The trademark SUBS was filed by Subs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 27, 2020, and received one opposition filed on July 26, 2020 by Bellin, David on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003126874 was rejected according to Article 8(1)(a) EUTMR with decision issued on February 3, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Social Media App.
The mark was filed in class 35 with following description of goods:
Marketing, advertising and promotion services
Dissemination of advertising for others via computer and communication networks
Promoting the goods and services of others via computer and communication networks
Marketing and advertising consultation services
Market research services
Provision of market research information
Online advertisements
Advertising, marketing and promoting the goods and services of others by means of providing photo and video equipment at special events.
The mark was filed in class 38 with following description of goods:
Peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users
Electronic transmission of data, messages, graphics, images and information
Providing online forums for communication, namely, transmission on topics of general interest
Providing online chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest
Broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging, and electronically transmitting data, information, messages, graphics, and images
Telecommunications services, namely, electronic transmission of photos and videos
Providing access to computer, electronic and online databases.
The mark was filed in class 42 with following description of goods:
Providing technical services that give users the ability to upload photographs, videos and other media via a website and apps
Providing use of online temporary non-downloadable software for modifying the appearance and enabling transmission of photographs
File sharing services, namely, providing technology, via a web site, enabling users to upload and download electronic data
Computer services, namely, providing an interactive web site featuring technology that allows users to manage their online photograph and social networking accounts
Hosting on-line web facilities for others for managing and sharing on-line content
Computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking
Application service provider (asp) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks
Providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple web sites
Providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data
Computer services in the nature of customized web pages featuring user-defined or user-specified information, personal profiles, audio, video, photographic images, text, graphics and data.