The trademark Cultway was filed by Daniel Frederik Görtelmeyer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 28, 2021 by Cult Beauty Limited on Likelihood of confusion. the opponent was represented by HGF BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 28, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on January 4, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable multimedia files
Audio recordings
Audio visual recordings
Digital books downloadable from the Internet
Downloadable educational course materials
Downloadable educational media
Communication, networking and social networking software
Data and file management and database software
Media and publishing software
Application software for mobile devices
Children's educational software
Collaboration management software platforms
Application software for televisions
Computer programs for accessing, browsing and searching online databases
Computer application software for streaming audio-visual media content via the internet
Computer programs for editing images, sound and video
Computer software for creating dynamic websites
Computer software for the display of digital media
Computer gaming software
Augmented reality software for education
Virtual reality software for education
Computer software to enable the provision of electronic media via the Internet
Content management software
E-commerce and e-payment software.
The mark was filed in class 35 with following description of goods:
Advisory services relating to promotional activities
Dissemination of advertisements via the Internet
Organisation and management of customer loyalty programs
Presentation of goods on communication media, for retail purposes
Provision and rental of advertising space, time and media
Advertising and promotion services and related consulting
Advertising services for the promotion of e-commerce
Design of advertising materials
Online advertisements
Retail services in relation to games
Retail services in relation to cups and glasses
Retail services relating to home textiles
Provision of an online marketplace for buyers and sellers of goods and services
Providing recommendations of goods to consumers for commercial purposes
Retail services in relation to art materials
Retail services in relation to works of art
Retail services connected with stationery
Retail services in relation to disposable paper products
None of the aforementioned being in connection with beauty products or services.
The mark was filed in class 41 with following description of goods:
Audio and video production, and photography
Audio and video editing services
Providing multi-media entertainment via a website
Arranging and conducting of educational courses
Conducting of guided educational tours
Rental of audio/visual and photographic equipment and facilities
Arranging and conducting of cultural activities
Art gallery services provided on-line via a telecommunications link
Entertainment, education and instruction services
Entertainment provided via the internet
Information relating to cultural activities
Information relating to entertainment, provided on-line from a computer database or the internet
Journalism services
Online interactive entertainment
Providing user reviews for entertainment or cultural purposes
Workshops for cultural purposes
Advisory services relating to publishing
Creation [writing] of podcasts
Custom writing services for non-advertising purposes
Digital video, audio and multimedia entertainment publishing services
On-line publishing services
Publication of calendars of events
Publication of online reviews in the field of entertainment
Publication of multimedia material online
Arranging for ticket reservations for shows and other entertainment events
Ticket reservation and booking services for education, entertainment and sports activities and events
Ticket reservation and booking services for cultural events
Interpretation and translation services.
The mark was filed in class 42 with following description of goods:
Creation of internet web sites
Design and development of multimedia products
Design of audio-visual creative works
Graphic design
Visual design
Cloud storage services for electronic data
Creating and maintaining websites for mobile phones
Design, creation, hosting and maintenance of websites for others
Electronic data storage
Hosting of digital content
Providing temporary use of web-based applications
Software as a service [SaaS]
Technical consultancy relating to the application and use of computer software
Custom design of software packages
Creation, updating and adapting of computer programs
Design and development of computer hardware and software
Platforms for artificial intelligence as software as a service [SaaS].