The trademark VOLITO was filed by Volito AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on October 19, 2022, and received one opposition filed on January 19, 2023 by Volvo Trademark Holding AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOERR ALICANTE IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2023
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Machine-shop tools
Motors (not for vehicles)
Machine coupling and transmission parts (not for vehicles)
Belt conveyors
Aircraft engines
Moulds (machine components)
Generators for power production
Jet motors not for vehicles
Lifting devices
Machine tools
Motors and engines (except for land vehicles)
Machine coupling and transmission components (except for land vehicles)
Belt conveyors
Aeronautical engines
Moulding dies -parts of machines
Current generators
Jet engines other than for land vehicles
Elevating apparatus
Process control instruments [hydraulic]
Hydraulic pumps
Hydraulic actuators
Hydraulic accumulators
Hydraulic rams
Hydraulic jacks
Hydraulic hoists
Process control units [hydraulic]
Hydraulic tools
Hydraulic tools (parts of machines)
Hydraulic valves
Self-propelled hydraulic platforms
Hydraulic intensifiers being parts of machines
Hydraulic accumulators being parts of machines
Servo-controlled hydraulic pumps
Controls (Hydraulic -) for machines, motors and engines
Hydraulic valve actuators
Mechanical and hydraulic lifts
Mobile aerial work platforms [hydraulic]
Hydraulic presses [for metalworking]
Hydraulic controls for machines
Hydraulic controls for motors
Hydraulic transmissions, other than for land vehicles
Couplings of metal for hydraulic apparatus
Rotary hydraulic motors [other than for land vehicles]
Hydraulic torque converters [machine elements not for land vehicles]
Hydraulic door openers and closers [parts of machines]
Gear boxes for hydraulic transmissions [other than for land vehicles]
Hoses (Metal -) for use in hydraulic systems in machines
Swaging machines for use in the assembly of hydraulic hoses
Swaging machines for use in the preparation of hydraulic hoses
Hoses (Non-metallic -) for use in hydraulic systems in machines
Process control instruments [pneumatic]
Pneumatic actuating apparatus
Pneumatic pumps
Process control units [pneumatic]
Pneumatic transporters
Pneumatic jacks
Pneumatic door openers and door closers
Pneumatically operable valves
Industrial pneumatic tools
Pneumatic tools [machines]
Pneumatically driven machines
Pneumatically driven presses
Pneumatic lifting apparatus [machines]
Hoses, not of metal, for pneumatic tools
Tube conveyors, pneumatic
Pneumatic fuel injectors for engines
Pneumatic valve actuators
Couplings for pneumatic apparatus
Pneumatic actuators for control valves
Industrial process controllers [pneumatic]
Mechanical and pneumatic hoisting apparatus
Pneumatically operated lifting jacks [machines]
Valves operated automatically by pneumatic control
Pneumatic controls for motors
Pneumatic controls for machines
Pneumatic door openers and closers [parts of machines]
Electric powertrains for vehicles (not land vehicles) and machines
Electric power takeoff for machines and vehicles (not land vehicles).
The mark was filed in class 12 with following description of goods:
Vehicles and crafts, vehicles for transport on land, in the air or on water
Aircraft
Goods carts
Jet motors for vehicles
Propellers
Hydraulic turbines for land vehicles and Boats
Hydraulic rotary shock absorbers for vehicles and Boats
Hydraulic clutches for land vehicles and Boats
Hydraulic transmissions for land vehicles and Boats
Rotary hydraulic motors for land vehicles and Boats
Hydraulic connectors for vehicles and Boats
Hydraulic couplings for land vehicles and Boats
Hydraulic power transmission units for land vehicles and Boats
Hydraulic torque converters for land vehicles and Boats
Hydraulic control systems for vehicles and Boats
Hydraulic rotary shock absorbers for vehicles and boats
Hydraulic couplings with integral dampers, for land vehicles and boats
Hydraulic servo valves being parts of hydraulic systems for vehicles and boats
Hydraulic servo valves being parts of braking systems for vehicles and boats
Electric powertrains for land vehicles
Electric power take-off for land vehicles.
The mark was filed in class 35 with following description of goods:
Advertising and publicity activities
Business management
Business administration
Office services
Business information
Professional business consultations
Business inquiries and investigations
Import- export agencies
Import and retailing relating to hydraulic and pneumatic pumps, motors and engines, instruments, machines, engine parts and machine parts, hydraulic hoses, industrial hoses, clutches, quick-release couplings, pumps, regulators, control systems, valves, cylinders, measuring equipment, lubricating oil systems, radiators, accumulators, assemblies, systems and filters
Retail services relating to electric powertrains for vehicles and machines, electric power take-off for machines and vehicles, batteries, drive lines, electric engines, engine stearings, stearing systems and gears.
The mark was filed in class 36 with following description of goods:
Real estate agencies
Real estate agency services
Real estate brokerage
Leasing of real estate, buildings, houses and flats
Real estate appraisal
Real estate management
Renting of offices, flats and houses (real estate)
Financial appraisals
Managements of funds
Financial management of movables
Financial management of real estate
Securities brokerage
Security brokerage services
Mutual funds
Brokerage with regard to the trading of bonds and other interest-bearing securities
Fund investments
Financing services
Financial analysis
Financial services
Insurance business financing activities
Monetary services
Financial analyses
Factoring
Leasing of solid and personal property
Real estate administration
Financial administration
Capital investment
Business development
Financial services relating to aircrafts: provision of aircraft financing
Financial services relating to the purchase and leasing of aircraft
Brokerage services relating to the purchase and leasing of aircraft.
The mark was filed in class 37 with following description of goods:
Construction relating to hydraulic and pneumatic machines and apparatus and lubricating oil systems
Renovation, installation, repair, servicing and maintenance of hydraulic and pneumatic machines and apparatus, and lubricating oil systems
Installation, service, maintenance and repair of electric power take-off
Installation, service, maintenance and repair of electric powertrains for vehicles and machines
Maintenance and repair of aircrafts.
The mark was filed in class 39 with following description of goods:
Transport
Packing and storage of goods
Air traffic activities, including development, rental and supplying of aircraft and air ship equipment
Power distribution
Freighting
Transports
Hiring-out of storerooms
Air transports
Warehousing
Freight and transport brokerage
Transport of travellers, arranging of journeys.
The mark was filed in class 40 with Manufacture relating to hydraulic and pneumatic machines and apparatus, and lubricating oil systems, for others and Custom assembling of electric powertrains for vehicles and machines and electric power take-off for machines and vehicles..
The mark was filed in class 42 with following description of goods:
Industrial design
Engineering services
Legal services
Licensing of intellectual property rights
Computer systems analyses
Computer programming
Technical research
Research and development services
Hiring-out of computers and computer programs
Technical research
Research and development relating to hydraulic and pneumatic machines and apparatus, and lubricating oil systems
Development and design of electric powertrains for vehicles and machines and electric power take-off for machines and vehicles.