The trademark EVOLV was filed by Mountain Experience Beteiligungs-Holding GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 1, 2022, and received one opposition filed on November 1, 2022 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 November 1, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Underwear
Sportswear
Fleeces
Outdoor windbreaker jacket
Sweatproof underwear
Layettes [clothing]
Waterproof clothing
Casual shoes
Hiking shoes
Walking shoes
Climbing shoes
Boots for sports
Running shoes
Boots
Spats
Ski boots
Shoes for mountaineering
Footwear
Headgear for wear
Visors [headwear]
Headbands [clothing]
Headwear
Socks
Knee socks
Hosiery
Gloves [clothing]
Scarfs
Head scarves
Bandanas [neckerchiefs]
Girdles
Belts [clothing]
Sleep masks
Rock climbing shoes
Rock climbing specific footwear
Headgear
Weather-resistant outdoor clothing
Gym suits
Articles of clothing for mountain climbing
Clothing for rock-climbers
Neck scarves [mufflers]
Caps [headwear]
Caps with visors
Waterproof shoes
Leisure shoes
Mountaineering shoes
Mountaineering boots
Athletics shoes
Waterproof boots
Boots for climbers
Gaiters
Bags for boots.
The mark was filed in class 28 with following description of goods:
Bags for storing climbing ropes
Climbing belts (sporting articles)
Climbers' harnesses (sporting articles)
Mountaineering articles
Spring loaded camming devices
Climbing belts
Climbing cams
Binding straps
Shoulder and elbow protective brace (sports)
Ascenders
Artificial climbing walls
Games
Toys
Body-training apparatus
Elbow guards [sports articles]
Knee guards [sports articles]
Sports wrap belts
Christmas trees of synthetic material
Fishing tackle
Tapes for climbing
Climbing chalk
Chalk bags for climbers
Climbing holds and climbing boards
Sporting articles included in class 28
Sports equipment
Gymnastic articles
Wrist guards (sports articles)
Forearm guards [sports articles]
Shin guards [sports articles]
Harnesses for use in sports
Climbers' harness
Ascenders [mountaineering equipment]
Chalkbags
Bags for holding climbing ropes
Artificial climbing walls
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising
Reality model window display service
Presentation of goods on communication media, for retail purposes
Exhibition of products
Business Management Consulting
Advice on business organization and management
Business management assistance
Business management consultancy
Commercial or industrial management assistance
Administration of consumer loyalty programs
Business data analysis
Business research
Market research and business analysis
Providing business information
Organisation of commercial or advertising exhibitions and trade fairs
Provision of commercial and business contact information
Commercial intermediation services
Public relations
Marketing
Sales promotion for others
Procurement services for others [purchasing goods and services for other businesses]
Sponsorship search
Marketing services
Promotional services
Public relations services
Business management
Business administration
Advice relating to the organisation and management of business
Business analysis, research and information services
Display services for merchandise
Organisation of exhibitions and trade fairs for business and promotional purposes
Product demonstrations and presentations, including via the internet
Commercial services and consumer information, namely organizing business contacts, procurement services, for others, negotiation and brokerage services
Business project management
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: clothing for protection against injury
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Bags
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Rucksacks, Water carrier systems adapted for rucksacks, Waist bags, Duffel bags, Sport bags, Travelling bags, shoe bags for travel, Courier bags, trekking sticks, Umbrellas, Parasols, Wallets
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Purses, Credit card cases (pocket wallets), Cases for business cards, Key cases, Baby backpacks, Pouch baby carriers, Wash bags for carrying toiletries, Toiletry begs, Sold empty, Sleeping mats, air mattresses, not for medical purposes
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Mattresses, Containers for beverages, drinking flasks, Drinking bottles for sports, Lunch boxes
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: insulating flasks, Heat-insulated containers for foodstuffs, ropes, straps, Climbing ropes, Climbing ropes, Rope bags, Nets, Groundsheets, Ribbons, not of metal
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: sacks, Bags for storage purposes, Sleeping bags for climbers
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: sacks being covers for sleeping bags, Bags specifically designed for sleeping bags, Clothing, Footwear, Headgear, Hosiery, underclothes, Weatherproof outdoor clothing, Sportswear
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Clothing for mountaineering, Clothing for climbers, Polar clothing, Girdles, Belts (clothing), gloves [clothing], Scarves, Peaked caps, Peaked caps, Headbands (clothing), headscarves, Bandanas, Balaclava hats, Socks, knee-high stockings, Waterproof shoes
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: Casual shoes, Mountaineering shoes, Footwear for hiking, Rock climbing shoes, Footwear for sports, running shoes, Boots, Waterproof boots, Boots for climbers, gaiters, games, playthings, Sporting articles, Sports equipment, Appliances for gymnastics
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: elbow guards [sports articles], Knee guards [sports articles], Wrist guards [sporting articles], Forearm guards [sports articles], leg weights [sports articles], Harnesses for use in sports, Climbers' harnesses [sports articles]
Retailing and wholesaling and online and mail order sale, all in respect of the following goods: chalk bags, bags for holding climbing ropes, artificial climbing walls, parts and fittings for all the aforesaid goods.