The trademark AERO TRUCK was filed by Aero Truck 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 December 12, 2021, and received one opposition filed on February 23, 2022 by GEMBALLA AG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MS Concept Rechtsanwaltsgesellschaft mbH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Actuators for vehicles
Motors for aerodynamic control systems for vehicles
Motors for reducing the aerodynamic drag on vehicles
Motors and actuators for use in drag aerodynamic systems for vehicles
Motors and actuators for use in drag reduction systems for vehicles
Parts and fittings for all of the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Electronic control systems for vehicles
Vehicle control software
Software for electronic control systems for vehicles
Software for use in drag aerodynamic systems for vehicles
Computer software for mobile applications that enable interaction and interface between vehicles and mobile devices
Electronic systems for improving the aerodynamic performance of vehicles
Electronic systems for reducing the aerodynamic drag on vehicles
Parts and fittings for all of the aforesaid goods.
The mark was filed in class 12 with following description of goods:
Aerodynamic fairings for vehicles
Aerodynamic attachments for vehicle bodies
Air flow spoilers
Air deflectors for vehicles
Wind deflectors for vehicles
Panels for vehicle bodies [shaped]
Roof panels for land vehicles
Systems in the nature of vehicle body parts for improving the aerodynamic performance of vehicles
Systems in the nature of vehicle body parts for reducing the aerodynamic drag on vehicles
Linear motors for land vehicles
Parts and fittings for all of the aforesaid goods
None of the aforesaid being for or relating to cars.
The mark was filed in class 37 with following description of goods:
Assembly [installation], maintenance and repair of parts for vehicles
Installation, maintenance and repair of aerodynamic systems for vehicles
Installation, maintenance and repair of aerodynamic fairings for vehicles
Installation, maintenance and repair of aerodynamic attachments for vehicle bodies
Installation, maintenance and repair of air flow spoilers for vehicles
Installation, maintenance and repair of air deflectors for vehicles
Installation, maintenance and repair of wind deflectors for vehicles
Information, consultancy and advice related to all of the aforesaid services.
The mark was filed in class 40 with following description of goods:
Custom manufacture of parts for vehicles
Custom manufacture of aerodynamic systems for vehicles
Custom manufacture of aerodynamic fairings for vehicles
Custom manufacture of aerodynamic attachments for vehicle bodies
Custom manufacture of air flow spoilers for vehicles
Custom manufacture of air deflectors for vehicles
Custom manufacture of wind deflectors for vehicles
Information, consultancy and advice related to all of the aforesaid services.
The mark was filed in class 42 with following description of goods:
Aerodynamics research and development
Fluid dynamics research and development
Automotive research and development
Design, development, testing and analysis of parts of motor vehicles
Design, development, testing and analysis of aerodynamic systems for vehicles
Design, development, testing and analysis of aerodynamic fairings, aerodynamic attachments, spoilers, air deflectors, wind deflectors for vehicles
Air flow component testing services
Information, consultancy and advice related to all of the aforesaid services.