The trademark KITEFEST was filed by VLAD POSTELNICU, a national of Romania (the "Applicant") and LAURA VRABIE, a national of Romania (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 24, 2021, and received one opposition filed on May 23, 2021 by VIVENDI LIVE LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Wilson Gunn (Europe) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 23, 2021
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Dissemination of advertisements
Dissemination of advertising matter
Dissemination of advertisements via the Internet
Dissemination of advertising via online communications networks
Dissemination of advertising, marketing and publicity materials
Dissemination of advertising matter online
Dissemination of advertising for others
Dissemination of advertising matter by mail
Dissemination of advertising and promotional materials
Distribution of advertisements and commercial announcements
Dissemination of advertising for others via an on-line communications network on the internet
Dissemination of advertising material [leaflets, brochure and printed matter]
Dissemination of advertising for others via the Internet
Distribution of advertising announcements
Distribution of advertising material by post
Distribution of advertising material
Distribution of publicity texts
Distribution of promotional matter
Distribution of printed promotional material by post
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Distribution of products for advertising purposes
Distribution of prospectuses and samples
Handbill distribution
Direct mail advertising
Advertising by mail order
Dissemination services of advertisement matter
Arranging of demonstrations for advertising purposes
Arranging of displays for commercial purposes
Arranging and conducting of demonstrations for advertising purposes
Organisation and conducting of product presentations
Arranging of displays for advertising purposes
Presentation of goods and services
Preparation and presentation of audio visual displays for advertising purposes
Demonstration of goods
Demonstration of photographic equipment [for advertising purposes]
Demonstration of goods for promotional purposes
Presentation of goods on communication media, for retail purposes
Providing assistance in the field of business promotion
Marketing assistance
Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
Consultations relating to business advertising
Business advice relating to marketing management consultations
Advice relating to marketing management
Advisory services relating to sales promotion
Consultations relating to business promotion
Professional consultancy relating to marketing
Business advice relating to strategic marketing
Business marketing consultancy
Direct marketing consulting
Advertising and marketing consultancy
Providing marketing consulting in the field of social media
Provision of marketing advisory services for manufacturers
Provision of information and advisory services relating to e-commerce
Organisation of promotions using audiovisual media
Promotion of goods and services through sponsorship
Marketing advice
Advisory services relating to promotional activities
Advisory services relating to corporate identity
Consultancy relating to advertising
Marketing consulting
Business advice relating to marketing
Consultancy services in the field of affiliate marketing
Consulting services in the field of Internet marketing
Market segmentation consultation
Advertising business especially in the field of telematic and telephone networks
Updating of advertising information on a computer data base
Administration relating to marketing
Outdoor advertising
Displaying advertisements for others
Advertising agency services
Analysis of advertising response
Analysis of advertising response and market research
Advertising analysis
Classified advertising
Analysis of the public awareness of advertising
Business assistance relating to business image
Business assistance relating to corporate identity
Providing assistance in the field of product commercialization
Management assistance for promoting business
Assistance to management in commercial enterprises in respect of advertising
Market campaigns
Collection of information relating to advertising
Compilation of advertisements
Compilation of advertisements for use on the internet
Compilation of advertisements for use as web pages on the Internet
Compilation of statistics relating to advertising
Design of advertising brochures
Design of advertising flyers
Design of advertising materials
Copywriting
Copywriting for advertising and promotional purposes
Publicity columns preparation
Developing promotional campaigns for business
Advice in the field of business management and marketing
Development of promotional campaigns
Development of advertising concepts
Development of marketing strategies and concepts
Development and implementation of marketing strategies for others
Dissemination of data relating to advertising
Issuing and updating of advertising texts
Estimations for marketing purposes
Evaluating the impact of advertising on audiences
Providing searchable online advertising guides
Provision of information relating to marketing
Providing marketing information via websites
Providing business marketing information
Provision of information relating to advertising
Provision of models for advertising
Providing user rankings for commercial or advertising purposes
Mediation of advertising
Arranging advertising and promotional contracts for others
