The trademark V was filed by OMV Downstream GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 2, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on September 2, 2020 by V-Label GmbH on Likelihood of confusion. the opponent was represented by ARNOLD & SIEDSMA and its proceedings were handled in English
The second opposition filed on August 31, 2020 by Portfolio Concentrate Solutions Unlimited Company on Likelihood of confusion. the opponent was represented by BOMHARD IP, S.L. and its proceedings were handled in English
The third opposition filed on August 23, 2020 by Skandia Fastigheter AB on Likelihood of confusion. the opponent was represented by ADVOKATFIRMAN MARLAW AB and its proceedings were handled in English
The fourth opposition filed on August 18, 2020 by Torro Ventures Ltd on Likelihood of confusion. the opponent was represented by PAGE, WHITE & FARRER GERMANY LLP and its proceedings were handled in English
The fifth opposition filed on June 7, 2020 by Volmary GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Leidereiter, Thomas and its proceedings were handled in German
The application was filed in German, and German 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 August 23, 2020.
Goods And Services
The mark was filed in class 21 with Mugs.
The mark was filed in class 29 with following description of goods:
Meat
Meat substitutes
Fish, seafood, and molluscs, not live
Processed fruits, vegetables, nuts, pulses and mushrooms
Eggs
Dairy products, dairy products substitutes
Prepared meals or snacks consisting primarily of meat, meat substitutes, fish, seafood, molluscs, processed fruits, processed vegetables, processed nuts, processed pulses, processed fungi, eggs, dairy products or dairy products substitutes
Soups
Beverages based on dairy products and dairy products substitutes.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee-based beverages
Tea
Cocoa
Cocoa-based beverages
Chocolate-based beverages
Sugar
Bread, buns
Pastries
Cakes
Tarts
Biscuits (cookies)
Edible ices
Ice cream
Honey
Stuffed buns
Filled sandwiches
Hot dog sandwiches
Hamburger sandwiches
Sandwiches
Chocolate
Prepared meals or snacks consisting primarily of processed grains, processed cereals, pasta or dough
Snacks consisting primarily of chocolate
Cereals
Muesli
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum.
The mark was filed in class 31 with Fresh fruits and vegetables and Nuts [fruits]..
The mark was filed in class 32 with following description of goods:
Beer
Mineral water [beverages]
Aerated water
Non-alcoholic beverages
Fruit beverages and fruit juices
Syrups for making beverages
Preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Promotion services
Organisation, operation and supervision of customer loyalty schemes
Business management
Outsourcing services [business assistance]
Administrative services
Retail services relating to food and drink items
Retail services, in relation the following goods, Housewares, namely, Lighters, adhesive materials, Tableware, cooking pot sets and containers, Cleaning implements and articles, Cosmetology and Toilet utensils And bathroom articles, Household articles for clothing and footwear And parts and accessories of the afore mentioned goods
Retail services, in relation the following goods, Travel requisites, namely, Recorded data, Navigation, guidance, tracking, targeting and map-making devices and parts and accessories for all of the foregoing, Other than in the field of building technology
Retailing relating to periodicals, stationery, toys
Retail services, in relation the following goods, electrical goods, In particular communications apparatus, Audio apparatus and radio receivers, Apparatus and instruments for accumulating and storing of electricity, Apparatus for lighting, fans, Laser pointers, Electric image capturing devices, other than in the field of building technology
Retail services, in relation the following goods, electrical goods, namely, Cookers, Culinary equipment, Warming apparatus, Heating equipment, Cooling devices, Cooling equipment, other treatment apparatus, other treatment equipment, in relation the following goods, Food, drinks
Retail services, in relation the following goods, Entertainment media, Photography requisites, Other than in the field of building technology
Retail services, in relation the following goods, Spectacles, textile goods, Bags
Retailing relating to vehicle operating fluids, namely lubricants, brake fluids, chemical and non-chemical additives for fuels and lubricants, antifreeze, cleaning and fragrancing preparations
Retailing relating to vehicle parts, vehicle accessories, fuels, motor oil, car care products
Retail services, in relation the following goods, flowers, Giftware, Souvenirs, namely, jeweler goods, Jewellery, Chronometric instruments, keyrings, Jewellery, Cases adapted for watches, parts and accessories of the afore mentioned goods, Banknote holders, Hair ornaments
Retail services, in relation the following goods, Decorative articles, namely, statues, Figurines, Signs, Decorative trim, decorations, works of art, of the following materials, Ordinary metal, Paper, Cardboard, Stone, concrete, marble, wood, Wood resin, Wax, plaster, plastic, mica, Gums, Gutta percha, Cork, Reed, Cane, wicker, Horn bone, Ivory whalebone, Shell amber, Mother-of-pearl, Meerschaum, Articles of porcelain, Ceramics, earthware, Terra cota, Glass, leather, Furs, animal skins, Imitations of these materials
Retail services, in relation the following goods, Decorative articles, namely, statues, Figurines, Signs, Decorative trim, decorations, works of art, of the following materials, Coated with the following materials, precious metals, semi-precious metals, Precious stones, semi precious stones, Imitations thereof, Furniture, fixtures, Displays, Stands, signage, Artificial fruit, Artificial flowers, Artificial vegetables
Retailing of tobacco, smokers' articles
Compilation of various lottery tickets for others, enabling consumers to conveniently compare and purchase those services relating to lottery tickets
Compilation of various stored value cards for others, enabling consumers to conveniently compare and purchase those services relating to stored value cards
Retailing relating to proof of payment of road tolls
Wholesaling services, Retail services, in relation the following goods, Chemical substances, Chemical materials, chemical preparations, Natural elements, Used in industry, for scientific purposes, Hydrogen, Fuels, Chemical or non-chemical additives for fuels, And illuminants, Lubricants, oils, All for technical purposes, Hot water, Medicinal mineral water, Mineral waters
Professional business analysis and research relating to emergency care, in relation the following goods, Chemical substances, Chemical materials, chemical preparations, Natural elements, Used in industry, for scientific purposes, Fuels, And illuminants, Lubricants, oils, All for technical purposes, Hydrogen
Retail services, in relation the following goods, Housewares, namely, Food preparation implements, Kitchen knives and Flatware and parts and accessories for all of the foregoing, Feeding aids and dummies, Lighting and light reflectors, Cookers, Culinary equipment, Warming apparatus, Heating equipment, Cooling devices, Refrigerating apparatus and other treatment equipment and apparatus, in relation the following goods, Food, drinks, parts and accessories of the afore mentioned goods, Houses for animals, Beds for pets
Retailing relating to disposable paper products, printed matter, umbrellas, parasols, walking sticks, headgear, clothing, footwear including accessories therefor, sewing articles
Consultancy and information in relation to the aforesaid services, included in this class, Other than in the field of building technology.
The mark was filed in class 36 with following description of goods:
Debit card services
Issuing stored value cards
Issuance of tokens of value
Cash card services
Credit card and debit card services.
The mark was filed in class 37 with following description of goods:
Refuelling of land vehicles
Vehicle service stations [refuelling and maintenance]
Vehicle cleaning
Vehicle maintenance and repair
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 39 with Rental of garages and parking places.
The mark was filed in class 41 with Provision of children's playgrounds at service stations and motorway service areas and Ticket agency services [entertainment]..
The mark was filed in class 43 with following description of goods: