The trademark WOM was filed by DeSavoie, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 2, 2022, and received one opposition filed on August 30, 2022 by jpc-Schallplatten-Versandhandels-gesellschaft mbH on Likelihood of confusion. the opponent was represented by Rolf Becker Rechtsanwalt and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Commercial information
Commercial information in relation to the following fields: Real estate affairs
Administrative support for others
Office functions
Book-keeping
Mail sorting, handling and receiving
Document reproduction services
Office functions, namely Scheduling of meetings and appointment management services
Office services for electronically collecting data and Office services for electronically manipulating data
Administrative services, in relation to the following fields: Management of commercial domiciliation
Relocation for businesses
Reception services for visitors [office functions]
Organisation, administration and management of telephone receptionist services
Telephone answering services and Providing receptionist and switchboard operator services for others
Computerized file management
Computerisedfile management
Database management and compilation
Systemization of information into computer databases
Compilation of statistics
Business management and organization consultancy
Provision of business assistance
Management assistance
Business assistance relating to corporate identity
Business management consultancy
Business auditing
Professional business consultancy
Efficiency experts
Business information
Business appraisals
Business investigations
Business research
Arranging and conducting of business meetings
Commercial intermediation services
Sponsorship search
Market research
Procurement services for others [purchasing goods and services for other businesses]
Negotiation of business contracts
Business management
Presentation of goods on communication media, for retail purposes
Loyalty, incentive and bonus program services
Business administration
Commercial administration of the licensing of the goods and services of others
Public relations services
Provision of assistance [business] in the operation of franchises
Advertising, marketing and promotional consultancy, advisory and assistance services
Advertising
Business promotion
Online advertising on a computer network
Rental of advertising time on communication media
Rental of advertising space
Direct mail advertising
Organisation of exhibitions and trade fairs for business and promotional purposes
Arranging and conducting of trade shows
Management of trade fairs
Conducting, preparation and organisation of trade fairs and shows for commercial and advertising purposes
Sales promotion for others
Human resource administration and management, including personnel recruitment and personnel placement
Business management for freelance service providers
Arranging newspaper subscriptions for others
Arranging subscriptions to telecommunications services for others
Arranging of subscriptions to internet services for others
Information and advisory services relating to the aforementioned services, including online
All the aforementioned services provided as part of real estate affairs, real estate development services as well as the development, design, construction and operation of hotel and residential complexes.
The mark was filed in class 36 with following description of goods:
Real estate affairs
Estate agency
Real estate consultancy
Real estate management
Real estate management
Real-estate brokerage services
Rental of real estate
Purchase of real estate and land and Sale and leasing of real estate, including land
Purchase, sale and Rental management, in relation to the following goods: real estate For commercial use
Rental of real estate
Renting of commercial premises
Provision of permanent housing accommodation
Real estate agency services, in particular Surveys of premises relating to real estate
Surety services
Rent collection
Valuation of property
Real estate appraisal
Lease-purchase financing services
Property development (raising capital)
Investment and mutual capital
Real estate investment
Property investment management services
Fiduciary administration of real estate
Banking
Financial management
Financial management of real estate and building construction projects
Financing of real estate and building projects
Financing of real estate developments
Financial analysis
Finance services
Banking, in particular Real estate and business capital transactions
Financial consultancy
Banking
Information and advisory services relating to the aforementioned services, including online.
The mark was filed in class 37 with following description of goods:
Construction services
Nstallation, in particular Interior design of real estate
Nstallation, in particular Interior renovation of real estate
Cleaning and maintenance of real estate
Construction information
Construction consultancy
Building construction supervision
Masonry
Plastering and plumbing
Roofing services
Building insulating
Demolition of buildings
Rental of construction equipment
Cleaning of homes, buildings (outer surfaces) and windows
Repair of security locks
Disinfecting
Rat exterminating
Office machines and equipment installation, maintenance and repair
Machinery installation, maintenance and repair
Installation, maintenance and repair of computer hardware
Installation, maintenance and repair of electronic appliances
Maintenance and repair of clocks and watches
Maintenance and renovation of furniture
Nstallation and Repair In connection with the following goods: Doors and Windows, Air conditioning apparatus, Heating, Electric equipment, Burglar alarms, Fire alarms, Irrigation devices, chilling apparatus
Laundering
Provision of launderette services
Cleaning of clothing, Bleaching of clothing and Pressing of clothing
Linen ironing
Maintenance, cleaning and repair of leather or furs
Shoe repair
Vehicle cleaning and maintenance
Vehicle breakdown repair services
Retreading or vulcanisation of tyres (repair)
Information and advisory services relating to the aforesaid services, Including on-line.
The mark was filed in class 39 with following description of goods:
Transport
Travel services
Package holiday services for arranging travel
Travel arrangement and reservation services
Sightseeing [tourism]
Tour operating and organising
Planning and arranging of sightseeing tours and day trips
Escorting of travellers
Rental of boats and vehicles
Rental of cycles
Push-chair rental
Travelling trunks rental
Driving services
Chauffeur driven car hire services
Travel, tours and excursions information
Travel consultancy
Transportation of travellers' baggage
Transportation logistics
Garage rental
Rental of garage parking places
Taxi transport
Physical storage of electronically stored data or documents
Information and advice in all the aforesaid fields, including online.
