018397986

Top RACING

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February 11, 2021

Trademark Summary

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.

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Goods And Services

• The mark was filed in class 35 with following description of goods:
  
  1. Retailing of the following goods: Polarising spectacles
  2. Retailing of the following goods: Opthalmic glasses
  3. Retailing of the following goods: Protective glasses
  4. Retailing of the following goods: Sunglasses
  5. Retailing of the following goods: swim goggles
  6. Retailing of the following goods: smartglasses
  7. Retailing of the following goods: Magnifying eyeglasses
  8. Retailing of the following goods: fashion eyewear
  9. Retailing of the following goods: Dustproof glasses
  10. Retailing of the following goods: 3D spectacles
  11. Retailing of the following goods: reading eyeglasses
  12. Retail services in relation to cases for glasses
  13. Retailing of the following goods: cyclists' glasses
  14. Retailing of the following goods: Children's eyewear
  15. Retailing of the following goods: eyeglass lanyards
  16. Retailing of the following goods: Ear plugs for divers
  17. Retailing relating to earplugs
  18. Retailing relating to earplugs [instruments for ear protection]
  19. Retailing relating to earplugs for medical purposes
  20. Retailing relating to earplugs for use at night
  21. Retailing relating to earplugs for noise protection
  22. Retailing relating to electrically heated cups
  23. Retailing of the following goods: Torches
  24. Retailing relating to battery-operated torches
  25. Retailing of the following goods: LED flash lights
  26. Retailing relating to penlights
  27. Retailing of the following goods: Portable flash lights
  28. Retailing of the following goods: Torches
  29. Retailing relating to laser indicators [torches]
  30. Retailing of the following goods: Pocket torches, electric torches
  31. Retailing relating to solar powered torches
  32. Retailing relating to torches using electric devices
  33. Retailing of prams
  34. Retailing relating to folding strollers
  35. Retailing relating to cases for strollers
  36. Retailing relating to strollers fitted with carriers
  37. Retail store services featuring watches
  38. Retailing of the following goods: Sporting watches
  39. Retailing of the following goods: watches made of plated gold
  40. Retailing of the following goods: Chronoscopes
  41. Retailing relating to colour pens
  42. Retailing relating to containers for pens
  43. Retailing relating to pen refills
  44. Retailing relating to pen tips
  45. Retailing of the following goods: Pen and ballpoint pen sets
  46. Retailing of the following goods: Pen and pencil sets
  47. Retailing of the following goods: Holders for pens and pencils
  48. Retailing relating to trays for pens and ballpoint pens
  49. Retailing relating to pens and ballpoint pens [stationery]
  50. Retailing of the following goods: Pen and ballpoint pens stands
  51. Retailing of the following goods: Boxes for pens and ballpoint pens
  52. Retailing of the following goods: Pen clips
  53. Retailing of the following goods: Pens and ballpoint pens of precious metal
  54. Retailing of the following goods: Calendars
  55. Retailing of books
  56. Retailing of the following goods: cookbooks
  57. Retailing relating to book covers of leather
  58. Retailing relating to books with exercises for children
  59. Retailing of the following goods: Pencil cups
  60. Retailing of the following goods: Stickers
  61. Retailing relating to albums for stickers
  62. Retailing relating to labels, stickers [stationery]
  63. Retailing relating to decorative stickers for helmets
  64. Retailing of the following goods: Towels of paper
  65. Retailing of the following goods: Umbrellas
  66. Retailing of the following goods: Dog leashes
  67. Retailing of the following goods: leashes for animals
  68. Retailing of the following goods: pet leads
  69. Retailing of vacuum flasks
  70. Retailing relating to water bottles [sold empty]
  71. Retailing of the following goods: Water bottles for bicycles
  72. Retailing relating to water bottles for bicycles, sold empty
  73. Retailing of the following goods: Mugs
  74. Retailing of the following goods: Clay cups
  75. Retailing of the following goods: towel poles
  76. Retailing of the following goods: Towel rails
