The trademark RACEX was filed by Sim-Lab B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 2, 2021, and received one opposition filed on April 29, 2021 by REAL AUTOMOVIL CLUB DE ESPAÑA on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 29, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003145394 was refused according to Article 8(1)(b) EUTMR with decision issued on October 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for recording, transmission, manipulation and reproduction of sound and images
Instrumentation simulators
Instrumentation simulators
Parts of simulation equipment
Electronic sports training simulators
Simulation equipment for driving, racing and flying
Helmets
Protective clothing.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Videogaming apparatus
Gymnastic and sporting articles
Joysticks for video games
Video game consoles
Interactive chairs for video games.
The mark was filed in class 35 with following description of goods:
Advertising
Providing of business information to consumers
Business assistance, management and administrative services
Business analysis, research and information services
Import and export services
Retailing and wholesaling relating to simulation equipment, simulation equipment parts, games, video game devices, audio-visual, multimedia and photographic devices, eyewear, sunglasses, watches, key rings, bags, suitcases, wallets, purses, clothing and fashion items, water bottles, drinking bottles, games, toys, gymnastic and sporting articles and equipment, key rings, office supplies, books, magazines, food products, food supplements, drinks, cars and parts for the aforesaid goods
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.