The trademark freeholiday was filed by WERATECH Software GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on April 13, 2021, and received one opposition filed on July 8, 2021 by FREE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COURSIN CHARLIER AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 8, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on September 15, 2021.
Goods And Services
The mark was filed in class 35 with following description of goods:
Market prospecting, Including consultancy thereon
Business management assistance
Market canvassing and analysis
Brokerage of commercial transactions, In particular arranging of hotel bookings
Management of hotel incentive programs of others
Providing hotel rate comparison information
Collecting information relating to hotel accommodation
Office functions relating to creating databases for rating hotel accommodation and Consultancy relating to the aforesaid services
Price analysis services
Price comparison services
Providing, organisation and administration of customer loyalty schemes for promoting travel services and providing of food and drink of others
All of the foregoing services also provided on-line.
The mark was filed in class 39 with following description of goods:
Travel agency services and travel booking agencies (including online), Booking agency services for travel, Providing of information with regard to travel and travel destinations and Consultancy thereon
Arranging of travel in holiday complexes, namely club villages, holiday camps and hotels
Transportation and travel information services, consultancy, Search and reservation services
Providing of searchable databases and listings featuring information relating to travel experiences, travel destinations, transport and services and topics relating to travel
Providing travel information, namely, Ratings, comments and recommendations of the following, travel service providers, trips, Local sights (sightseeing services)
User ratings, ratings, comments and recommendations in the following fields, Travel, Destinations, Transport
Providing of newsletters in the following fields, Travel, Destinations, Transport
Including the provision of all the aforesaid services online.
The mark was filed in class 41 with following description of goods:
Providing of newsletters in the following fields, Performances, Sporting and cultural events and activities
User critiques, assessment, comments and Recommendations In relation to the following fields: Performances, Sporting and cultural events and activities
Attractions and Services for shows
Publishing of user critiques, ratings, comments and recommendations In relation to the following fields: Travel, Destination, Hotels and Other temporary accommodation, Dining restaurants, Pubs, Transport, Sporting and cultural activities, Attractions and Services for shows
Booking of seats
And including all of the aforesaid services being provided online.
The mark was filed in class 43 with following description of goods:
Hotel reservation services, holiday accommodation reservation services and resort reservation services
Providing of information relating to hotels, holiday accommodation and resorts
Appraisal of hotel accommodation
Providing of online information and advice relating to the following, Restaurants, Cafés and Food and drink services
Providing accommodation in holiday camps, club villages and hotels
Arranging of accommodation for holiday makers
Information relating to hotels, hotel accommodations and resorts (accommodation), whether or not based on reviews by customers
Hotel reservations
Providing room reservation and hotel reservation services
Accommodation bureau services [hotels, boarding houses]
Hotel reservations
Booking of hotel accommodation
Booking of hotel accommodation
Provision of hotel accommodation
Making hotel reservations for others
Information relating to hotels
Booking of hotel accommodation
Booking agency services for hotel accommodation
Providing online information relating to hotel reservations
Electronic information services relating to hotels
Reservation, information and search services relating to hotels and other temporary accommodation
Providing of searchable computer databases and listings relating to information on hotels and other temporary accommodation
Providing of information and links to websites, of others, relating to temporary accommodation
Providing of ratings, comments and recommendations for temporary accommodation
Consultancy in the field of reservations for accommodation
Providing of ratings, comments and recommendations for users in the field of hotels and other temporary accommodation
Including providing all the aforesaid services online.