The trademark GRIP was filed by BADX GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on April 28, 2022, and received one opposition filed on July 28, 2022 by COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS MICHELIN on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003175574 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Industrial chemicals.
The mark was filed in class 7 with following description of goods:
Transmission chains, other than for land vehicles
Exhaust manifold for engines
Exhausts for motors and engines
Joints [parts of engines]
Pressure valves [parts of machines]
Radiators [cooling] for motors and engines
Bearings [parts of machines]
Mufflers for motors and engines
Fans for motors and engines
Kick starters for motorcycles
Machine tools
Tools [parts of machines]
Automatic tire removing and installing devices
Machines and machine tools for treatment of materials and for manufacturing
Pumps, compressors and blowers
Exhaust mufflers being parts of exhaust systems.
The mark was filed in class 8 with following description of goods:
Handles for hand-operated hand tools
Spanners [hand tools]
Tool bags [filled]
Pearl catchers [hand-operated tools]
Tyre removers [hand operated tools]
Socket wrenches [hand operated tools]
Ratchets [hand tools]
Socket sets [hand-operated tools]
Hand tools and implements [hand-operated]
Mousse drills
Valve drawing tools
Tools and implements, for use in the following fields: Tyre fitting
Crow bars
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Lifting tools
Emergency and rescue hand tools.
The mark was filed in class 9 with following description of goods:
Head guards for sports
Helmets for use in sports
Helmets for motorcyclists
Sunglasses
Goggles for sports
Protective clothing, for use in the following fields: Motorcycling
Protective helmets for motorcyclists
Safety clothing, for use in the following fields: Motorcycling
Protective clothing [body armour]
Articles of protective clothing for wear by motorcyclists for protection against accident or injury
Protective helmets for motor cyclists
Protective equipment for motorsports.
The mark was filed in class 12 with following description of goods:
Powertrains, including engines and motors, for land vehicles
Machine couplings and transmission components for land vehicles
Vehicle parts for land vehicles
Saddle covers for motorcycles
Brake discs for vehicles
Vehicle wheels
Vehicle wheel spokes
Motorcycle chains
Inner tubes for pneumatic tyres
Vehicle parts for motorcycles
Motorcycles
Motorcycle saddles
Tyres for motorcycles
Chains for driving motorcycles
Motorcycle grip tape
Panniers for motorcycles
Luggage carriers for motorcycles
Mudguards for motorcycles
Tool boxes, for use in relation to the following goods: Motorcycles
Motorcycle engines
Parts of motors and engines and Parts of engines, for use in relation to the following goods: Vehicles for use on land
Parts of motors and engines, for use in relation to the following goods: Motorcycles.
The mark was filed in class 16 with following description of goods:
Disposable products made of paper, Namely bibs of paper, handkerchiefs and table linen made of paper
Paper and cardboard
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Brushes for the application of paints.
The mark was filed in class 17 with following description of goods:
Rubber material for recapping tyres
Adhesive tapes
Plastic film
Elastomers
Weatherstripping compositions
Water-tight rings
Rings of rubber
Insulating materials
Shock absorbent padding of rubber
Padding materials of rubber or plastics
Gum, raw or semi-worked
Rubber or plastic packaging
Flexible hoses, not of metal
Synthetic rubber, semi-processed plastics
Clack valves of rubber
Rubber, raw or semi-worked
Valves of vulcanised fibre
None of the aforesaid goods being for flat or laid non-conducting materials for retaining heat or soundproofing materials, for footfall noise insulation or in the form of insulating underlays for parquet and laminated flooring.
The mark was filed in class 18 with following description of goods:
Luggage
Straps for luggage
Travelling trunks
Luggage tags
Business card cases
Pocket wallets
Card wallets [leatherware]
Clutch bags
Boxes made of leather
Umbrellas
Bags
Bags for sports.
The mark was filed in class 22 with following description of goods:
Awnings for tents
Tarpaulins, awnings, tents, and unfitted coverings
Drop cloths [textile]
Sails
Padding and stuffing materials (except of paper, cardboard, rubber or plastics).
The mark was filed in class 25 with following description of goods:
Parts of clothing, footwear and headgear
Footwear
Clothing
Jerseys [clothing]
Sportswear
Headgear
Rain hats
Waterproof trousers
Rainproof jackets
Jackets [clothing]
Jackets being sports clothing
Tee-shirts
Sweaters
Gilets
Headbands [clothing]
Bonnets [headwear]
Peaked caps.
The mark was filed in class 27 with following description of goods:
Carpets for automobiles
Mats
Door mats.
The mark was filed in class 28 with following description of goods:
Games
Toys
Sporting articles
Sporting articles and equipment
Machines for physical exercises.
The mark was filed in class 35 with following description of goods:
Wholesaling services, Retail services and On-line retailing in relation to the following goods: sport equipment, Hand-operated tools for motorcycles, Sports goods and equipment
Wholesaling services, Retail services and On-line retailing in relation to the following goods: Ready-made clothing, Headgear, helmets, Footwear, Bags, Sportswear, Protective clothing, Sunglasses, clothing acccessories, Bags, Bags for motorcycles, Sport bags
Wholesaling services, Retail services in relation to the following goods: Mats, pads, Cover fabrics and materials
Wholesaling services, Retail services and On-line retailing in relation to the following goods: Mopeds, Constituent parts for motorcycles, Motorcycle accessories, Motorcycle saddles, Spare parts for motorcycles
Wholesaling services, Retail services, On-line retailing in relation to the following goods: Tyres for motorcycles, Parts of tyres, seals, mousse, Fillers for tyres, Sealing products
Wholesaling services, Retail services, On-line retailing in relation to the following goods: motorcycle engines, Parts of motors and engines and Drives for motorcycles
Wholesaling services, Retail services and Online retail services in relation to: hand operated implements and Tools for the treatment of materials and for building construction, repair and maintenance work
Wholesaling services, Retail services, Online retail services in relation to: Lubricants and industrial greases, waxes and Fluids
Wholesaling services, Retail services, Online retail services in relation to: Tool boxes for motorcycles
Advertising, marketing and promotional services
Business assistance, management and administrative services.