The trademark S. SPOT was filed by NE Property B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on January 9, 2023, and received one opposition filed on April 4, 2023 by Spotify AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 4, 2023
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on October 25, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications
Computer software applications which offer information to consumers, namely about shopping centers, malls, shops from the shopping centers, malls, restaurants from shopping centers, malls, events, promotions from shopping centers, malls and other points of interest from shopping centers, malls
Mobile applications
Mobile applications which offer information to consumers, namely about shopping centers, malls, shops from the shopping centers, malls, restaurants from shopping centers, malls, events, promotions from shopping centers, malls and other points of interest from shopping centers, malls
Downloadable software applications
Software for mobile devices
Retail software
Electronic commerce software
Software platform.
The mark was filed in class 35 with following description of goods:
Advertising
The bringing together, for the benefit of others, of a variety of goods, namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, dyes, inks for printing, marking and engraving, raw natural resins, metals in foil and powder form for use in painting, decorating, printing and art, non-medicated cosmetics and toiletry preparations, cosmetic utensils, non-medicated dentifrices, perfumery, essential oils, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, industrial oils and greases, wax, lubricants, dust absorbing, wetting and binding compositions, fuels and illuminants, candles and wicks for lighting, pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for human beings and animals, plasters, materials for dressings, articles for menstruation, articles for contraception, disinfectants, preparations for destroying vermin, fungicides, herbicides, small items of metal hardware, metal containers for storage or transport, safes, incubators for eggs, hand tools and implements, hand-operated, cutlery, razors, scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing , measuring , signalling, detecting , testing , inspecting , life-saving and teaching apparatus and instruments, apparatus and instruments for recording transmitting , reproducing or processing sound, images or data, recorded and downloadable media, computer software, blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, cash registers, calculating devices, computers and computer peripheral devices, mobile phones, smartwatches, massage apparatus, apparatus, devices and articles for nursing infants, apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes, vehicles, apparatus for locomotion by land , air or water, fireworks, precious metals and their alloys, jewellery, precious and semi-precious stones, horological and chronometric instruments, musical instruments, paper and cardboard, printed matter, bookbinding material, photographs, stationery and office requisites, except furniture, adhesives for stationery or household purposes, drawing materials and materials for artists, paintbrushes, instructional and teaching materials, plastic sheets, films and bags for wrapping and packaging, printers' type, printing blocks, unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, printed matter, stationery and educational supplies, office requisites [furniture], plastics and resins in extruded form for use in manufacture, packing, stopping and insulating materials, flexible pipes, tubes and hoses, not of metal, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, furniture, mirrors, picture frames, household or kitchen utensils and containers, cookware and tableware, except forks, knives and spoons, combs and sponges, brushes, except paintbrushes, brush-making materials, articles for cleaning purposes, unworked or semi-worked glass, except building glass, glassware, porcelain and earthenware, ropes and string, nets, tents and tarpaulins, awnings of textile or synthetic materials, sails, sacks for the transport and storage of materials in bulk, raw fibrous textile materials and substitutes therefor, yarns and threads for textile use, textiles and substitutes for textiles, household linen, curtains of textile or plastic, clothing, footwear, headwear, underwear, socks, lace, braid and embroidery, and haberdashery ribbons and bows, buttons, hooks and eyes, pins and needles, artificial flowers, hair decorations, false hair, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings, not of textile, games, toys and playthings, video game apparatus, gymnastic and sporting articles, decorations for Christmas trees, meat , fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk, cheese, butter, yogurt and other milk products, oils and fats for food, coffee, tea, cocoa and substitutes therefor, rice, pasta and noodles, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate, ice cream, sorbets and other edible ices, sugar, honey, treacle, yeast, baking-powder, salt, seasonings, spices, preserved herbs, vinegar, sauces and other condiments, ice (frozen water), raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw and unprocessed grains and seeds, fresh fruits and vegetables, fresh herbs, natural plants and flowers, bulbs, seedlings and seeds for planting, live animals, foodstuffs and beverages for animals, malt, beers, non-alcoholic beverages, mineral and aerated waters, fruit beverages and fruit juices, syrups and other preparations for making non-alcoholic beverages, alcoholic beverages, except beers, alcoholic preparations for making beverages, tobacco and tobacco substitutes, cigarettes and cigars, electronic cigarettes and oral vaporisers for smokers, smokers' articles, matches, that are commercialised in/by shopping centres, malls and/or in/by shops, restaurants from shopping centres, malls, excluding the transport thereof, enabling customers to conveniently view and purchase those goods through websites, online platforms
Provision of an online marketplace for buyers and sellers of goods and services.
The mark was filed in class 42 with Software development, programming and implementation and Constructing an internet platform for electronic commerce..