The trademark EVO was filed by Margherita Aucelli, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on October 10, 2021, and received five oppositions.
Opposition Proceedings
There are five oppositions were filed:
The first opposition filed on January 10, 2022 by AUTOVIA LIMITED on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOULT WADE, S.L. and its proceedings were handled in English
The second opposition filed on January 10, 2022 by Jaguar Land Rover Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by REDDIE & GROSE B.V. and its proceedings were handled in English
The third opposition filed on January 9, 2022 by MEDI CARE SYSTEM, S.L. on Likelihood of confusion. the opponent was represented by MANRESA INDUSTRIAL PROPERTY, S.L. and its proceedings were handled in English
The fourth opposition filed on January 4, 2022 by EVO BANCO S.A.U. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English
The fifth opposition filed on December 27, 2021 by Evoplay LLP. on Likelihood of confusion. the opponent was represented by Santos Rodríguez, Sandra and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Education software
Downloadable educational media
Teaching apparatus and instruments
Educational tablet applications
Computer software platforms
Software
Downloadable software applications
All the aforesaid being exclusively in the field of underwater training for professional, technical, commercial, sporting, recreational, freediving, leisure purposes
None being for or relating to vehicles, to gaming software, videogames or slot games, to bank, financial and insurance goods and services or to healthcare.
The mark was filed in class 41 with following description of goods:
Distance learning services provided online
Providing online videos, not downloadable
Training services relating to submarine diving
Development of educational courses and examinations
Arranging and conducting of workshops [training]
Providing online electronic publications, not downloadable
Electronic publishing services
Developing educational manuals
Publishing, reporting, and writing of texts
Educational examination
Awarding of educational certificates
All the aforesaid being exclusively in the field of underwater training for professional, technical, commercial, sporting, recreational, freediving, leisure purposes
None relating to vehicles, automotive industry, motorsports or driving experience tours, to gambling or betting services, to bank, financial and insurance goods and services or to healthcare.