Preparation of marketing plans
Provision of marketing reports
Preparation of advertisements
Preparation of trade publicity texts
Database marketing
Trade marketing [other than selling]
Product marketing
Referral marketing
Marketing the goods and services of others
Targeted marketing
Digital marketing
Direct marketing
Financial marketing
Internet marketing
Event marketing
Marketing by telephone
Promotional marketing
Marketing in the framework of software publishing
Negotiation of advertising contracts
Search engine optimisation
Arranging of product launches
Arranging of presentations for advertising purposes
Organisation of trade fairs for advertising purposes
Arranging and conducting marketing promotional events for others
Arranging and conducting of marketing events
Arranging and placing of advertisements
Arrangement of advertising
Arranging and conducting of advertising events
Arranging and conducting of promotional events
Advertisements (Placing of -)
Planning of marketing strategies
Placing advertisements for others
Preparation of custom advertisements for others
Preparation of advertising campaigns
Preparation of publicity documents
Preparation of publicity publications
Preparing promotional and merchandising material for others
Preparation of mailing lists for direct mail advertising services [other than selling]
Preparing and placing advertisements for others
Preparing and placing outdoor advertisements for others
Preparing audio-visual presentations for use in advertising
Preparation and realization of media and advertising plans and concepts
Production of advertising films
Presentation of companies and their goods and services on the Internet
Presentation of companies on the Internet and other media
Production of sound recordings for advertising purposes
Production of visual advertising matter
Production of television and radio advertisements
Production of advertising material
Production of advertising matter and commercials
Production of radio advertisements
Production of sound recordings for marketing purposes
Design of marketing surveys
Promoting the sale of goods and services of others through promotional events
Computerised business promotion
Sales promotion using audiovisual media
Sales promotion for others through trading stamp schemes
Promoting the goods and services of others via computer and communication networks
Promoting the goods and services of others via a global computer network
Promoting the goods and services of others by means of a loyalty rewards card scheme
Promoting the goods and services of others
Promotion [advertising] of travel
Promotion [advertising] of concerts
Promoting the goods and services of others through advertisements on Internet websites
Promoting the goods and services of others by means of a preferred customer program
Promoting the goods and services of others through discount card programs
Promotion of insurance services, on behalf of third parties
Promotion of financial and insurance services, on behalf of third parties
On-line promotion of computer networks and websites
Promotion [advertising] of business
Promotion, advertising and marketing of on-line websites
Business promotion
Promoting the goods and services of others over the Internet
Sales promotion
Sales promotion for others
Sales promotions at point of purchase or sale, for others
Publication of printed matter for advertising purposes
Publication of printed matter for advertising purposes in electronic form
Publication of advertising literature
Publication of publicity materials
Publication of publicity materials on-line
Publication of publicity materials and texts
Publication of publicity texts
Electronic publication of printed matter for advertising purposes
Issuing of publicity leaflets
Advertising
Response advertising
Pay per click advertising
Advertising the goods and services of online vendors via a searchable online guide
Online advertising on a computer network
Online advertisements
Taxi top advertising
Advertising of the goods of other vendors, enabling customers to conveniently view and compare the goods of those vendors
Cinema advertising
Advertising in the field of tourism and travel
Advertising in the popular and professional press
Magazine advertising
Advertising in periodicals, brochures and newspapers
Advertising relating to transport and delivery
Advertising, including promotion of products and services of third parties through sponsoring arrangements and licence agreements relating to international sports' events
Advertising, including on-line advertising on a computer network
Advertising particularly services for the promotion of goods
Advertising of cinemas
Advertising of commercial or residential real estate
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
Advertising of business web sites
Advertisement for others on the Internet
Advertising automobiles for sale by means of the Internet
Banner advertising
Advertising via electronic media and specifically the internet
Electronic billboard advertising
Advertisement via mobile phone networks
Advertising through all public communication means
Promotional advertising for exploration projects
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Radio advertising
Radio and television advertising
Promotional advertising relating to philosophical instruction
Television advertising
Advertising and marketing
Advertising relating to pharmaceutical products and in-vivo imaging products
Advertisement and publicity services by television, radio, mail
