The trademark Livist was filed by BFS health finance GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 4, 2022, and received one opposition filed on July 28, 2022 by Livica med GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Dury, Marcus and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2022
The application was filed in German, and German 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:
Recorded content
Databases
Media content
Computer software
Software, Especially, in relation to the following fields: advertising services, communication, Conducting marketing and Multi media
Information technology and audiovisual equipment
Magnets, magnetizers and demagnetizers
Scientific and laboratory devices for treatment using electricity
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Measuring, detecting and monitoring instruments, indicators and controllers
Scientific research and laboratory apparatus, educational apparatus and simulators
Parts and accessories for all the aforesaid goods, included in this class
Optical apparatus
Money counting and sorting machines
Calculating devices
Apparatus for recording, transmission or reproduction of sound or images
Electronic apparatus for video on demand (VOD) and for other on-demand services
Electronic apparatus for interactive television, Electronic apparatus for teleshopping
Cinematographic apparatus
Cameras [photography]
Coin-operated mechanisms
Computer software, recorded
Sound recording discs, compact discs (audio-video), DVDs (audio-video) and optical storage medium discs (audio-video), all the aforesaid goods in recorded and blank form.
The mark was filed in class 36 with following description of goods:
Financial banking
Rental and leasing of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunication services
Transmission of electronic mail
News agencies
Wire services
Broadcasting and transmission of television and radio programmes, and transmission of programmes, data and data collections and apps on the internet and other audiovisual media for reception on fixed or mobile terminals
Telecommunication services, in relation to the following fields: Video on-demand [VOD], Interactive television, Free-TV, Pay-per-view television, All the aforesaid services provided using all available means of distribution, in particular terrestrial distribution, cable distribution, distribution via satellites, DSL, digital distribution
Broadcasting of teleshopping programmes
Providing access to electronic programme guides on data networks
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Providing internet chatrooms
Providing online forums
Telecommunication services, Specifically Providing of access to internet services for customer consultancy
Providing telecommunication channels for teleshopping services
Telephone communication services provided for hotlines and call centers
Provision of access to web pages
Providing access to computer networks
Providing telecommunications connections to a global computer network
Providing user access to computer programmes in data networks
Providing access to information on the Internet
Transmission of electronic mail
Rental of access time to global computer networks
Providing access to databases.
The mark was filed in class 41 with following description of goods:
Publishing and Reporting, not in relation to the following fields: Veterinary medicine
Services of training and education, not in relation to the following fields: Veterinary medicine
Entertainment services
Sports
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
IT services, namely development, programming and implementation of software, Software as a service (SaaS) and rental of software, IT information, IT information services, Data mining, Data migration services
Testing, authentication and quality control
Installing webpages on the Internet, for others
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 44 with following description of goods:
Medical services, not in relation to the following fields: Veterinary services
Rental and leasing of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class.