  77. Retailing of the following goods: Towels
  78. Retailing of the following goods: golf towels
  79. Mail order retail services for clothing
  80. Mail order retail services connected with clothing accessories
  81. Online retail services relating to clothing
  82. Retailing of the following goods: Scarves (clothing)
  83. Retailing of the following goods: jackets [clothing]
  84. Retailing relating to sportswear
  85. Retail sale service of shoes
  86. Retailing of the following goods: Work shoes
  87. Retailing of the following goods: Gymnastic shoes
  88. Retailing of the following goods: Trailers, other than for jewellery, key chains or Key rings
  89. Retailing relating to lanyards [straps] for carrying
  90. Retailing of the following goods: Mascot dolls
  91. Online retail services relating to toys
  92. Retailing relating to flippers [toys]
  93. Retailing of the following goods: toy models
  94. Retailing of the following goods: Educational toys
  95. Retailing of the following goods: Inflatable toys
  96. Retail services relating to sporting goods
  97. Retailing relating to bicycle accessories for carrying beverages
  98. Retailing of the following goods: Wheels
  99. Retailing of the following goods: wheels for vehicles
  100. Retailing of the following goods: Automobile wheels
  101. Retailing of the following goods: Car seats
  102. Retailing relating to steering wheel knobs for automobiles
  103. Retailing relating to gear lever knobs for vehicles
  104. Retailing of the following goods: Handle bars
  105. Retailing relating to steering wheel cases for vehicles
  106. Retailing relating to steering wheel covers for automobiles
  107. Retailing relating to fitted steering wheel covers for vehicles
  108. Retailing relating to seat belts for car racing
  109. Retailing relating to fork caps [bicycle parts]
  110. Retailing of the following goods: stopwatches
  111. Retailing relating to instruments for time measurement in sport [timers]
  112. Retailing of the following goods: Armchairs
  113. Retailing of the following goods: Office armchairs
  114. Retailing relating to lounge armchairs
  115. Retailing of the following goods: Gloves for motorcyclists
  116. Wholesaling of the following goods: Polarising spectacles
  117. Wholesaling of the following goods: Opthalmic glasses
  118. Wholesaling of the following goods: Protective glasses
  119. Wholesaling of the following goods: Sunglasses
  120. Wholesaling of the following goods: swim goggles
  121. Wholesaling of the following goods: smartglasses
  122. Wholesaling of the following goods: Magnifying eyeglasses
  123. Wholesaling of the following goods: fashion eyewear
  124. Wholesaling of the following goods: Dustproof glasses
  125. Wholesaling of the following goods: 3D spectacles
  126. Wholesaling of the following goods: reading eyeglasses
  127. Wholesale services in relation to cases for glasses
  128. Wholesaling of the following goods: cyclists' glasses
  129. Wholesaling of the following goods: Children's eyewear
  130. Wholesaling of the following goods: eyeglass lanyards
  131. Wholesaling relating to earplugs for diving
  132. Wholesaling relating to earplugs
  133. Wholesaling relating to earplugs [instruments for ear protection]
  134. Wholesaling relating to earplugs for medical purposes
  135. Wholesaling relating to earplugs for use at night
  136. Wholesaling relating to earplugs for noise protection
  137. Wholesaling relating to electrically-heated cups
  138. Wholesaling of the following goods: Torches
  139. Wholesaling relating to battery-operated torches
  140. Wholesaling of the following goods: LED flash lights
  141. Wholesaling relating to penlights
  142. Wholesaling relating to pocket torches
  143. Wholesaling of the following goods: Torches
  144. Wholesaling relating to laser indicators [torches]
  145. Wholesaling of the following goods: Portable flash lights, Torches
  146. Wholesaling relating to solar powered torches
  147. Wholesaling relating to torches using electric devices
  148. Wholesaling of the following goods: strollers
  149. Wholesaling relating to folding strollers
  150. Wholesaling relating to cases for strollers
  151. Wholesaling relating to strollers fitted with carriers
  152. Wholesaling of the following goods: Watches
  153. Wholesaling of the following goods: Sporting watches
