The trademark PHANTOM AUTO was filed by Phantom Auto Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on August 9, 2021, and received one opposition filed on November 4, 2021 by Bayerische Motoren Werke Aktiengesellschaft on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for remotely operating ground vehicles, namely, autonomous vehicles, unmanned vehicles, autonomous industrial and logistics vehicles, unmanned industrial and logistics vehicles, and autonomous ground robots
Computer software for remote control of ground vehicles, namely, autonomous vehicles, unmanned vehicles, autonomous industrial and logistics vehicles, unmanned industrial and logistics vehicles, and autonomous ground robots
Computer operational software for steering ground vehicles, namely, autonomous vehicles, unmanned vehicles, autonomous industrial and logistics vehicles, unmanned industrial and logistics vehicles, and autonomous ground robots, namely via real-time streaming for remote supervision, assistance or control thereof
Computer software for use by vehicle manufacturers in the field of autonomous and remote control vehicle technology
None of the aforementioned goods for unmanned aerial vehicles.
The mark was filed in class 12 with Material handling ground vehicles, namely, forklifts and tuggers.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of computer hardware in the field of ground autonomous vehicle technology, ground unmanned vehicle technology, and remote control ground vehicle technology
Installation, updating, and maintenance of computer hardware for use with vehicle on-board computers for controlling ground vehicle operation
None of the aforementioned services for unmanned aerial vehicles.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable software services for remote control of ground vehicles, namely, autonomous vehicles, unmanned vehicles, autonomous industrial and logistics vehicles, unmanned industrial and logistics vehicles, and autonomous ground robots
Research and development services in the field of ground autonomous vehicles and ground unmanned vehicles
Research, design, and development of computer hardware and software for use with ground vehicle on-board computers for controlling ground vehicle operation
Installation, updating, and maintenance of computer software for use with vehicle on-board computers for controlling ground vehicle operation
Installation, maintenance and repair of computer software in the field of ground autonomous vehicle technology, ground unmanned vehicle technology, and remote control ground vehicle technology
None of the aforementioned services for unmanned aerial vehicles.