The trademark VAN GOGH was filed by Stichting Van Gogh Sites Foundation, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on July 5, 2023, and received one opposition filed on September 28, 2023 by Stichting Van Gogh Museum on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAKKER & VERKUIJL B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2023
The application was filed in Dutch, and Dutch 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:
Advertising
Business management
Business administration
Merchandising and business consultancy thereon
Sales promotion
Business management of performing artists
Arranging and conducting of promotional events and activities, including openings, demonstrations and product presentations
Arranging and conducting of art exhibitions for commercial or advertising purposes
Arranging and conducting publicity and advertising events
Marketing agencies, Advertising agency services and Public relations services
Preparation and realization of media and advertising plans and concepts
Writing of publicity texts
Planning of marketing strategies
Brand positioning services
Mediation and conclusion of commercial transactions for others
Business consultancy
Strategic business planning
Commercial management
Publicity
Public relations services
Organisation of trade fairs, exhibitions and other events for commercial and advertising purposes
Retail services or Wholesale services in relation to the following goods: bleaching preparations and Other substances for laundry use, Cleaning, polishing, scouring and abrasive preparations, Soaps, Perfumery, Essential oils, Cosmetics, scientific apparatus and instruments, Photograpic apparatus and instruments, cinematographic apparatus and instruments, optical apparatus and instruments, Weighing apparatus and instruments, Devices and instruments for measuring, Apparatus for recording, transmission or reproductions of sound or images, Magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media
Retail services or Wholesale services in relation to the following goods: Data-processing apparatus and Computers, Software, sun glasses, Vehicles and parts therefor, precious metals and alloys thereof, Jewellery, precious stones, Horological and chronometric instruments, Paper, cardboard, printed matter, bookbinding material, photographs, Stationery, Adhesives for stationery or household purposes
Retail services or Wholesale services in relation to the following goods: Artists' materials, Paint brushes, Typewriters and office requisites, Teaching and instruction materials, Plastic materials for packaging, printers' type, printing blocks, Leather and imitations of leather skins, hides, change purses, Exchanges, Cases, Suitcases, Wallets, animal skins, Trunks and travelling bags, bags, Umbrellas, parasols and walking sticks, whips, harness and saddlery, Clothing, footwear and headgear, Belts, Furniture, bedding products
Retail services or Wholesale services in relation to the following goods: Pillows and Cushions, Textiles and substitutes for textiles, laundry, bed clothes and blankets, coverlets, Bath linen, Picture frames, Household or kitchen utensils and containers, Combs, sponges, brushes and brush making materials, Articles for cleaning purposes, steel wool
Retail services or Wholesale services, in relation to the following goods: Unworked or semi-worked glass, Glassware, porcelain and earthenware, Games, playthings, Gymnastic and sporting articles, Christmas decoration, Foodstuffs and beverages, Grains (seeds) and agricultural, horticultural and forestry products, Plants and flowers, Foodstuffs for animals, works of art
Market prospecting, research and analysis
Opinion polling
Data file administration
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
Compilation of statistics
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 39 with following description of goods:
Services for the arranging of excursions for tourists
Arranging of excursions, day trips and sightseeing tours
Transport
Packaging and storage of goods
Transport of travellers
Arranging and booking of travel
Arranging of sightseeing tours and excursions
Services of travel agency
Sightseeing [tourism]
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Art tuition
Providing of training in the field of art
Art exhibition services
Entertainment services and cultural activities, Art gallery services
Exhibition services for educational purposes
Exhibition services for entertainment purposes
Providing museum facilities [presentation, exhibitions]
Conducting of exhibitions for recreation purposes
Museum facilities (Provision of -) for exhibitions
Organisation of conferences, exhibitions and competitions
Information and consultancy relating to the aforesaid services
Allthe aforesaid services whether or not provided via electronic channels,including the Internet.