The trademark upway was filed by UPWAY FRANCE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 16, 2022, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on August 16, 2022 by Volkswagen Aktiengesellschaft on Likelihood of confusion. the opponent was represented by DENNEMEYER & ASSOCIATES and its proceedings were handled in English The second opposition filed on August 16, 2022 by CEGELEC MOBILITY on Likelihood of confusion. the opponent was represented by LLR and its proceedings were handled in French
The application was filed in French, and French 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:
Batteries
Rechargeable batteries
Batteries, electric
Battery chargers
Battery boxes
Batteries for vehicles
Battery testers
Chargers for electric batteries
Helmets for bicycles.
The mark was filed in class 11 with following description of goods:
Bicycle lights
Bicycle reflectors for attachment to spokes
Lighting apparatus
Light bulbs
Light bulbs, electric
Light bulbs for directional signals for vehicles
Anti-glare devices for vehicles [lamp fittings]
Light diffusers
Sockets for electric lights
Lighting apparatus for vehicles
Light-emitting diodes [LED] lighting apparatus
Bicycle lights
Electric lamps
Lamps
Electric torches
Lanterns for lighting
Lamp mantles
Vehicle headlights
Searchlights
Lamp chimneys
Luminous tubes for lighting
Helmet lights.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land
Bicycles
Folding bikes
Pedelecs
Electric bicycles
Bicycle carriers
Rims for bicycle wheels
Bicycle saddles
Spokes for bicycle wheels
Bicycle tyres
Bicycle brakes
Bicycle wheels
Pumps for bicycle tyres
Bicycle kickstands
Bicycle pedals
Bicycle handlebars
Structural parts of bicycles
Children’s bicycle seats
Bells for bicycles, cycles.
The mark was filed in class 25 with following description of goods:
Clothing, footwear and headgear
Sportswear
Cuffs
Sports shoes
Skull caps
Hats
Underwear
Jackets [clothing]
Gloves [clothing]
Waterproof clothing
Socks
Shorts
Tee-shirts
Sweaters
Gym suits
Sports jerseys.
The mark was filed in class 35 with following description of goods:
Advertising, in relation to the following fields: land vehicles and fittings of the aforementioned
Online sales services and Sale in shops, in relation to the following goods: Battery packs, Rechargeable batteries, electric batteries, Battery chargers, Battery cases, Batteries for vehicles, Battery testing apparatus, Charging apparatus for electric batteries, Cycle helmets
Online sales services and Sale in shops, in relation to the following goods: Lamps for bicycles, Bicycle reflectors for attaching to spokes, Apparatus for lighting, Light bulbs, Light bulbs, electric, light bulbs for directional signals for vehicles, anti-glare devices for vehicles [lamp fittings], Light diffusers, Sockets for electric lights, Lighting apparatus for vehicles, Light-emitting diodes (LED) lighting apparatus, Bicycle lights
Online sales services and Sale in shops, in relation to the following goods: Electric lights, Lamps, Pocket torches, Lanterns, Lamp mantles, Vehicle headlights, Torches for lighting, Lamp chimneys, Luminous tubes for lighting, Helmet lamps
Online sales services and Sale in shops, in relation to the following goods: Vehicles, Apparatus for locomotion by land, Cycles, Folding bikes, E-bikes, Power-assisted bicycles, bike racks, Bicycle wheels, Bicycle saddles, Bicycle spokes, Tires for bicycles, Bicycle brakes, Wheels for bicycles, Bicycle pumps, Bicycle kickstands, Bicycle pedals, Bicycle handlebars, structural parts of cycles, Children's seats for bicycles, Bells for bicycles
Online sales services and Sale in shops, in relation to the following goods: Articles of clothing, Footwear, headgear and headwear, sports clothing, Wristbands, Sports socks, Peaked caps, hats, underwear, Jackets, Gloves for clothing, Waterproof clothing, Socks, board shorts, Tee-shirts, Pullovers, outdoor wear, Singlets
Online sales services and Sale in shops, in relation to the following goods: Bags for sports, Bags for sport and travelling bags for cyclists, Drinking flasks for travellers, Vacuum flasks
Business management, in relation to the following fields: land vehicles and fittings of the aforementioned
Business administration, in relation to the following fields: land vehicles and fittings of the aforementioned
Publicity services, in relation to the following fields: land vehicles and fittings of the aforementioned
Distribution of advertising flyers and leaflets, in relation to the following fields: land vehicles and fittings of the aforementioned.
The mark was filed in class 36 with following description of goods:
Insurance underwriting, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Financial management, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Financing services, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Payment processing, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Insurance consultancy, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Insurance information, in relation to the following fields: Land vehicles and Accessories to the aforesaid
Appraisal of used bicycles
Financing services for the purchase of bicycles
Hire-purchase financing of bicycles
Insurance underwriting, in particular: Warranty services for bicycles
Financial services relating to insurance for bicycles
Providing information relating to the appraisal of used automobiles
Financial guarantee services for the reimbursement of expenses incurred as a result of vehicle accident or breakdown.
The mark was filed in class 37 with following description of goods:
Maintenance of bicycles
Repair of bicycles
Overhaul of vehicles
Vehicle cleaning
Charging of electric vehicles
Refurbishment of vehicles
Painting of vehicles.
The mark was filed in class 39 with following description of goods:
Storage of vehicles
Transportation of vehicles
Transportation of vehicles
Vehicle rental
Recovery of vehicles
Transportation logistics
Packaging and storage of goods
Bicycle sharing services
Providing information relating to bicycle rental services.