The trademark DRIVALIA was filed by FCA BANK S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 6, 2022, and received one opposition filed on August 8, 2022 by PRIVALIA VENTA DIRECTA, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD (INTERNATIONAL) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 8, 2022
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
The application was filed in Italian, and Italian 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 July 4, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Credit cards
Debit cards
Encoded magnetic cards
Banking cards [encoded or magnetic]
Smart card
Debit cards
Credit cards
Integrated circuit cards [smart cards]
Smart or chip loyalty cards
Smart discount cards (integrated circuit cards)
Electronic cash cards
Readers for use in relation to the following goods: Smart cards (integrated circuit cards), Encoded magnetic cards, Pay cards, Credit cards, Debit cards, Encoded loyalty cards, Discount cards and Bank cards
Apparatus for recording, transmission or reproduction of sound or images
Computers
Computer software (recorded programs)
Application software for mobile devices
Computer software for secure payment on communications networks, including the Internet
Computer gaming software
Computer programs, downloadable
Computer programs, recorded
Computer operating programs, recorded
Equipment for processing secure payments, for computerised communications networks such as the Internet
Data processing equipment and computers
Data processing apparatus
Monitors (computer programs)
Magnetic, digital and optical data carriers
Sound recording carriers
Recording or optical discs
Compact discs
DVDs
Telephone apparatus
Mobile telephones.
The mark was filed in class 35 with following description of goods:
Procurement of contracts [for others]
Business statistical information services
Vehicle fleet (business management of a -) [for others]
Arranging of contracts, for others, for the providing of services
Retail services in relation to vehicles for use on land
Wholesale services in relation to vehicles for use on land
Retail services in relation to vehicles
Retail services relating to automobile accessories
Wholesale services relating to automobile accessories
Retail services in relation to cars
Wholesale services in relation to cars
Retail services relating to automobile parts
Wholesale services relating to automobile parts
Advertising services relating to the sale of motor vehicles
Advertising
Business organization consultancy
Cost price analysis
Business management
Business administration
Arranging of contracts for the purchase and sale of goods and services, for others
Negotiation of business contracts for others
Promotion of goods and/or services
Business management and organization consultancy
Consultancy relating to business information or inquiries
Professional business consultancy
Personnel management consultancy
Providing assistance in the management of industrial or commercial enterprises
Business information
Commercial information agency services
Commercial information and advice for consumers [consumer advice shop]
Newspaper subscription services for others
Arranging subscriptions to telecommunication services for others
Presentation of goods on communication media, for retail purposes
Document reproduction
Computerized file management
Compilation of business information, statistics and advertising messages
Systemization of information into computer databases
Compilation of information into computer databases
Organization of exhibitions for commercial or advertising purposes
Public relations services
Business appraisals
Opinion polling
Market canvassing
Surveys and studies of customer satisfaction.
The mark was filed in class 36 with following description of goods:
Finance services
Monetary affairs
Real estate affairs
Insurance underwriting
Insurance consultancy
Consultancy, advice and information in connection with financial affairs, banking, monetary affairs and real estate affairs
Provision of consumer credit
Credit bureaux
Debt collection agency services
Revolving credit services
Credit inquiry and consultation
Provision of finance for credit sales
Instalment loans
Payment of funds
Financial management consultancy, and consultancy regarding the procurement of financial loans
Trust advice
Acquisition and transfer of monetary claims
Arranging the provision of finance
Loans (financing)
Guaranteeing loans
Credit transactions
Personalised credit offers
Hire-purchase financing
Long-term rental
Provision of finance for leasing
Provision of finance for hire-purchase
Credit services provided online or offline from data processing systems, computer databases or computerised or telematic networks, including the internet
Bank card, payment card, credit card and debit card services
Issuance of bank cards, payment cards, credit cards and debit cards
Payment, credit or debit services associated with loyalty card services
Credit insurance services
Actuarial services
Factoring
Currency trading and exchange services
Banking
Electronic funds transfer
Financial management
Financial analysis
Financial management relating to banking
Research and canvassing of financial markets
Online banking services
Financial market operations and transactions
Funds transfer services
Secure payment
Financial services relating to savings
Online banking, financial and monetary transactions on telecommunications networks and computerised communications networks
Banking, financial and monetary information, accessible in particular by telephone, data transmission, computer networks, via the Internet, intranets or extranets
Financial sponsorship
Insurance services for social welfare, pensions
Provident fund services
Mutual funds and fund management
Fund investment services
Advice relating to financial investments
Advice relating to the management and administration of assets
Financial evaluation [insurance, banking, real estate]
Fiscal valuations and assessments
Issuing of travellers' cheques and letters of credit
Real estate brokerage
Travel insurance
Finance services
Loans [financing]
Insurance underwriting services
Insurance underwriting
Insurance consultancy
Insurance consultancy
Insurance brokerage
Insurance services
Warranty insurance services
Brokerage
Insurance claim settlements
Insurance brokerage consultancy and information
Accident insurance underwriting
Claims settlement agency services
Claims adjustment for non-life insurance
Life assurance brokerage.
The mark was filed in class 39 with following description of goods:
Vehicle rental
Motor vehicle hire services
Rental of motor road vehicles
Motor land vehicle hire services
Reservation services for vehicle rental
Car rental
Car sharing services
Providing information relating to vehicle parking services
Providing information relating to vehicle driving services
Tracking of passenger or freight vehicles by computer or via GPS
Transport brokerage
Transport reservation
Freight and transport brokerage
Transport of persons and goods by land, air and water
Transport of travellers
Transport of passengers by road
Transportation of freight by road
Road rescue [transport] services
Services for the operation of tugs
Towing of motor vehicles
Vehicle transport services
Recovery services for vehicles
Storage of vehicles
Vehicle parking and storage
Services for the garaging of vehicles
Reservation and booking services for transportation
Planning, arranging and booking of travel
Booking agency services for travel
Booking of transport via global computer networks
Travel information
Travel arrangement and reservation services
Booking and reservation services for tours
Rental of parking places and garages for vehicles
Transportation of vehicles
Providing information about travel, via the Internet
Transport
Providing of information on the transport and rental of cars via apparatus, mobile telecommunications devices and online software applications