The trademark OUTRACE was filed by DF Automotive GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 20, 2022, and received one opposition filed on December 14, 2022 by REAL AUTOMOVIL CLUB DE ESPAÑA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003185837 was refused according to Article 8(1)(b) EUTMR with decision issued on December 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Wheel trims
Rims for vehicle wheels
Wheel rim protectors for automobiles
Wheel rims [for automobiles]
Vehicle wheels
Ornamental hub caps for vehicles
Ornamental wheel covers for vehicles
Wheel covers [for vehicles]
Parts and fittings for vehicles
Balance weights for vehicle wheels.
The mark was filed in class 35 with Wholesale services relating to automobile parts and Retail services relating to automobile parts..
The mark was filed in class 37 with following description of goods:
Installation of automobile accessories
Vehicle tuning
Installation of parts for vehicles
Assembly [installation] of parts for vehicles
Assembly [installation] of accessories for vehicles.
The mark was filed in class 42 with Design of vehicles and vehicle parts and components.