The trademark vivo Tech was filed by VIVO MOBILE COMMUNICATION CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 1, 2020, and received one opposition filed on May 14, 2020 by Garmin Switzerland GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by EDWIN COE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and address of the trademark registration was recorded on December 1, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Smart phones
Mobile phones
Data processing apparatus
Personal digital assistants [PDAs]
Downloadable software applications for mobile phones
Tablet computers
Interactive touch screen terminals
Smart glasses
Touch screen pens
Facial recognition apparatus
Cell phone straps
Cell phone covers
Cell phone cases
Protective films adapted for mobile phone screens
Stands adapted for mobile phones
Cabinets for loudspeakers
Wireless speakers
Headphones
Wireless headphones
Earphones for cellular telephones
Wireless headsets for smart phones
Selfie sticks used as smartphone accessories
Selfie lenses
USB cables
USB cables for cellphones
Power adapters
Batteries, electric
Battery chargers
Rechargeable batteries
Wireless chargers
Battery chargers for mobile phones
Earphones
Augmented reality software
Head mounted augmented reality displays
Virtual reality glasses
Virtual reality headsets
Virtual reality software for simulation
Data gloves
Virtual reality hardware
Virtual and augmented reality software
Smart speakers
Speakers
Televisions
Notebook computers
Computers
Displays for mobile phones
In-car telephone handset cradles
Power banks
Body fat scales for household use
Scales with body mass analysers
Chips [integrated circuits]
Electronic chips
Downloadable e-wallets.
The mark was filed in class 35 with following description of goods:
Presentation of goods on communication media, for retail purposes
Provision of space on websites for advertising goods and services
On-line advertising on a computer network
Organization of exhibitions for commercial or advertising purposes, in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Providing user reviews for commercial or advertising purposes, in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Providing user rankings for commercial or advertising purposes, in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Providing user ratings for commercial or advertising purposes, in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Import-export agency services
Sales promotion for others
Provision of an on-line marketplace for buyers and sellers of goods and services
Compilation of information into computer databases
Systemization of information into computer databases
Arranging subscriptions to telecommunication services for others
Updating and maintenance of data in computer databases
Web indexing for commercial or advertising purposes, in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Compiling indexes of information for commercial or advertising purposes in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Commercial information and advice for consumers in the choice of products and services in respect of smart phones, smart watches, smart glasses, smart phone accessories, Wireless personal area network/wireless speakers, Wireless personal area network/wireless headsets, software and related online services
Appointment reminder services [office functions]
Retail services in relation to smartphones
Retail services in relation to mobile phones
Advertisement via mobile phone networks
None of the aforesaid services to be used in respect of consumer goods research, and / or marketing solutions, and / or opinion polling.
The mark was filed in class 41 with following description of goods:
Training services
Organization of competitions [education]
Organization of exhibitions for cultural or educational purposes
Arranging and conducting of conferences
Arranging and conducting of congresses
Providing online electronic publications, not downloadable
Photography
Photographic reporting
News reporters services
Club services [education]
Game services provided on-line from a computer network
Teaching
Organization of lotteries
Health club services [health and fitness training]
Toy rental
Games equipment rental
Providing user reviews for cultural purposes
Providing user rankings for cultural purposes
Providing user ratings for cultural purposes
Conducting guided tours
Training in communication techniques
Training in data processing techniques
All the aforementioned services excluding those services concerning: organization of competitions [entertainment], club services [entertainment], party planning [entertainment], providing user reviews for entertainment purposes, providing user rankings for entertainment purposes, providing user ratings for entertainment purposes, organization of concerts and theatre events and production of live entertainment shows, other than production of live radio, web and television entertainment shows.
The mark was filed in class 42 with following description of goods:
Design and development of multimedia products
Technical research
Research in the field of telecommunications technology
Research in the field of communications technology
Industrial design
Design of mobile telephones
Packaging design
Computer software design
Computer programming
Updating of computer software
Maintenance of computer software
Computer system design
Installation of computer software
Recovery of computer data
Software as a service [SaaS]
Software development in the framework of software publishing
Platform as a service [PaaS]
Off-site data backup
Cloud computing
Unlocking of mobile phones
Data encryption services
Developing of driver and operating system software
Design and development of software in the field of mobile applications
Recovery of smartphone data
Updating of smartphone software
Updating of software
Smartphone software design
Software design
Creating and maintaining websites for mobile phones
Design of communication systems
Development of software for communication systems
Updating of software for communication systems
Maintenance of software for communication systems
Design of telecommunications apparatus and equipment
Providing search engines for the internet
Development of computer platforms
User authentication services using technology for e-commerce transactions
User authentication services using single sign-on technology for online software applications.