The trademark VIVI was filed by VIVIGAS S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 27, 2020, and received one opposition filed on August 19, 2020 by vivi-power GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by REISER & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 19, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003129002 was rejected according to Article 8(1)(a) EUTMR with decision issued on July 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Fuel, combustible compositions, Electric energy and gas
Solid, liquid, and gaseous fuels and illuminants, in particular gas.
The mark was filed in class 9 with following description of goods:
Management software for gas and electronic devices for metering and measuring gases
Recorded magnetic, optical and electronic data carriers
Electronic systems for remote management, remote communication of data and point and discount voucher collection management
Electric and electronic devices for communicating energy consumption to consumers
Dedicated displays
Electrical sockets
Communications interfaces
USB ports
Electricity measuring instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, adjusting or controlling electricity
Apparatus and instruments for monitoring, metering and controlling gas
Gasometers
Apparatus for communicating information on gas metering and consumption
Apparatus for communication between gas providers
Energy management devices in the field of home automation
Apparatus for collecting, communicating and managing information relating to the network parameters of gas distribution
Data collection apparatus
Electric switchboxes
Electric power supplies
Electrical power distribution blocks
Solar panels
Installations for the distribution of electrical power
All relating to the field of electricity and gas, other than for powering vehicles.
The mark was filed in class 11 with following description of goods:
Gas heat generators
Gas distribution units
Apparatus for the purification of gases
Heating boilers
Heating installations
Heating frames
Furnaces
Reheating furnaces
Hotplates
Air heating apparatus
Electric unit heaters
Portable heaters
Aerating installations and air-conditioning installations
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
The mark was filed in class 35 with following description of goods:
Providing and arranging supply contracts for electric power, natural gas and natural gas by-products
Billing of energy supplies
Business management of energy, namely business management of energy generation and distribution installations [for others]
Promotion of gas-powered apparatus and instruments for lighting, heating, cooking, cooling, drying and ventilating
Advertisement services
Marketing services
Consultancy in the field of advertising and marketing, arranging and conducting of advertising events
Advertising presentations and information events relating to goods for advertising purposes
Organisation of exhibitions and trade fairs for economic and advertising purposes
Placing of advertisements in magazines and specialised magazines such as daily newspapers, radio and television advertising
Perimeter advertising in stadiums
Development and distribution of advertising material and advertising media
Collection of advertising material for others for commercial and advertising purposes in the form of sponsorship
Negotiation of advertising and sponsoring agreements for others
Publishing of advertising texts, public relations, business and advertising advice in the field of construction and operation of fuelling stations for natural gas vehicles
Billing services in the field of energy
Negotiation of business agreements for others relating to carrying capacity and transport via pipeline systems, data collection in computer databases, procurement for others in the field of energy supply and transport energy, in particular supply of natural gas and transport of natural gas.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
Banking
Banking
Issuing stored value cards
Economic and financial consultancy in the energy sector.
The mark was filed in class 37 with Construction of energy plants and pipeline systems for the transport of natural gas and electrical energy, such as fuelling stations for natural gas vehicles and Repairs, namely assistance, repair and maintenance of energy plants and pipeline systems for the transport of natural gas and electrical energy, such as fuelling stations for natural gas and electric vehicles, installation of plumbing systems, installation and repair of installations for heating, ventilating and air conditioning..
The mark was filed in class 39 with Distribution of electricity and gas and related consultancy.
The mark was filed in class 40 with Production of electricity and gas and related consultancy and Consultancy services relating to the generation of electrical power..
The mark was filed in class 41 with following description of goods:
Education relating to energy
Providing of training relating to energy production and distribution
Entertainment
Sporting and cultural activities
Organisation of competitions and awards, Education academy services.
The mark was filed in class 42 with following description of goods:
Research, development and technology relating to the field of energy and energy saving, namely gas and electricity metering
Remote server administration for the remote management of gas and electricity meters
Monitoring of computer systems for the remote control of household appliances and the consumption thereof via remote access
Consultancy relating to the aforesaid
Development of energy and power management systems
All relating to the field of electricity and gas, other than for powering vehicles.