The trademark EWS was filed by DB Cargo (UK) Holdings Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on May 16, 1999, and received one opposition filed on July 7, 1999 by null on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 1999
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Two renewals of the trademark were recorded, one on July 15, 2007, and the other one on May 7, 2018.
of the trademark registration was recorded on July 15, 2007. of the trademark registration was recorded on May 7, 2018. A transfer of the trademark registration was recorded on July 8, 2007. Appointment and Replacement of representative of the trademark registration was recorded on September 16, 2007. Change of name and address of the trademark registration was recorded on July 26, 2009. Appointment and Replacement of representative of the trademark registration was recorded on March 20, 2012. Change of name and address of the trademark registration was recorded on March 7, 2013. Change of name and professional address of the trademark registration was recorded on January 19, 2014. Change of name and professional address of the trademark registration was recorded on January 24, 2017. Change of name and professional address of the trademark registration was recorded on February 19, 2017. Change of name and professional address of the trademark registration was recorded on November 12, 2017.
The Appeal with reference B R0548/2002-2 was Opposition rejected according to Article 8(1)(b) CTMR with decision issued on November 24, 2003 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Management services
Business and management consultancy and research
Location of vehicles
Payroll preparation
Provision, selection and recruitment of personnel
Personnel consultancy Management services relating to transportation by land, sea and/or air
Arranging for the transportation of freight, mail, parcels, waste, goods, merchandise, minerals, materials, chemicals, fuels, passengers, luggage, containers, swapbody units, roadrailers, vehicles, piggyback units and/or road trailers
Collection, handling, loading, unloading, discharging, distribution and delivery of freight, mail, parcels, waste, goods, merchandise, minerals, materials, chemicals, fuels, luggage, containers, swapbody units, roadrailers, vehicles, piggyback units and/or road trailer units
Filling/emptying of vehicles and/or trains
Loading/unloading of vehicles and/or trains
Warehousing and/or storage services
Packaging and/or packing services
Refrigerated warehousing and/or storage services
Removal services
Provision, charter and/or rental of vehicles and/or trains
Recovery of vehicles and/or trains
Vehicle and/or train fuelling and refuelling services
Vehicle and/or train inspection services
Rail infrastructure train services
Intermodal terminal services
Intermodal transport/transportation services
Port services
Freight tracking, tracing and monitoring services
Shipping services
Ro-ro services
Stock control services
Break-bulk services
Depot and terminal operation services
Depot and terminal handling services
Marshalling services
Rolling stock management services
Vehicle and/or train storage and stabling services
Siding services
Reservation and booking services relating to freight and/or passenger transportation
Passenger services.
The mark was filed in class 37 with following description of goods:
Repair, servicing, maintenance, overhaul, modification, inspection, refurbishment, restoration and preservation services, all for vehicles and/or trains, instruments and apparatus and parts and fittings therefor
Arranging for the repair, maintenance, servicing, modification, inspection, overhaul, refurbishment, restoration and preservation of vehicles and/or trains, instruments and apparatus and parts and fittings therefor
Emergency vehicle and/or train repair services
Vehicle and/or train emergency repair services
Inspection and testing services for assessment for repair
Cleaning of vehicles and/or trains
Rental of maintenance equipment and maintenance vehicles and/or trains
Arranging for the transportation of freight, mail, parcels, waste, goods, merchandise, minerals, materials, chemicals, fuels, passengers, luggage, containers, swapbody units, roadrailers, vehicles, piggyback units and/or road trailers
Collection, handling, loading, unloading, discharging, distribution and delivery of freight, mail, parcels, waste, goods, merchandise, minerals, materials, chemicals, fuels, luggage, containers, swapbody units, roadrailers, vehicles, piggyback units and/or road trailer units
Filling/emptying of vehicles and/or trains
Loading/unloading of vehicles and/or trains
Warehousing and/or storage services
Packaging and/or packing services
Refrigerated warehousing and/or storage services
Removal services
Provision, charter and/or rental of vehicles and/or trains
Recovery of vehicles and/or trains
Vehicle and/or train fuelling and refuelling services
Vehicle and/or train inspection services
Rail infrastructure train services
Intermodal terminal services
Intermodal transport/transportation services
Port services
Freight tracking, tracing and monitoring services
Shipping services
Ro-ro services
Stock control services
Break-bulk services
Depot and terminal operation services
Depot and terminal handling services
Marshalling services
Rolling stock management services
Vehicle and/or train storage and stabling services
Siding services
Reservation and booking services relating to freight and/or passenger transportation
Passenger services
Information services relating to all of the aforesaid services.
The mark was filed in class 42 with following description of goods:
Consultancy and advisory services relating to repair, servicing, maintenance, overhaul, modification, inspection, refurbishment, restoration and preservation services, all for vehicles and/or trains, instruments and apparatus and parts and fittings therefor
Arranging for the repair, maintenance, servicing, modification, inspection, overhaul, refurbishment, restoration and preservation of vehicles and/or trains, instruments and apparatus and parts and fittings therefor
Emergency vehicle and/or train repair services
Vehicle and/or train emergency repair services
Inspection and testing services for assessment for repair
Cleaning of vehicles and/or trains
Rental of maintenance equipment and maintenance vehicles and/or trains
Vehicle and/or train approval services and vehicle and/or train testing services Research, consultation and advisory services relating to transportation by land, sea and/or air