The trademark RUX was filed by Rux Box Corporation, a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on September 21, 2021, and received one opposition filed on December 15, 2021 by SR SUNTOUR INC. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by POTTHAST & SPENGLER, PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 12 with following description of goods:
Equipment for vehicles, namely load carriers for vehicles, excluding bicycles
Car top carriers, namely ski carriers, bicycle carriers, sailboard carriers and carryalls and conversion kits for car top carriers
Racks for vehicles and accessories for vehicle racks, namely rack trunk bags, cargo carriers, ski carriers, snowboard carriers, carriers for surf boards, kayak carriers, boat carriers, baggage carriers and bike carriers
Carriers for transporting skis, snowboards, surf boards, kayaks, bikes, boats and baggage on vehicles
Roof cases for vehicles, excluding bicycles, for transporting skis, snowboards, surf boards, kayaks, bikes, boats and baggage
Cargo nets
Rear mounted carriers for vehicles, excluding bicycles, namely cargo carriers, bike carriers and ski holders
Covers for carriers and roof boxes for vehicles, excluding bicycles
All-purpose automobile racks and related equipment, namely automobile racks for all types of sports equipment, including bicycles, skis, sailboards, surfboards, canoes, kayaks and small boats
Roof pads, foot braces, anti-theft locks, security cables, and mounting pads, all of the foregoing being parts or fittings for roof racks for cars
Rooftop bag carriers for vehicles, excluding bicycles.
The mark was filed in class 18 with following description of goods:
All-purpose athletic bags
All-purpose carrying bags
All-purpose sports bags
Animal game bags
Backpacks
Bags for campers
Carry-all bags
Duffle bags
Harness straps
Hiking bags
Luggage
Luggage straps
Luggage trunks
Rucksacks
Sports bags
Tote bags
Travel bags
Pouches and bags for attaching to portable coolers, trunks and travelling bags
Hunting bags
Bags, namely, all purpose carrying bags
Game bags, namely hunter's game bags
Game bags, namely angler's game bags
Catch bags
Carry-all bags
Weekend bags
Grip bags
Bags, namely, pouches sold empty for attachment to backpacks
Bags, namely, stuff sacks
Bags, namely, waist packs
Bags, namely, day packs
Tool bags
Boat bags
Trailer bags
Bags for securing to the outside of a vehicle
Bags for water bottles
Submersible bags
Waterproof bags
Cargo bags.
The mark was filed in class 20 with following description of goods:
Shelves
Shelves for storage
Storage racks
Collapsible storage boxes, not of metal, empty
Cable ties
Non-metallic fasteners for cables
Locks (other than electric), not of metal, for vehicle carriers.
The mark was filed in class 21 with Cooler bags.
The mark was filed in class 22 with following description of goods:
Tie-down cords for vehicles, for transporting skis, snowboards, surf boards, kayaks, bikes, boats and baggage
Tie-down straps, not of metal, for transporting skis, snowboards, surf boards, kayaks, bikes, boats and baggage
Devices in form of elasticated rope for securing goods on vehicles, for transporting skis, snowboards, surf boards, kayaks, bikes, boats and baggage