Updating of advertising material
Preparing advertisements for others
Preparation of publicity leaflets
Preparation of advertising material
Production of video recordings for advertising purposes
Writing of publicity texts
Reproduction of advertising material
Marketing agency services
Online community management services
Announcement services for advertising purposes
Graphic advertising services
Corporate identity services
Information services relating to advertising
Product launch services
Layout services for advertising purposes
Marketing
Business marketing services
Marketing services provided by means of digital networks
Telephone marketing services [not selling]
Search engine marketing services
Promotional marketing services using audiovisual media
Planning services for advertising
Services with regard to product presentation to the public
Promotion services
Business promotion services provided by telex
Business promotion services provided by telephone
Business promotion services provided by audio/visual means
Promotion services relating to esports events
Publicity and sales promotion services
Digital advertising services
Advertising services by means of sandwich board
Advertising services provided for florists
Advertising services provided by a radio and television advertising agency
Advertising services provided via the internet
Advertising services provided via a data base
Advertising services of a radio and television advertising agency
Advertising services to promote public awareness of the benefits of shopping locally
Advertising for others
Advertising services for architects
Advertising services for the literary industry
Promoting services for baseball game
Advertising services for the promotion of beverages
Advertising services for promoting the brokerage of stocks and other securities
Advertising services for the promotion of e-commerce
Advertising services to promote the sale of beverages
Advertising services relating to the motor vehicle industry
Advertising services by means of television screen based text
Advertising services relating to the marine and maritime industry
Advertising services relating to the travel industries
Advertising services relating to public works
Advertising services relating to pharmaceuticals for the treatment of diabetes
Advertising services relating to the transport industries
Advertising services relating to financial services
Advertising services relating to the sale of motor vehicles
Advertising services relating to real property
Advertising services relating to esports events
Press advertising services
Advertising services relating to in vivo imaging apparatus
Advertising services relating to jewelry
Advertising services relating to the commercialization of new products
Advertising services relating to cosmetics
Advertising services relating to in vivo imaging products
Advertising services relating to perfumery
Advertising services relating to pharmaceutical products
Advertising services to promote public awareness of medical conditions
Advertising services to promote public awareness of environmental issues and initiatives
Advertising services to promote public awareness in the field of social welfare
Advertising services to promote public awareness of medical issues
Advertising services to promote public awareness of social issues
Advertising services relating to the sale of goods
Political advertising services
Advertising and marketing services provided by means of blogging
Advertising and marketing services provided via communications channels
Advertising and marketing services provided by means of social media
On-line advertising and marketing services
Advertising, promotional and public relations services
Advertising and promotion services and related consulting
Publicity services
Editing of publicity texts
Brand strategy services
Trade promotional services
Advertising services to create corporate and brand identity
Advertising services relating to books
Advertising services relating to hotels
Advertising services to promote public awareness of environmental matters
Advertising services relating to data bases
Advertising services relating to financial investment
Advertising services relating to the recruitment of personnel
Advertising services relating to the sale of personal property
Advertising services relating to newspapers
Advertising services relating to the provision of business
Brand testing
Producing promotional videotapes, video discs, and audio visual recordings
Updating and maintenance of information in registries
Updating and maintenance of data in computer databases
Management and compilation of computerised databases
Collection of data
Compilation of statistics [for business or commercial purposes]
Collection of commercial information
Collecting information for business
Computerised compilation of stock control records
Computerised compilation of customer indexes
Computerised compilation of order lists
Compilation of computer databases
Compilation of mathematical data
Data compilation for others
Collating of data in computer databases
Data processing, systematisation and management
Data search in computer files for others
Compilation of statistical information
Compiling indexes of information for commercial or advertising purposes
Compilation of information into computerised registers
Compilation of mailing lists
Compilation of commercial registers
Information and data compiling and analyzing relating to business management
