The trademark was filed by MV AGUSTA MOTOR S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 7, 2009, and received one opposition filed on September 7, 2009 by Kay, Mark David on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2009
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on April 16, 2019.
Change of name and professional address of the trademark registration was recorded on January 4, 2011. Creation of rights in rem of the trademark registration was recorded on February 9, 2015. Change of name and professional address of the trademark registration was recorded on January 2, 2018. Modifications to entries of the trademark registration was recorded on December 19, 2019. Appointment and Replacement of representative of the trademark registration was recorded on March 22, 2020. Change of name and professional address of the trademark registration was recorded on April 6, 2020.
The Opposition with reference B 001549800 was rejected according to Article 8(1)(b) CTMR with decision issued on February 20, 2013 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus.
The mark was filed in class 12 with Vehicles and apparatus for locomotion by land, air or water..
The mark was filed in class 14 with Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes, jewellery, precious stones and horological and chronometric instruments..
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes
Animal skins, hides, trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes