The trademark UP TRAIL was filed by UP-TRAIL, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 26, 2022, and received one opposition filed on July 26, 2022 by Volkswagen Aktiengesellschaft on Likelihood of confusion. the opponent was represented by DENNEMEYER & ASSOCIATES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2022
The application was filed in Italian, and Italian 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:
Leather clothing for protection against accident or injury
Helmets for motorcyclists
Motorcycle goggles
Articles of protective clothing for wear by motorcyclists for protection against accident or injury
Protective helmets for motor cyclists
Protective and safety equipment
Helmets for bicycles
Visors for helmets
Navigation, guidance, tracking, targeting and map making devices
Cyclists' glasses
Boots [protective footwear]
Information technology and audio-visual, multimedia and photographic devices.
The mark was filed in class 12 with following description of goods:
Panniers for motorcycles
Saddlebags adapted for bicycles
Panniers adapted for motorcycles
Bags for bicycles
Rack trunk bags for bicycles
Rack trunk bags for motorcycles
Motorcycles
Cycle cars
Electric motor cycles
Motorcycles for motocross
Motor scooters
Parts and fittings for vehicles
Luggage carriers for cycles.
The mark was filed in class 25 with following description of goods:
Clothing
Sportswear
Caps being headwear
Braces [suspenders] for clothing
Footwear
Leisure shoes
Training shoes
Walking shoes
Sports socks
Headgear
Snow suits
Motorcycle riding suits
Sweat shirts
Jackets [clothing]
Sports jackets
Motorcycle jackets
Motorcycle gloves
Winter gloves
Cycling gloves
Motorcyclists' clothing of leather
Sports pants
Moisture-wicking sports pants
Parts of clothing, footwear and headgear
Polo shirts
Neck warmers
Shoes
Boots for motorcycling
Tee-shirts
Waterproof suits for motorcyclists
Leather suits.
The mark was filed in class 35 with following description of goods:
Import-export agency services
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Dissemination of advertisements
Dissemination of advertising via online communications networks
Dissemination of advertising, marketing and publicity materials
Dissemination of advertising matter
Dissemination of advertising material [leaflets, brochure and printed matter]
Dissemination of advertising and promotional materials
Dissemination of advertising matter online
Dissemination of advertisements via the Internet
Business advice relating to franchising
Business management advisory services relating to franchising
Business management
Marketing
Production of advertising material
Production of advertising matter and commercials
Production of visual advertising matter
Retail services in relation to bags
Retail services in relation to vehicles
Retail services in relation to sporting articles
Retail services in relation to sporting equipment
Wholesale services in relation to navigation devices
Wholesale services in relation to vehicles
Wholesale services in relation to sporting articles
Wholesale services in relation to sporting equipment
Wholesale services in relation to clothing
Import agency services
Retail services in relation to clothing accessories
Retail store services in the field of clothing
Retail services connected with the sale of clothing and clothing accessories