Compilation and input of information into computer databases
Compilation and systemization of written communications and data
Compilation and systematisation of information in databanks
Compilation of information into computer databases
Compilation of statistical models for the provision of market dynamics information
Compilation and systemization of information into computer databases
Consultancy relating to data processing
Data-based stock control
Collection and systematisation of information into computer databases
Preparation of business statistical data
Drawing up of business statistical information
Provision of statistical information relating to business
Data entry and data processing
Automated data processing
Data processing
Computerised data processing
Data processing for the collection of data for business purposes
Electronic data processing
Services comprising the composition of statistical data
Advisory services relating to data processing
Advisory services relating to electronic data processing
Data management services
Information services relating to data processing
Data inputting services
Computer data entry services
Online data processing services
Data retrieval services
On-line data processing services
Systemization of information into computer databases
Computerised data verification
Data processing verification
Organisation of events for commercial and advertising purposes
Organisation of exhibitions and events for commercial or advertising purposes
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Retail services in relation to cups and glasses
Mail order retail services connected with clothing accessories
Wholesale services in relation to cups and glasses
Retail store services in the field of clothing
Retail services relating to food
Retail services in relation to headgear
Retail services in relation to clothing
Retail services in relation to luggage
Retail services in relation to jewellery
Retail services in relation to stationery supplies
Retail services in relation to bags
Retail services in relation to sporting equipment
Retail services in relation to foodstuffs
Retail services via catalogues related to foodstuffs
Retail services in relation to sporting articles
Retail services in relation to games
Mail order retail services for clothing
Online retail services relating to clothing
Online retail services relating to jewelry
Retail services relating to sporting goods
Retail services in relation to clothing accessories
Online retail services relating to luggage
Online retail services relating to handbags
Wholesale services in relation to headgear
Wholesale services in relation to printed matter
Wholesale services in relation to clothing
Wholesale services in relation to footwear
Wholesale services in relation to luggage
Wholesale services in relation to bags
Wholesale services in relation to sporting articles
Wholesale services in relation to sporting equipment
Online retail store services relating to clothing
Online retail services in relation to purses
Online retail services in relation to jewellery
Online retail services in relation to games
Online retail services in relation to shoes
Online retail services in relation to stationery
Online retail services in relation to planners [printed matter]
Online retail services in relation to sports headgear [other than helmets].
The mark was filed in class 39 with following description of goods:
Agents for arranging travel
Travel booking agencies
Consultancy for travel planning of routes
Professional consultancy relating to transport
Travel consultancy
Provision of data relating to the transportation of passengers
Providing information relating to travel and transport, via electronic means
Provision of information relating to airline scheduling
Providing information relating to car rental services
Provision of tourist travel information
Provision of travel information by computer
Provision of flight information
Providing information relating to airline travel, via electronic means
Providing travel information via global computer networks
Providing information relating to the planning and booking of airline travel, via electronic means
Providing information relating to the planning and booking of travel and transport, via electronic means
Providing information relating to removal services
Providing information relating to bicycle rental services
Providing transport and travel information
Providing online information relating to travel
Providing information about travel, via the Internet
Providing tourist travel information, via the Internet
Providing information about booking business travel, via the Internet
Providing information to tourists relating to excursions and sightseeing
Provision of information relating to travel routes
Fares (Provision of information relating to -)
Providing information relating to aircraft rental services
Providing flight arrival and departure information
Provision of information relating to marinas
Provision of information relating to ports
Provision of transportation tariff information
Provision of information relating to the transportation of passengers
Travel information
Travel arrangement and reservation services
Arranging and booking of day trips
Arranging and booking of city sightseeing tours
Arranging and booking of tours
Arranging and booking of cruises
Arranging and booking of travel
Arranging and booking of travel for package holidays
Arranging and booking of excursions
Arranging and booking of excursions and sightseeing tours
