The trademark Rock Racing was filed by Rock Racing World S.A., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on October 6, 2022, and received one opposition filed on December 29, 2022 by Better World - Comunicacão, Publicidade e Entretenimento, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by water
Apparatus for locomotion by air
Apparatus for locomotion by land
Bottle cages for bicycles
Water bottle cages for bicycles
Spokes for bicycle wheels
Bicycle handle bars
Chains [bicycle parts]
Cycle stands
Mountain bikes
Bicycle stands
Hubs for bicycles
Brake shoes [bicycle parts]
Change-speed gears [bicycle parts]
Bicycle trailers (riyakah)
Tyres for bicycles, cycles
Rims for bicycle wheels
Stands for bicycles [parts of]
Stands for bicycles, cycles [parts of bicycles, cycles]
Touring bicycles
Bicycle handlebar grips
Bicycle racks [carriers]
Bicycle racks for vehicles
Carrying racks for bicycles
Wheels being parts of bicycles
Cycle cars
Metal bells for bicycles
Disk wheels [bicycle parts]
Cycle brakes
Cycle bells
Bicycle saddles
Covers for bicycle saddles
Wheels for bicycles, cycles
Saddle covers for bicycles or motorcycles
Inner tubes [for two-wheeled motor vehicles or bicycles]
Frames, for luggage carriers, for bicycles
Cycle frames
Drive chains [bicycle parts]
Handlebars [bicycle parts]
Bicycle chains
Bicycle bells
Derailleurs for bicycles
Delivery bicycles
Baskets adapted for cycles
Bags for bicycles
Saddles for bicycles, cycles or motorcycles
Saddles for bicycles
Water bottle holders for bicycles
Bicycle seat posts
Bicycle wheels
Stabilisers [wheels] for use on bicycles
Handlebars for bicycles, cycles
Mudguards for two-wheeled bicycles
Mudguards for two-wheeled motor vehicles or bicycles
Cycle rims
Inner tubes for bicycles, cycles
Cycle mudguards
Cycle pumps
Sprockets [bicycle parts]
Cycle spokes
Mudguards for bicycles
Bicycle mudguards
Splash guards [mudguards] for bicycles
Bag carriers for cycles
Tubeless tyres for bicycles
Cycle chains
Toe straps for use on bicycles
Direction signals for bicycles
Gears for cycles
Cycles/bicycle spokes/cycle spokes
Handle bar ends [bicycle parts]
Bicycle frames
Pumps for inflating bicycle tyres
Handle bar stems (bicycle parts)
Kickstands for bicycles
Motorised bicycles
Chains for driving cycles
Fittings for bicycles for carrying luggage
Luggage carriers for bicycles
Bicycle sprockets
Mountain bicycles
Brakes (bicycle parts)
Equipment for repairing bicycle tyre punctures
Tandem bicycles
Cycle handle bars
Motors for cycles
Cycle saddles
Fittings for bicycles for carrying beverages
Saddle covers for bicycles
Cycles
Fork crown covers (bicycle parts)
Gear wheels (bicycle parts)
Brake levers for cycles
Direction indicators for cycles
Direction indicator signals for cycles
Cycle hubs
Pedal cycles
Pedal bicycles
Bicycle horns
Drive trains [bicycle parts]
Dress guards for bicycles, cycles
Bicycle training wheels
Bicycle saddle covers
Tubeless tires [tyres] for bicycles, cycles
Air pumps for bicycles for the inflation of tyres
Direction indicators for bicycles
Forks (bicycle parts)
Cranks for cycles
Pedals for cycles
Pedals for bicycles
Road racing bicycles
Racing bicycles
Bags (panniers) for bicycles.
The mark was filed in class 18 with following description of goods:
Backpacks
Knapsacks
Tote bags
Duffle bags
Garment bags
Fanny packs
Suitcases
Briefcases
All purpose sporting bags
Soft luggage
Luggage cases
Day packs
Frame packs
Bookbags
Clothing bags
Leather and imitations of leather
Animal skins
Trunks and suitcases, handbags, travel bags, rucksacks, small extra-flat attaché cases for carrying documents, travelling sets (leatherware), shopping bags
Wheeled shopping bags, bags for climbers, school bags, school satchels, bags for campers, beach bags, bags (envelopes, pouches) of leather for packaging, garment bags for travel, pocket wallets, purses, not of precious metals
Credit card cases
Calling card cases
Business card cases
Umbrellas
Parasols
Walking sticks
Saddlery
Whips
Harnesses.
The mark was filed in class 25 with following description of goods:
Footwear
Clothing
Headgear
Cycling shoes
Cycling shorts
Bicycle gloves
Cycling shirts
Cycling pants
Cyclists' clothing.
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting articles not included in other classes
Athletic protective wrist pads for cycling
Stationary exercise bicycles
Bicycles (Stationary exercise -)
Exercise bicycles (Stationary -)
Protectors for elbows for use when cycling (sporting articles)
Knee guards (sports articles) for cycling
Athletic protective arm pads for cycling
Athletic protective elbow pads for cycling.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services in relation to clothing accessories
Trade marketing [other than selling]
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Managing a retail business for others
Business management consulting with relation to strategy, marketing, production, personnel and retail sale matters
Market analysis services relating to the sale of goods
Recruitment of sales and marketing staff
Electronic commerce services, Namely providing information about products via telecommunication networks for advertising and sales purposes
Preparation of mailing lists for direct mail advertising services [other than selling]
Presentation of goods on communications media, for retail purposes
Communication media (Presentation of goods on -), for retail purposes
Retail purposes (Presentation of goods on communication media, for -)
Promoting the sale of services for others through management of advertisement
Retail store services in the field of clothing
Presentation of goods on communication media for retail purposes.
The mark was filed in class 41 with following description of goods: