The trademark Vinivia was filed by Vinivia AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on June 14, 2020, and received one opposition filed on September 14, 2020 by Vonovia SE on Likelihood of confusion. the opponent was represented by HABERMANN, HRUSCHKA & SCHNABEL and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 10, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions, Other than software for the streaming of content, in relation to the following fields, Housing, real estate
Downloadable software, for the following purposes, Uploading, sending, displaying, presenting, tagging, blogging, sharing or otherwise providing of electronic media or information via the internet or other communications networks, Other than software, for the following purposes, Uploading, sending, displayer, Presenting, Tagging, blogging, parts, Otherwise providing, in relation to the following fields, Electronic media, information, in relation to the following fields, Housing, real estate
Application programming interfaces (API) enabling developers to integrate video content and functionalities in websites, software applications or apparatus, other than application programming interfaces (API) enabling developers to integrate video content and functionalities relating to the subject of housing or real estate in websites, software applications or apparatus.
The mark was filed in class 35 with following description of goods:
Subscription to music, video, and audiovisual content transmitting, streaming, and downloading services, Other than subscription services, in relation to the following fields, Downloading of videos and audiovisual content relating to the subject of housing or real estate
Arranging music, video, and audiovisual content transmitting, streaming, and downloading subscriptions for others, Other than the providing of subscription services, in relation to the following fields, Transmitting apparatus and instruments, streaming, downloading, in relation the following goods, Videos, audiovisual content relating to the subject of housing or real estate
Market research services in the nature of measuring, tracking, and modeling of audiences for online and television media and online and television advertisements
Market research services in the nature of tracking and measuring audience viewing of, exposure to, and reactions to online and television advertisements
Preparing market reports and studies from collected marketing information and research
Advertising and promotional services on behalf of others
Promotional services, namely, promoting the goods and services of others through online entertainment, online education, and sharing of multimedia content via the Internet and other communications networks
Developing and providing marketing programs for advertisers, marketers, and content providers.
The mark was filed in class 38 with following description of goods:
Telecommunication services, namely, broadcasting via the Internet and other communications networks, in relation to the following fields, electronic media, Multimedia content, video, movies, pictures, images, text, Photos, User-generated content, audio content,, information, all of the aforementioned excluding telecommunication services, for the following purposes, Transmission of electronic media, multimedia content, videos, images, pictures, text, photographs, user-generated content, audio content and information relating to the subject of housing or real estate via the internet and other communications networks
Transmission, web casting, streaming and transmission of sound, videos, subscription television and video-on-demand content via the internet and electronic communications network services, other than broadcasting, web casting, streaming and transmission of sound, videos, subscription television and video-on-demand content relating to the subject of housing or real estate via the internet and electronic communications network services
Television broadcasting to mobile devices, namely, mobile phones, tablets, and personal computers
Telecommunication services, namely, Providing via the internet, in relation to the following fields, Email and push notification alerts, other than the providing of email and push notification alerts relating to the subject of housing or real estate
Providing of community forums and chatrooms for users, for the following purposes, Regulating, Search, Viewing, sharing, Critiquing, Assess, Commenting, in relation to the following fields, video, and other multimedia content, Via the internet and other communications networks, other than the providing of community forums and chatrooms for users, for the following purposes, Regulating, Search, Viewing, sharing, Critiquing, Assess, Commenting, in relation to the following fields, Videos and other multimedia content relating to the subject of housing or real estate via the internet and other communications networks.
The mark was filed in class 41 with following description of goods:
Educational services, namely, Entertainment services, Namely, Providing of a website featuring audio clips, video clips, musical performances, musical videos, film clips, photographs, other multimedia materials, and information relating thereto via the internet and other communications networks on a wide variety of subjects, other than multimedia materials, information and subjects relating to the subject of housing or real estate
Provision of non-downloadable films and television programmes via a video-on-demand service, Other than films and television programmes relating to the subject of housing or real estate
Entertainment services in the nature of providing non-downloadable entertainment content via the internet and electronic communications networks, Namely, Providing, In relation to the following fields, feature films, TV broadcasts, Video clips, In relation to the following fields, comedy, drama, ACTION, ADVENTURE, sports, Musicals, current affairs, news, documentaries, Animation, Other than television programmes and video clips in the field of news, documentary films and animation relating to the subject of housing or real estate.
The mark was filed in class 42 with following description of goods:
Providing of temporary use of online non-downloadable software, for the following purposes, Uploading, Logging, Publishing, Illustrating, manipulation, Playing, Streaming, Viewing, Previews, displaying, labelling, Blogging, Document sharing, manipulation, disseminating, Publishing, Renderings, Otherwise providing, in relation to the following fields, electronic media, Multimedia content, videos, motion pictures, Images, images, texts, photos, User-generated content, other than electronic media, multimedia content, videos, images, pictures, texts, photographs and user-generated content relating to the subject of housing or real estate
Providing of temporary use of online non-downloadable software, for the following purposes, Uploading, Logging, Publishing, Illustrating, manipulation, Playing, Streaming, Viewing, Previews, displaying, labelling, Blogging, Document sharing, manipulation, disseminating, Publishing, Renderings, Otherwise providing, in relation to the following fields, Audio content, information, Other than audio content and information relating to the subject of housing or real estate via the internet and other communications networks
Cloud storage services, namely, providing electronic data storage accessible via the internet of electronic media, namely, audio and video content, Other than sound and video content relating to the subject of housing or real estate
Providing use of on-line non-downloadable software for analyzing media data, Other than media data relating to the subject of housing or real estate
Providing software as a service featuring software for use in connection with transmitting, streaming, and downloading music, videos, and audiovisual content, Other than videos and audiovisual content relating to the subject of housing or real estate
Providing temporary use of non-downloadable software to enable content providers to track multimedia content, Other than multimedia content relating to the subject of housing or real estate
Providing of temporary use of non-downloadable analysis software, namely, software for calculating and providing statistics about the behaviour of viewers of online videos, films, images, pictures, text, photos, games and other user-generated content, other than online videos, films, images, pictures, text, photos, games and other user-generated content relating to the subject of housing or real estate
Hosting of websites featuring multimedia content for others, Other than multimedia content relating to the subject of housing or real estate
Hosting multimedia entertainment and educational content for others, Other than multimedia entertainment and educational content relating to the subject of housing or real estate
Application service providers (ASP) for computer software, for the following purposes, Uploading, sending, displaying, Tagging, Blogging, Information sharing, Otherwise providing, in relation to the following fields, electronic media, information, Other than electronic media or information relating to the subject of housing or real estate via the internet and other communications networks.
The mark was filed in class 45 with On-line social networking services.