips
Wholesaling of the following goods: sets of pens and Pen sets
Wholesaling of the following goods: Pen sets and sets of pencils
Wholesaling of the following goods: Pen holders and Stands for pens
Wholesaling of the following goods: Trays for pens and trays for ballpoint pens
Wholesaling relating to pens and ballpoint pens [stationery]
Wholesaling of the following goods: Pen pots and Pen stands
Wholesaling of the following goods: Pen boxes and Boxes for pens
Wholesaling of the following goods: Pen clips and ballpoint pen clips
Wholesaling of the following goods: pens of precious metal and Pens of precious metal
Wholesaling of the following goods: Calendars
Wholesaling of the following goods: Of books
Wholesaling of the following goods: cookbooks
Wholesaling relating to book covers of leather
Wholesaling relating to books with exercises for children
Wholesaling of the following goods: Pencil cups
Wholesaling of the following goods: Stickers
Wholesaling relating to albums for stickers
Wholesaling relating to labels, stickers [stationery]
Wholesaling relating to decorative stickers for helmets
Wholesaling of the following goods: Towels of paper
Wholesaling of umbrellas
Wholesaling relating to leashes for dogs
Wholesaling of the following goods: leashes for animals
Wholesaling of the following goods: pet leads
Wholesaling of vacuum flasks
Wholesaling relating to water bottles [sold empty]
Wholesaling relating to bicycle water bottles
Wholesaling relating to bicycles water bottles, sold empty
Wholesaling of the following goods: Mugs
Wholesaling of the following goods: Clay cups
Wholesaling of the following goods: towel poles
Wholesaling of the following goods: Towel rails
Wholesaling of the following goods: Towels
Wholesaling of the following goods: golf towels
Wholesale services in the field of clothing
Wholesaling of the following goods: Scarves (clothing)
Wholesaling of the following goods: jackets [clothing]
Wholesaling of the following goods: Fashion accessories
Wholesaling of sportswear
Wholesale services for footwear
Wholesaling of the following goods: Work shoes
Wholesaling of the following goods: Gymnastic shoes
Wholesaling of the following goods: Trailers, other than for jewellery, key chains or Key rings
Wholesaling relating to lanyards [straps] for carrying
Wholesaling of the following goods: Mascot dolls
Wholesaling in the field of toys
Wholesaling relating to flippers [toys]
Wholesaling of the following goods: toy models
Wholesaling of the following goods: Educational toys
Wholesaling of the following goods: Inflatable toys
Wholesale services relating to sporting goods
Wholesaling relating to bicycle accessories for carrying beverages
Wholesaling of the following goods: Wheels
Wholesaling of the following goods: wheels for vehicles
Wholesaling of the following goods: Automobile wheels
Wholesaling of the following goods: Car seats
Wholesaling relating to steering wheel knobs for automobiles
Wholesaling relating to gear lever knobs for vehicles
Wholesaling of the following goods: Handle bars
Wholesaling relating to steering wheel cases for vehicles
Wholesaling relating to steering wheel covers for automobiles
Wholesaling relating to fitted steering wheel covers for vehicles
Wholesaling relating to seat belts for car racing
Wholesaling relating to fork caps [bicycle parts]
Wholesaling of the following goods: stopwatches
Wholesaling relating to instruments for time measurement in sport [timers]
Wholesaling of the following goods: Armchairs
Wholesaling of the following goods: Office armchairs
Wholesaling relating to lounge armchairs
Wholesaling of the following goods: Gloves for motorcyclists.