The trademark OTTOMOBIL was filed by Innomark Gesellschaft für Entwicklung innovativer Namen für neue Produkte Dienstleistungen und Unternehmen mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 25, 2001, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on May 24, 2001 by Otto (GmbH & Co KG) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WHITE & CASE LLP and its proceedings were handled in German The second opposition filed on May 17, 2001 by Molla Julia, Jose on Likelihood of confusion. the opponent was represented by J. LOPEZ PATENTES Y MARCAS, S.L. and its proceedings were handled in French
The application was filed in German, and German was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 22, 2003.
The Opposition with reference B 000394553 was refused according to Article 8(1)(b) CTMR with decision issued on December 14, 2003 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Parts for land, air and water vehicles.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Organisation of trade fairs and exhibitions, included in class 35
Temporary employment agencies
Drawing up of statistics
Bookkeeping
Auctioneering services
Business investigations
Marketing
Market research and market analysis
Opinion polling
Shop-window dressing
Business advice
Organization consultancy
Business consultancy and advisory services
Personnel consultancy
Office machines and equipment rental
Arranging and concluding commercial transactions for others
Arranging contracts for the buying and selling of goods
Distribution of goods for advertising purposes
Document reproduction
Advertising
Advertising
Radio and television advertising
Cinema advertising.
The mark was filed in class 37 with following description of goods:
Demolition
Sealing
Electrical installation
Facade cleaning
Heating construction
Tile-laying
Floor-laying
Building dehumidification
Scaffolding
Glazing
Structural and civil engineering
Or excavation
Bridge construction
Permanent ways for railways
Plastering and tile laying
Repairs to buildings
Sports ground construction
Road building
Tunnel construction
Hydraulic engineering
Industrial furnace construction
Installation and assembly of lighting apparatus, lightning protection installations, earthing installations, radio and communications devices, heating, ventilating and air-conditioning apparatus, refrigerating apparatus, machine installations for industrial purposes, sanitary installations
Insulation construction
Plumbing and gas and water installation
Painting, lacquering and paper hanging
Pipeline laying
Cleaning of buildings, chimneys, drains, automobiles, textiles
Repair and maintenance of clothing, electrical engineering goods, mechanical engineering goods for industrial purposes, bicycles, precision-engineering goods, technical sanitary apparatus, rubber goods, heating, air-conditioning, refrigerating and ventilating apparatus, automobiles, aircraft, mechanical apparatus and devices for medical and orthopaedic purposes, photographic, projection and cinematographic apparatus, upholstery, ships, shoes, clocks and watches, heating technology installations
Shipbuilding
Rental of machines, tools and apparatus for building construction
Destroying vermin and weed killing
Carpentry and timber lamination, or construction of roof timbering