The trademark WebSparK was filed by MOTORK ITALIA S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 10, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 9, 2023 by Koninklijke KPN N.V. on Likelihood of confusion. the opponent was represented by Koninklijke KPN N.V. and its proceedings were handled in English The second opposition filed on January 9, 2023 by Amazon Technologies, Inc. on Likelihood of confusion. the opponent was represented by Morgan, Lewis & Bockius LLP and its proceedings were handled in English The third opposition filed on October 12, 2022 by Katrych, Yevhen on Likelihood of confusion. the opponent was represented by Lapienis, Juozas 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).
Change of name and professional address of the trademark registration was recorded on May 16, 2023.
The Opposition with reference B 003180740 was refused according to Article 8(1)(b) EUTMR with decision issued on February 12, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software, recorded
Downloadable software
Mobile apps
Application software for mobile phones
Computer applications
Computer portals and social networking platforms
Software for providing access to databases on computer networks
Software for profiling users for commercial purposes
Software for systemising and grouping data within databases
Interfaces for computers
Computer programs, downloadable
Computer hard- and software, Namely software for providing access to databases containing information in the transport sector
Computer programs, recorded
Computer software platforms, recorded or downloadable
All the aforesaid goods only in relation to the following fields: Automotive industry.
The mark was filed in class 35 with following description of goods:
Advertising in the automotive sector
Advertising for sales activities in the motor vehicle industry
Advertising on digital networks and Marketing on digital networks, for the benefit of others, in relation to the following fields: Automotive industry
Development of advertising and marketing concepts in relation to the following fields: Automotive industry
Business information, including via the Internet, in relation to the following fields: Automotive industry
Market research and analysis in the fields of cars
Systematic ordering and collating of data in databases, only in relation to the following fields: Automotive industry
Presentation of goods and services only in relation to the following fields: Automotive industry
Arranging contracts, for others, for the buying and selling of goods and the providing of services of all kinds, only in relation to the following fields: Automotive industry
Arranging of commercial transactions, for others, includng within the framework of e-commerce, only in relation to the following fields: Automotive industry
Computerised order placement for others for teleshopping offers and offers for goods and services on the Internet, only in relation to the following fields: Automotive industry
Collating and updating data in computer databases, only in relation to the following fields: Automotive industry
Price comparison services, only in relation to the following fields: Automotive industry
Commercial negotiation and customer information, only in relation to the following fields: Automotive industry
Providing of online marketplaces for buyers and sellers of goods and services in the car sector
Search engine optimisation for sales promotion, in relation to the following fields: Automotive industry
Compilation of statistics only in relation to the following fields: Automotive industry
Marketing research, in relation to the following fields: Automotive industry
Marketing in the framework of software publishing, in relation to the following fields: Automotive industry
Negotiation of business contracts for others, only in relation to the following fields: Automotive industry
Negotiation and conclusion of commercial transactions for third parties, only in relation to the following fields: Automotive industry
Provision of an on-line marketplace for buyers and sellers of goods and services, only in relation to the following fields: Automotive industry
Commercial information and advice for consumers in the choice of products and services, only in relation to the following fields: Automotive industry
Web indexing for commercial or advertising purposes, only in relation to the following fields: Automotive industry
Rental of advertising time on communication media, only in relation to the following fields: Automotive industry
On-line advertising on a computer network, in relation to the following fields: Automotive industry
Rental of advertising space, only in relation to the following fields: Automotive industry
Updating and maintenance of data in computer databases, only in relation to the following fields: Automotive industry
Providing of goods and services in online marketplaces for buyers and sellers in the car industry
Providing of an online marketplace for buyers and sellers of vehicles
Search engine optimisation only in relation to the following fields: Automotive industry
Launch and promotional services in relation to the following goods: Vehicles, Sharing and accessories for the aforesaid goods
Assistance in relation to the following fields: Marketing of vehicles
Business brokerage services, in relation to the following fields: Automotive industry
Online community management services, only in relation to the following fields: Automotive industry
Launch and promotional services in relation to the following goods: Vehicles, Sharing and accessories for the aforesaid goods
Assistance in relation to the following fields: Marketing of vehicles
Business brokerage services, in relation to the following fields: Automotive industry
Online community management services, only in relation to the following fields: Automotive industry
Wholesaling and retailing of the following goods in the field of computers and electronics, including provided via the internet: data processing programs, software, computer software, software for smartphones, data collection apparatus, coding apparatus, data storage apparatus, only in relation to the following fields: Automotive industry
Providing of commercial consumer information on the internet, only in relation to the following fields: Automotive industry
Arranging of contracts relating to the maintenance and repair of cars, including organisational management of the aforesaid contracts
Retailing and wholesaling, also via internet, in relation to the following goods: Vehicles and Vehicle accessories
Provision and rental of advertising space, only in relation to the following fields: Automotive industry.
The mark was filed in class 38 with following description of goods:
Telecommunication services provided via Internet platforms and portals, only in relation to the following fields: Automotion
Providing access to information on the Internet, only in relation to the following fields: Automotion
Audio and video streaming via the internet, only in relation to the following fields: Automotion
Providing interactive access to computer databases, only in relation to the following fields: Automotion.
The mark was filed in class 41 with following description of goods:
Provision of online training, only in relation to the following fields: automotion
Providing of sales training by means of simulations, in relation to the followings fields: automotion
Colloquiums (arranging and conducting of-), only in relation to the following fields: automotion
Arranging and conducting of congresses, only in relation to the following fields: automotion
Providing online electronic publications, not downloadable, only in relation to the following fields: automotion
Publication of electronic books and journals on-line, only in relation to the following fields: automotion.
The mark was filed in class 42 with following description of goods:
Computer services concerning electronic data storage, only in relation to the following fields: Automotive industry
Design of network pages, only in relation to the following fields: Automotive industry
Homepage and webpage design, only in relation to the following fields: Automotive industry
Multimedia services for others, namely automatic data capture using sensors, in particular multimedia data and templates as well as storage thereof on data carriers, only in relation to the following fields: Automotive industry
Hosting of websites, for others, only in relation to the following fields: Automotive industry
Hosting web portals, only in relation to the following fields: Automotive industry
Providing platforms on the Internet, only in relation to the following fields: Automotive industry
None of the aforesaid services relating to business or financial consultancy
Design, development, programming and implementation of computers and computer software, only in relation to the following fields: Automotive industry
Design of information systems, only in relation to the following fields: Automotive industry
Consultancy, advice and information relating to information technology, Design and development of computers and computer software, only in relation to the following fields: Automotive industry
Electronic data storage, only in relation to the following fields: Automotive industry
Creating and designing website-based indexes of information for others [information technology services] only in relation to the following fields: Automotive industry
Web site design consultancy, only in relation to the following fields: Automotive industry
Creating and maintaining web sites for others, only in relation to the following fields: Automotive industry
Computer software design, only in relation to the following fields: Automotive industry
Consultancy in the design and development of computer hardware, only in relation to the following fields: Automotive industry.