The trademark LUIVE was filed by LUIVE Property Management SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on January 13, 2022, and received one opposition filed on March 23, 2022 by COLEGIO LUYFERIVAS, S.L. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 23, 2022
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003166665 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 14, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Coin-operated mechanisms
Cash registers, calculating machines, data processing equipment, computers
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Software
Software
Computer software development tools
Computer hardware
Operating-systems software
Compiler software
Computer software for use as an application programming interface (API)
Application programming interface (API) for computer software, enabling online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Downloadable e-commerce computer software to allow users to perform electronic business transactions via a global computer network
Software for sending electronic message alerts and reminders via the Internet
Software for transmitting orders and for sending and receiving electronic messages via the Internet
Down-loadable computer software for modifying the appearance and enabling transmission of images, audio-visual and video content
Computer software for collecting, editing, organising, modifying, transmitting, storing and sharing data and information
Computersearch engine software
Downloadable e-wallets.
The mark was filed in class 35 with following description of goods:
Advertising
Procurement services for third parties (purchasing goods and services for other businesses)
Retail on-line services in relation to the following goods: CDs, DVD's and digital recording media, Operating-systems software, Compilation software, Software, Computer search engine software, Downloadable e-wallets
The bringing together, for the benefit of others, of the following services: communications by computer and mobile electronic devices, telecommunications services, in particular electronic transmission of data, messages, graphics, images, audio, video and information, IT services, enabling consumers to conveniently compare and purchase those services
Business management
Business administration
Office functions
Marketing, advertising and promotion services
Market research and information services
Promoting the goods and services of others via computer and communication networks
Providing online marketplaces for sellers of goods and/or services
Provision of an online marketplace for buyers and sellers of goods and services
Subscription to an information media package
Arranging subscriptions to information media
Arranging subscriptions to Internet services
Arranging subscriptions to telecommunication services for others
Subscriptions to telecommunications database services.
The mark was filed in class 36 with Electronic transfer of virtual currencies and e-wallet payment services..
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing internet chatrooms
Voice over IP services
Telephony communication services
Broadcasting services
Communication by computer and mobile electronic devices
Providing access to computer, electronic and online databases
Telecommunications services, namely electronic transmission of data, messages and information
Providing online forums for communication on topics of general interest
Providing online communications links which transfer web site users to other local and global web pages
Facilitating access to third party websites via a universal login
Providing of electronic bulletin boards
Audio, text and video broadcasting servicesover computer or other communication networks namely, uploading,posting, displaying, tagging, and electronically transmitting data,information, audio and video images
Providing access to computer databases
Provision of telecommunications access to databases and the internet
Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users
Telecommunications services, namely electronic transmission of data, messages, graphics, images, audio, video and information
Providing online communications links which transfer mobile device and Internet users to other local and global online locations
Facilitating access to third party websites or to other electronic third party content via a universal login
Providing online chat rooms, email and instant messaging services, and electronic bulletin boards
Audio, text and video broadcasting services over computer or other communication networks namely, uploading, posting, displaying, modifying, tagging, and electronically transmitting data, information, audio and video
Voice over Internet Protocol [VoIP] communication services
Providing access to computer databases, in relation to the following fields: Social networking, Social presentation and dating
Providing access to multimedia content online.
The mark was filed in class 41 with Publishing services carried out by computerised means and Electronic publishing services for others..
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
IT services
Application service provider (ASP) services
Providing information from searchable indexes and databases of information
Providing temporary use of non-downloadable software applications
Computer hardware and software consulting services
Information relating to computer technology provided on-line from a global computer network or the Internet
Creating and maintaining websites
Providing search engines for obtaining data via communications networks
Operating search engines
Computer services relating to the creation of virtual communities for registered users to organize groups and events
Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks
Application service provider (ASP), namely, hosting computer software applications for others
Application service provider (ASP) featuring software to enable or facilitate uploading, downloading, streaming, displaying, tagging, blogging, linking, sharing or otherwise providing electronic media or information over communication networks
Computer services in the nature of customized web pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data
Providing online facilities for others featuring technology that enables online users to create personal profiles featuring social and business information and to transfer and share such information among multiple online facilities
Providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data
Platform as a service (PAAS) services featuring technology that allows businesses, organizations and individuals to create and manage their online presences and to communicate with online users information and messages regarding their activities, products and services and engage in social networking and business collaboration and communication
Providing search engines for obtaining data via communications networks
File sharing services, Such as, providing online facilities for others featuring technology enabling users to upload and download electronic files
Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, and engage in social, business and community networking
Providing an online network service that enables users to transfer personal identity data to and share personal identify data with and among multiple websites
Providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple websites
Computer services in the nature of customized web pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data
Data security services
Design and development of Internet security programs
Design and development of electronic data security systems
Computer security services for protection against illegal network access
Provision of security services for computer networks, computer access and computerised transactions