The trademark NOW YOU CAN was filed by Volkswagen Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 14, 2019, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on May 13, 2019 by AXA on Likelihood of confusion. the opponent was represented by MARCHAIS & ASSOCIÉS and its proceedings were handled in English The second opposition filed on May 9, 2019 by Savant Systems, Inc. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English The third opposition filed on May 7, 2019 by RTL interactive GmbH on Likelihood of confusion. the opponent was represented by GÖRG Partnerschaft von Rechtsanwälten mbB and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018018954 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on April 9, 2024 by the EUIPO. The Refusal with reference B 018018954 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 5, 2023 by the EUIPO. The Opposition with reference B 003083329 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 23, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Information technology and audiovisual equipment
Magnets, magnetizers and demagnetizers
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Diving equipment
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Scientific research and laboratory apparatus, educational apparatus and simulators
Scientific, nautical, surveying, photographic, cinematographic, electric weighing, measuring, signalling, checking (supervision), life-saving apparatus and instruments, included in class 9
Contact lenses and eyeglasses, Spectacle cases, Binoculars, optical magnifiers
Sunglasses
Vehicle breakdown warning triangles
Warning lamps for vehicles (not parts of vehicles)
Electric batteries and parts therefor, electric accumulators and parts therefor, fuel cells and parts therefor, solar batteries
Batteries, electric, for vehicles
Batteries, electric, for vehicles
Chargers for electrical batteries
Burglar alarm apparatus, Fire alarm apparatus, Smoke alarms, Gas escape warning apparatus
Anti-theft warning apparatus
Fire extinguishers
Scales
Spirit levels
Compasses for measuring
Rulers [measuring instruments], Acid hydrometers
Quantity indicators
Electronic control apparatus and power/voltage supply apparatus for vehicle headlights and vehicle lights and respective parts therefor, light-emitting diodes (LED), electronic power regulators
Electrical and electronic control apparatus and instruments
Simulators for the steering and control of vehicles
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission and/or reproduction of sound and/or images, magnetic, electronic and optical data carriers, recording discs, compact discs, DVDs and other digital recording media, sound recording carriers, coin-operated juke boxes, compact discs (read-only memory), downloadable music files, headphones, loudspeakers, cabinets for loudspeakers, luminous signs, compact disc players, DVD players, video telephones, phototelegraphy apparatus
Magnetic cards, integrated circuit cards (smart cards), encoded telephone cards
Coin-operated mechanisms
Automatic teller machines
Cash registers, Calculators, Data processing equipment, Computers, Electronic agendas, Facsimile machines, Monitors (computer hardware and programs), Computer peripheral devices, Computer programs for use in autonomous driving of vehicles, Computer programs for use in the autonomous navigation of vehicles, Computer programs for use in autonomous control of vehicles
Computer programs, recorded and downloadable, in particular data collections in electronic form, computer software, application software
Pocket calculators
Electronic publications, downloadable
Downloadable image files
Crash test dummies
Microscopes
Cables, electric
Sockets, plugs and other contacts [electric connections]
Igniting apparatus, electric, for igniting at a distance
Radiological apparatus for industrial purposes
Head protection
Locks, electric
Electronic controllers and electronic control systems
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods in this class relating to the use of radio, television, streaming, video-on-demand services and audio-on-demand services.