Planning and booking of airline travel, via electronic means
Planning, arranging and booking of travel
Planning, arranging and booking of travel by electronic means
Planning and booking of travel and transport, via electronic means
Provision of airport information services relating to aviation
Arranging airline tickets, cruise tickets and train tickets
Airline ticket reservation services
Travel ticket reservation services
Booking of sea passages
Reservation of berths for travel
Booking of holiday travel and tours
Booking of seats for coach travel
Booking of seats for air travel
Booking of seats for rail travel
Booking of seats for transportation by air
Booking of seats for transportation by motor vehicles
Booking of seats for transportation by rail
Booking of seats for transportation by water
Booking of rail tickets
Reservation and booking of seats for travel
Booking of seats for travel
Reservation of coach transport
Reservation of rail transport
Reservation of ferry transport
Booking of transport via global computer networks
Booking of travel through tourist offices
Booking of tickets for train travel
Reservation of air transportation
Seat reservations for various forms of transport
Booking of sightseeing tours through agencies
Agency services for arranging cruises
Computerised information services relating to travel
Computerised information services relating to travel reservations
Computerised information services relating to the carriage of passengers
Computerised transport information services
Computerised reservation services for travel
Computerised reservation services relating to the carriage of passengers
Travel agents services for arranging travel
Travel agency services, namely arranging transportation for travelers
Agency services for arranging the transportation of travellers' luggage
Agency services for arranging the transportation of travellers
Agency services for arranging the transportation of goods
Agency services for arranging travel
Agency services for arranging the transportation of persons
Travel agency services for business travel
Travel consultancy and information services
Ticketing services for travel
Trip planning services
Booking of tickets for travel
Cruise reservation services
Reservation of seats for travel
Seat reservation services for travellers
Booking agency services relating to travel
Booking and reservation services for tours
Services for the booking of travel
Reservation services for travel by land
Reservation services for airline travel
Reservation services for transportation by boat
Reservation services for transportation by air
Reservation services for transportation by land
Reservation services for bus transportation
Tour reservation services
Booking agency services for sightseeing tours
Holiday travel reservation services
Reservation services for travel by sea
Tourist travel reservation services
Booking agency services for travel
Travel agency services, namely, making reservations and bookings for transportation.
The mark was filed in class 41 with following description of goods:
Academies [education]
Management of education services
Providing computer-delivered educational testing and assessments
Coaching
Coaching in economic and management matters
Workshops for training purposes
Workshops for educational purposes
Career counseling [education]
Professional consultancy relating to education
Training and further training consultancy
Conducting workshops [training]
Conducting of classes
Conducting instructional courses
Conducting of educational courses
Conducting of educational courses in science
Conducting of instructional, educational and training courses for young people and adults
Conducting of correspondence courses
Conducting of courses relating to business administration
Conducting courses, seminars and workshops
Conducting of educational events
Vocational training courses (Provision of -)
Training courses relating to data base designs
Training courses in strategic planning relating to advertising, promotion, marketing and business
Training courses relating to computer software
Training courses relating to computer hardware
Instruction courses relating to sporting activities
Courses (Training -) relating to research and development
Educational courses relating to design
Courses (Training -) relating to management
Educational courses relating to the travel industry
Education courses relating to automation
Correspondence courses, distance learning
Teaching
Education in the field of computing
Education in the field of data processing
CAD (Computer Aided Design) education
Education and training in the field of electronic data processing
Production of course material distributed at management courses
Production of course material distributed at management lectures
Production of course material distributed at professional seminars
Continuous training
Vocational skills training
Training in the field of design
Tuition in management
Training in the field of advertising
Training in public relations
Providing of continuous training courses
Provision of training courses
Provision of courses of instruction in the management of information technology
Providing online courses of instruction
Providing courses of instruction for young people
Provision of computer related training courses
Providing education courses relating to the travel industry
Provision of education courses relating to electronics
Provision of training via a global computer network