The mark was filed in class 41 with following description of goods:
Entertainment services
Conducting of cultural activities
Providing recreation facilities
Organising of entertainment and Conducting of entertainment
Organization of entertainment events and Conducting of entertainment events
Organisation of group recreational activities and Conducting of group recreation activities
Organization of competitions [education or entertainment] and Conducting of competitions (education or entertainment)
Organisation of parties and receptions (entertainment) and Conducting of receptions, functions and parties [entertainment]
Organisation of exhibitions for cultural purposes
Arranging of incentive and team-building events
Rental of amusement machines and apparatus
Games equipment rental
Lease of scenery
Box office services
Cinema presentations
Sporting activities
Providing sports facilities
Organisation of sporting events
Instruction in sporting activities
Rental of sports equipment, except vehicles
Electronic publishing services
Publication of books
Lending of books and other publications
Publication of texts and images, including in electronic form, except for advertising purposes
Publication of magazines
Publication of prospectuses
Services for the publication of newsletters
Photography
Photography production
Audio visual production
Video recording services
Providing audio or video studios
Videotape editing
Teaching
Training
Coaching [training]
Employment training
Organisation and Presentation of Workshops
Organisation of teaching activities and Conducting of educational activities
Arranging and conducting seminars, conferences, symposia, colloquia and congresses
Organizing meetings
Conducting of exhibitions for educational purposes
Vocational retraining
Rental of audio-visual apparatus
Video and audio rental services
Information and advisory services relating to the aforementioned services, including online
All the aforementioned services provided as part of real estate affairs, real estate development services as well as the development, design, construction and operation of hotel and residential complexes.
The mark was filed in class 42 with following description of goods:
Architectural and engineering services
Design services for architecture
Interior design
Home improvement services
Design of ornamental layouts
Design of furnishings
Planning
Development of construction projects
Architectural project management
Construction planning
Preparation of reports relating to architecture
Technical project studies in the field of construction
Construction drafting
Design and planning of construction work, and consultancy relating thereto
Research relating to real estate construction or urban planning
Technological research for the building construction industry
Surveying of real estate
Testing, authentication and quality control
Development (design), installation, updating and maintenance of comptuer software
Rental of computer software
Providing temporary use of non-downloadable business software
Computer programming
Computer system design
Digitization of documents
Platform as a service [PaaS]
Software as a service [SaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Cloud computing
Information technology [IT] consultancy
Designing, programming, maintaining and hosting webpages
Creation, hosting and maintenance of websites
Intranet design, development and maintenance
Server hosting
Computer rental
Computer time sharing facilities (Provision of -)
Rental of web servers
Leasing computer facilities
Providing temporary use of non downloadable computer software
Providing or rental of electronic memory space on the Internet
Providing online non-downloadable software for use in communication
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Rental of science and technology equipment
Electronic data storage
Electronic storage of computerised business information
Electronic storage services In connection with the following goods: Databases, pictures and other electronic data
Styling [industrial design]
Graphic arts design
Information and advice relating to the aforementioned services, including online
All the aforementioned services provided as part of real estate affairs, real estate development services as well as the development, design, construction and operation of hotel and residential complexes.
The mark was filed in class 43 with following description of goods:
Temporary accommodation
Hotel services
Boarding house services
Providing and rental of temporary accommodation
Provision of conference, exhibition and meeting facilities
Hiring of rooms for social functions
Rental of internal furnishings
Crèches and day-nurseries
Arranging temporary housing accommodations, Including via the internet
Retirement home services
Pet boarding services
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Drink dispensing machines (rental of)
Information relating to temporary accommodation and accommodation reservation services, including via the internet
Food and drink catering
Preparing food and drink for consumption on or off premises
Coffee supply services for offices [provision of beverages]
Café services and restaurants
Bar services
Tea rooms
Personal chef services
Food and drink catering
Restaurant reservation services
Providing of information relating to services for providing food and drink, including via the internet
Information and advisory services relating to the aforementioned services, including online.
The mark was filed in class 44 with following description of goods:
Hygienic and beauty care for human beings
Cosmetic treatment services for the body, face and hair
Sauna services
Beauty salon services
Massage
Beauty salon services
Hair salon services
Consultancy and advice in the field of body and beauty care
Health care relating to therapeutic massage
Manicuring
Pedicures services
Depilatory treatment
Slimming treatment services
Tanning salon and solarium services
Beautician services
Consultancy and advice relating to cosmetics
Consultancy and advice in the field of beauty
Providing bath houses
Thalassotherapy, hydrotherapy and balneotherapy
Aromatherapy services
Medical services
Medical assistance
Provision of health care services in domestic homes
Animal healthcare services
Convalescent or rest homes
Animal grooming services
Gardening
Landscape gardening services
Information and advisory services on all the aforesaid services, including online.
The mark was filed in class 45 with following description of goods:
Concierge services
Security services for the physical protection of tangible property and individuals
Guard services
Lost property return
Rental of clothing
Babysitting
Pet sitting
Dog walking services
House sitting
Legal services
Licensing of intellectual property
Licensing authority services
Management and exploitation of intellectual and/or industrial property rights
Legal services in relation to the negotiation of contracts for others
Mediation
Reviewing of standards and practices to assure compliance with laws and regulations
Online social networking services
Social introductions via the internet
Information and advisory services relating to the aforesaid services, Including online.