  154. Wholesaling of the following goods: watches made of plated gold
  155. Wholesaling relating to timers [watches]
  156. Wholesaling relating to colour pens
  157. Wholesaling of the following goods: Containers for pens
  158. Wholesaling relating to pen refills
  159. Wholesaling relating to pen tips
  160. Wholesaling of the following goods: sets of pens and Pen sets
  161. Wholesaling of the following goods: Pen sets and sets of pencils
  162. Wholesaling of the following goods: Pen holders and Stands for pens
  163. Wholesaling of the following goods: Trays for pens and trays for ballpoint pens
  164. Wholesaling relating to pens and ballpoint pens [stationery]
  165. Wholesaling of the following goods: Pen pots and Pen stands
  166. Wholesaling of the following goods: Pen boxes and Boxes for pens
  167. Wholesaling of the following goods: Pen clips and ballpoint pen clips
  168. Wholesaling of the following goods: pens of precious metal and Pens of precious metal
  169. Wholesaling of the following goods: Calendars
  170. Wholesaling of the following goods: Of books
  171. Wholesaling of the following goods: cookbooks
  172. Wholesaling relating to book covers of leather
  173. Wholesaling relating to books with exercises for children
  174. Wholesaling of the following goods: Pencil cups
  175. Wholesaling of the following goods: Stickers
  176. Wholesaling relating to albums for stickers
  177. Wholesaling relating to labels, stickers [stationery]
  178. Wholesaling relating to decorative stickers for helmets
  179. Wholesaling of the following goods: Towels of paper
  180. Wholesaling of umbrellas
  181. Wholesaling relating to leashes for dogs
  182. Wholesaling of the following goods: leashes for animals
  183. Wholesaling of the following goods: pet leads
  184. Wholesaling of vacuum flasks
  185. Wholesaling relating to water bottles [sold empty]
  186. Wholesaling relating to bicycle water bottles
  187. Wholesaling relating to bicycles water bottles, sold empty
  188. Wholesaling of the following goods: Mugs
  189. Wholesaling of the following goods: Clay cups
  190. Wholesaling of the following goods: towel poles
  191. Wholesaling of the following goods: Towel rails
  192. Wholesaling of the following goods: Towels
  193. Wholesaling of the following goods: golf towels
  194. Wholesale services in the field of clothing
  195. Wholesaling of the following goods: Scarves (clothing)
  196. Wholesaling of the following goods: jackets [clothing]
  197. Wholesaling of the following goods: Fashion accessories
  198. Wholesaling of sportswear
  199. Wholesale services for footwear
  200. Wholesaling of the following goods: Work shoes
  201. Wholesaling of the following goods: Gymnastic shoes
  202. Wholesaling of the following goods: Trailers, other than for jewellery, key chains or Key rings
  203. Wholesaling relating to lanyards [straps] for carrying
  204. Wholesaling of the following goods: Mascot dolls
  205. Wholesaling in the field of toys
  206. Wholesaling relating to flippers [toys]
  207. Wholesaling of the following goods: toy models
  208. Wholesaling of the following goods: Educational toys
  209. Wholesaling of the following goods: Inflatable toys
  210. Wholesale services relating to sporting goods
  211. Wholesaling relating to bicycle accessories for carrying beverages
  212. Wholesaling of the following goods: Wheels
  213. Wholesaling of the following goods: wheels for vehicles
  214. Wholesaling of the following goods: Automobile wheels
  215. Wholesaling of the following goods: Car seats
  216. Wholesaling relating to steering wheel knobs for automobiles
  217. Wholesaling relating to gear lever knobs for vehicles
  218. Wholesaling of the following goods: Handle bars
  219. Wholesaling relating to steering wheel cases for vehicles
  220. Wholesaling relating to steering wheel covers for automobiles
  221. Wholesaling relating to fitted steering wheel covers for vehicles
  222. Wholesaling relating to seat belts for car racing
  223. Wholesaling relating to fork caps [bicycle parts]
  224. Wholesaling of the following goods: stopwatches
  225. Wholesaling relating to instruments for time measurement in sport [timers]
  226. Wholesaling of the following goods: Armchairs
  227. Wholesaling of the following goods: Office armchairs
  228. Wholesaling relating to lounge armchairs
  229. Wholesaling of the following goods: Gloves for motorcyclists.