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Vehicles for locomotion by land, air, water or rail, and parts therefor
Motorised land vehicles
Autonomous cars
Motors and drives for land vehicles
Propulsion mechanisms for land vehicles
Chassis for vehicles
Vehicle superstructures for vehicles
Couplings for land vehicles
Suspension shock absorbers for vehicles
Shock absorbing springs for vehicles
Pneumatic tyres
Tyres for vehicle wheels
Rims for vehicle wheels
Solid rubber tyres for vehicle wheels
Vehicle wheels
Hubs for vehicle wheels
Inner tubes for pneumatic tyres
Repair outfits for inner tubes, adhesive rubber patches for repairing inner tubes, studs for tyres, snow chains
Non-skid devices for vehicle tyres
Vehicle seats
Rearview mirrors
Head-rests for vehicle seats
Anti-theft alarms for vehicles, anti-theft devices for vehicles
Cigar lighters for automobiles
Automotive vehicles
Cars
Lorries
Trailers and semi-trailers for vehicles, trailer hitches for vehicles
Omnibuses
Motorcycles
Mopeds
Bicycles
Cable transport apparatus and installations
Carts, shopping trolleys, baggage trolleys
Aircraft
Boats, ships
Locomotives
Motor buses
Caravans
Tractors
Two-wheeled vehicles, scooters (vehicles)
Chair lifts, cable cars
Wheelchairs
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, included class 16
Works of art and figurines of paper and cardboard, and architects' models
Decoration and art materials and media
Filtering materials of paper
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Bookbinding material
Photographs [printed]
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters, writing implements and office requisites, except furniture
Plastic materials for packaging, included in Class 16
Type [numerals and letters]
Printing blocks
Atlases, calendars, geographical maps
Printed publications
Printed advertising matter and printed publicity
Photographs [printed]
Document holders [stationery]
Pencils (stationery)
Ball point pens and pencils
Banners and flags of paper
Table napkins of paper
Copying paper [stationery]
Hygienic papers
Packing paper
Ink
Stamps [seals]
Drawing instruments
Drawing materials
(except apparatus)
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods in this class relating to the use of radio, television, streaming, video-on-demand services and audio-on-demand services.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for land vehicles, vehicle superstructures and tyres for vehicle wheels
Retailing and wholesaling for mail order relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis, vehicle superstructures and tyres for vehicle wheels
Retailing and wholesaling via the internet relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels
Retailing and wholesaling by means of teleshopping channels relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels
The bringing together, for the benefit of others, of a variety of motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels (excluding the transport thereof), enabling customers to conveniently view and purchase those goods
Arranging of contracts, for others, for the buying and selling of motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles or vehicle superstructures and tyres for vehicle wheels
Business administration and organisational administration of vehicle fleets, for others
Commercial information and advice for consumers [consumer advice shop]
Administrative processing of orders (office functions)
Arranging of contracts for others for the buying and selling of goods
Consultancy and assistance with regard to the management and organisation of commercial and business enterprises
Advertising
Business management
Business administration
Office functions
Personnel management consultancy, business consultancy, Organisation of exhibitions for commercial or advertising purposes, News clipping services
Presentation of goods on communication media, for retail purposes
Public relations services
Auctioneering services
Sales promotion for others
Personnel recruitment
Relocation services for businesses
Administrative processing of purchase orders
Book-keeping
Sponsorship search
None of the aforesaid services in this class relating to the use of radio, television, streaming, video-on-demand services and audio-on-demand services.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunication services
News agencies, News agency services, Telecommunications by means of platforms and portals on the Internet, providing access to information on the Internet, Electronic exchange of messages via chat lines, chatrooms and Internet forums, Transmission of electronic mail, Rental of telecommunication equipment, Transmission of electronic mail
Information about telecommunication
Providing user access to global computer networks
Providing telecommunications connections to a global computer network
Providing user access to computer programmes in data networks
Providing internet chatrooms
Providing video conferencing services
Wireless mobile phone services
Computer aided transmission of messages and images
Paging services [radio, telephone or other means of electronic communication]
Satellite transmission
Telephone services
Telephone exchange services
Message sending
Rental of telecommunication facilities
Rental of message sending apparatus
Rental of access time to global computer networks
Providing access to databases
Telematics services
Telematic communication services
Telematic data transmission and file transfer
Consultancy and information in relation to the aforesaid services, included in this class
None of the aforesaid services in this class relating to the use of radio, television, streaming, video-on-demand services and audio-on-demand services.
The mark was filed in class 41 with following description of goods:
Publishing and reporting
Translation and interpretation
Sporting and cultural activities
Arranging and conducting of cultural and/or sports events
Promotion of up-and-coming talent through the providing of training and further training
Presentation of live performances
Playing games on computer networks and on the Internet
Organization of competitions [education or entertainment]
Organization of sports competitions
Library services
Publication of books
Online publication of electronic books and journals
Club services [entertainment or education]
Animal training
Organization of lotteries
None of the aforesaid services in this class relating to the use of radio, television, streaming, video-on-demand services and audio-on-demand services.