Providing information about online education
Provision of educational information
Providing computer assisted courses of instruction
Provision of online training
Provision of online tutorials
Computer training
Electronic data processing training
Provision of instruction relating to computer programming
Training in the use of data processing programs
Training in the development of software systems
Instruction in the development of computers
Training in the operation of integrated circuits
Training in the operation of computer programs
Training in the operation of computerised systems
Training in computer programming
Instruction in the writing of computer programs
Training relating to computer techniques
Training in communication techniques
Training relating to data processing techniques
Occupationally orientated instruction
Arranging of lectures
Arranging of workshops and seminars
Arrangement of conferences for educational purposes
Arranging of classes
Arranging of training courses
Arranging of courses of instruction
Arranging technical instruction courses
Organisation of training courses relating to design
Organisation of courses using distance learning methods
Organisation of educational events
Arranging of festivals for training purposes
Arranging of exhibitions for educational purposes
Organising of commercial training
Organisation of seminars
Arrangement of seminars for educational purposes
Conducting of instructional seminars
Arranging and conducting of classes
Arranging and conducting of lectures for training purposes
Arranging and conducting educational conferences
Arranging and conducting of educational courses
Arranging and conducting of educational events
Arranging and conducting of training seminars
Arranging of workshops
Arranging and conducting of seminars
Arranging and conducting of workshops [training]
Planning of conferences for educational purposes
Planning of lectures for educational purposes
Training in the development of computer programs
Training in the development of computer memories
Tuition in data processing
Training in the design of computer programs
Computer education training
Provision of instruction relating to data processing
Computer training advisory services
Consultancy services relating to the development of training courses
Advisory services relating to education
Consultation services relating to business education
Provision of training and education
Vocational education and training services
Training services relating to the use of computer aided engineering systems
Training services concerned with the use of computer software
Training services relating to the use of information technology
Training services relating to computer-aided engineering design
Training services relating to computer-aided manufacturing
Training services relating to computer-aided design
Training services relating to computer systems
Training services in the field of computer software development
Training services in the field of project management
Computer training services
Lecture services relating to marketing skills
Educational services for providing courses of instruction
Educational services relating to architecture
Education services relating to design
Organisation of automobile races
Arranging of musical events
Provision of recreational events
Organisation of sporting events
Organising events for entertainment purposes
Services for the organisation of football events
Organising of recreational events
Organisation of entertainment and cultural events
Arranging and conducting of sports events
Organising of sporting activities and of sporting competitions
Organising events for cultural purposes
Organizing cultural and arts events
Organisation of sports events in the field of football
Organizing community sporting and cultural events
Organisation of esports events
Arranging and conducting of entertainment events
Arranging and conducting of live entertainment events
Organisation of events for cultural, entertainment and sporting purposes
Organisation of automobile rallies, tours and racing events
Entertainment services in the nature of organizing social entertainment events
Arranging for ticket reservations for shows and other entertainment events
Arranging and conducting of wine tasting events for entertainment purposes
Arranging and conducting of wine tasting events for educational purposes
Entertainment, sporting and cultural activities
Administration [organisation] of cultural activities
Administration [organisation] of entertainment services
Administration [organisation] of gaming services
Special event planning consultation
Party planning consultation
Conducting of cultural activities
Conducting of entertainment activities
Conducting of ceremonies for entertainment purposes
Sporting activities
Sporting and recreational activities
Coaching [training]
Sports training
Conducting of sports events
Conducting of live sports events
Sports tuition, coaching and instruction
Providing information about sporting activities
Provision of information relating to physical exercises via an online web site
Organisation of sports tournaments
Organization of sports competitions
Tuition in sports
Coaching services for sporting activities
Physical fitness assessment services for training purposes
Sporting services
Instruction in sporting activities
Organisation of sports activities for summer camps
Training in yoga
Organisation of parties
Party planning
Party planning [entertainment]
Planning and conducting of parties [entertainment]