The trademark GOCAB was filed by Boezel-Ruesink-Boezel Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on July 15, 2021, and received one opposition filed on October 14, 2021 by MEDIA Logistik GmbH on Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 14, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspection, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Accumulators and batteries, Including for use with electric bicycles
Accumulator and battery charges
Charging points, including for electric bicycles
Electric cables, conduits and wires
Electrical connecting plugs, sockets and units, Switches, electric
Electric locks for bicycles
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media, all the aforesaid goods, only for use with and/or for vehicles and bicycles
Software suites, Computer software applications, downloadable, Mobile applications and web applications, All the aforesaid goods, only for use with and/or for vehicles and bicycles
Computers for vehicles and Computers for bicycles, including the following goods: Cycle computers and Speed measuring instruments
Bicycle navigation apparatus
Coin-operated mechanisms
Calculating devices
Computers and computer peripherals only for use with and/or for vehicles and bicycles
Protective clothing and safety clothing, including reflective
Reflecting strips for wear
Head protection, Including bicycle helmets
Protective pads for elbows, knees and wrists
Glasses for cycling
Receptacles, Bags for men, Cases or Sleeves, All the aforesaid adapted to contain or protect the following goods: Cycle computers, Bicycle navigation apparatus, Telephone apparatus and/or Telecommunications machines.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Bicycles
Electric bicycles
Delivery tricycles
Engines for bicycles
Bike trailers
Bicycle carriers
Bicycle carriers
Parts and fittings for bicycles, including the following goods: Saddles, Handlebars, Pedals, Mirrors, Handle bars, Tooters, Bells and Adjusting devices
Pumps for bicycle tyres
Baskets adapted for bicycles
Bags for bicycles
Covers for bicycle saddles
Screens, namely, Bicycle components
Frames for covering bicycles
Coverings, namely, Bicycle components
Puncture repair outfits for bicycle tyres
Parts and components for the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions, including in the following fields: Rental, leasing, providing and shared use of vehicles and bicycles
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Accumulators and accumulator batteries, Including for use with electric bicycles, Accumulator and battery charges, Charging points, including for electric bicycles
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: electric cables, Electricity conduits, Electric wire, Couplings, electric, Electric plugs, electric sockets and Switches, electric, Electric bicycle locks, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded and downloadable media, Computer software, Blank digital or analogue recording and storage media
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Packaged computer software, Computer software feature application, Mobile applications and web applications, All the aforesaid goods, including for use with and/or for vehicles and bicycles, computers for vehicles and Computers for bicycles, Including bicycle computers and speedometers, Bicycle navigation apparatus, mechanisms for coin-operated apparatus, Calculating machines, Computers and computer peripheral devices
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Protective clothing and safety clothing, Including being reflective, reflective strips for clothing, Protective helmets, Including bicycle helmets, protective pads for elbows, knees and wrists, bicycling glasses, Holders, cases, pouches or sleeves adapted for containing or protecting bicycle computers, bicycle navigation apparatus, telephones and/or telecommunications apparatus
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Transport means, Apparatus for locomotion by land air or water, Cycles, E-bikes, Carrier tricycles, Motors and engines for cycles, bicycle trailers, Bicycle racks, Bicycle racks, Parts and fittings for bicycles, Including the following goods: saddles, controlling, Foot pedals, Mirrors, Handlebars, Tooters, Bells and Bands of leather, And parts and fittings for all the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: bicycle trailers, Bicycle racks, Bicycle racks, pumps for bicycle tyres, baskets for bicycles, bicycle bags, Saddle covers for bicycles, Screening, namely, Bicycle components, Frames for covering bicycles, Canopies, namely, Bicycle components, Puncture repair kits for bicycles, And parts and fittings for all the aforementioned goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation to the following goods: Covers on which to place one's legs, Non-electric cables and wires of common metal, Locks for means of transport and Locks for bicycles, Including the following goods: Cable locks, Chain locks, U-locks, Frame locks and padlocks, keys for locks, Lighting apparatus for vehicles and Lighting apparatus for bicycles, including headlights, taillights, blinkers, warning lights, battery lighting, LED lamps and light bulbs
Bicycle lights, Vehicle reflectors, Bicycle reflectors, cleaning preparations for bicycles and Maintenance products for bicycles
Provision of commercial information
Organisation of events for commercial and advertising purposes
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
All the aforesaid services only in relation to vehicles, bicycles and parts, accessories and goods for vehicles and bicycles.
The mark was filed in class 37 with following description of goods:
Bulding repair services, Maintenance services, Repair, Restoration work and Cleaning services, In relation to the following goods: Vehicles, Bicycles and Parts and fittings thereof
Services of (mobile) bicycle mechanics
Bulding repair services, Maintenance services, Repair, Restoration work and replacement work, In relation to the following goods: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Accumulators and batteries, Electric cables, Electricity conduits and Wires, electric, Electric connections, Electric plugs, electric outlets and Switches, electric
Charging of electric vehicles and Bicycle charging
Consultancy and information regarding the aforesaid services, including via electronic networks such as the Internet.
The mark was filed in class 39 with following description of goods:
Rental services, Lease-purchase financing, in relation to the following goods: Conveyances, Apparatus for locomotion by land, air or water, Cycles, Electric bicycles, Carrier tricycles, Engines for bicycles, Bicycle trailers, Bicycle carriers, Bicycle carriers, Parts and fittings for bicycles, including the following goods: saddles, Handle bars, Foot pedals, Mirrors (looking glass), Grip, Horns, Bells and Harnesses, Bicycle trailers, Bicycle carriers, Bicycle carriers and Parts and fittings for the aforesaid goods
Rental services, Lease-purchase financing, in relation to the following fields: Pumps, Baskets, bags, Saddle covers, Screens, Frames for coverings, Canopies, All the aforesaid for bicycles, puncture repair outfits for bicycle tyres, parts and fittings for the aforesaid goods
Rental, leasing of bicycle navigation apparatus
Vehicle-sharing services, Including bicycles
Bicycle sharing services
Booking services, in relation to the following fields: hiring of vehicles, Leasing, providing and shared use of vehicles, Including bicycles
Offering mobility solutions
Providing information relating to bicycle rental services
Information about any of the aforesaid services, Consultancy on the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 40 with following description of goods:
Custom manufacture, in relation to the following goods: Vehicles, Apparatus for locomotion by land, air or water, Cycles, Electric bicycles, carrier tricycles, engines for bicycles, bicycle trailers, bicycle carriers, bicycle racks, parts and fittings for bicycles, including saddles, handlebars, pedals, mirrors, handle bar ends, horns, bells and harnesses, parts and fittings for the aforesaid goods
Custom manufacture, in relation to the following goods: Trailers, carriers, Racks, Pumps, Baskets, Bags, Saddle covers, Screens, Frames for coverings, Canopies, All the aforesaid for bicycles, puncture repair outfits for bicycle tyres, parts and fittings for the aforesaid goods
Assembly, in relation to the following goods: Cycles, Parts and fittings of bicycles
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.