The trademark moon mobility.online. was filed by CARAT Systementwicklungs- und Marketing GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 11, 2022, and received one opposition filed on July 10, 2022 by MOON POWER GmbH on Likelihood of confusion. the opponent was represented by PRESSL ENDL HEINRICH BAMBERGER RECHTSANWÄLTE GMBH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 10, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Marketing, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Advertising, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Organisational consultancy with regard to operational structures, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Business organization consultancy, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Professional business consultancy for disposal companies and repair workshops and specialist trading companies and specialist markets for automobile parts
Professional business consultancy relating to the establishment and running of disposal companies, repair workshops and specialist trading companies and specialist markets for automobile parts
Development of marketing concepts, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Development of advertising concepts, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Consulting services in the field of development of advertising concepts, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Business brokerage services, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Arranging commercial transactions, for others, via online shops
Provision of information and advisory services relating to e-commerce, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Work clothing
Administrative processing and organisation of wholesaling, intermediary services, retailing, online mail order and mail order relating to motor vehicle spare parts and fittings
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Lubricants
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Tools
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Ready-made clothing
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: recorded content
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Lubricating agents
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Fuels
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Vehicles
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Auto accessories
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Automobile parts
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Car accessories
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Ready-made clothing and clothing acccessories
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Fittings for cars
Wholesaling services, Intermediate trading, Retail services, Online mail order services, mail order retail services, in relation to the following goods: Navigation apparatus
Contract procurement, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Mediation of agreements regarding the sale and purchase of goods, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Arranging of contracts, for others, for the providing of services, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Preparation of invoices
Electronic order processing
Computerized file management
Computerized file management, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Research of business information, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Provision of an online marketplace for buyers and sellers of goods and services
Business research
Business research
Conducting online business management research surveys
Compilation and systemization of information into computer databases
Updating and maintenance of data in computer databases
Data entry and data processing
Professional business consultancyrelating to establishment of companies, namely, Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Employment counselling
Consultancy of personnel recruitment
Human resources consultancy
Consultancy relating to the selection of personnel
Business organisation advice
Business organization and operation consultancy, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Personnel placement consultancy.
The mark was filed in class 37 with following description of goods:
Motor vehicle maintenance
Motor vehicle maintenance
Automobile repair
Installation in vehicles, extensions on vehicles, In relation to the following goods: Window screens, Glass panes, Window panes, Sunroofs, Glass roofs mirrors, Luminaires
Maintenance and repair of vehicle glass, Maintenance, fix, In relation to the following goods: Plate glass
Glazier services
Valeting of automobiles
Motor vehicle trim repair
Upholstery for motor vehicles
Motor vehicle maintenance and repair
Repair and maintenance of automobiles and structural parts therefor
Fix, conversion, Maintenance, In relation to the following goods: Motor vehicle engines
Advisory, consultancy and advisory services in relation to all the aforementioned services.
The mark was filed in class 38 with following description of goods:
Telecommunication services, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Electronic message collection and transmission, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Computer communication and Internet access, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Providing access to computer networks, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Provision of access to electronic messaging systems, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Providing access to online computer databases, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Provision of access to content, websites and portals, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Rental of telecommunication facilities, in relation to the following fields: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Telematic [data communication] services
Providing of access to computer networks for arranging online appointments
Supplying (transmission) of data, information, texts and images
Electronic transmission of data, images and documents via computer, network or mobile communications equipment.
The mark was filed in class 39 with following description of goods:
Arranging and conducting of mail order delivery services, in relation to the following fields: Disposal companies and repair workshops and specialist trading companies and specialist markets for automobile parts
Transport
Packaging and storage of goods
Storage of parts for motor vehicles
Towing of motor vehicles
Arranging vehicle towing
Car rental.
The mark was filed in class 42 with following description of goods:
Software creation, Relating to the following sectors: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Software development, Relating to the following sectors: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Engineering design and consultancy, Relating to the following sectors: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
IT services, Relating to the following sectors: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts
Technological services, Relating to the following sectors: Disposal companies, repair workshops, specialist trading companies and specialist markets for automobile parts