The trademark TOMS was filed by Social Value Portal Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 11, 2020, and received one opposition filed on September 10, 2020 by Mycoskie, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FOX WILLIAMS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 10, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer programs
Computer firmware
Computer applications for creating, authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images and electronic publications
Software applications delivered online through a web-browser or as a downloadable application or application delivered to any computing device including desktop, laptop, tablet computers and mobile devices
Computer software for e-commerce and downloadable magazines or downloadable publications
Data recordings including audio, video, still and moving images
Computer software and computer applications for accessing, browsing and searching online databases
Electronic databases
Downloadable electronic publications
Downloadable publications in electronic form, supplied online from databases provided on the Internet
Published material in digital format
Digital and analogue media for recording, reproducing, carrying, storing, processing, manipulating, transmitting, broadcasting, retrieving and reproducing downloadable publications, downloadable music, downloadable sounds, downloadable images, downloadable text
Downloadable sounds, downloadable images, downloadable text and information provided by telecommunications networks, by online delivery and by way of the Internet and the worldwide web
Information stored in electronic, digital and magnetic form
Downloadable software applications
Parts and fittings for the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Business consultancy
Business advice
Business research
Commercial evaluation services
Business forecasting
Business appraisals
Preparation of business plans
Business reports
Business investigations
Evaluation of business opportunities
Administrative services
Business project management
Procurement services
Procurement of contracts
Supply chain management services
Business analysis
Business surveys
Data collection services
Data processing
Data management
Compilation of data
Administrative data processing
Business and marketing data analysis
Data retrieval services
Interpretation and analysis of business, market, market research and marketing data
Collating, organising, collecting, analysing and systemising of business, market, market research and marketing data
Compiling of statistics
Collecting business and market statistics
Preparation of statistics
Processing of statistics
Marketing services
Marketing analysis
Marketing studies
Market research services
Market survey services
Media consultancy services in the field of business, market research, marketing data and advertising
Marketing research
Preparation of marketing plans
Planning of marketing strategies
Public relations services
Publicity services
Advertising
Online advertising services
Information, advice and consultancy services in relation to the aforesaid services.
The mark was filed in class 38 with following description of goods:
Providing access to portals on the Internet
Providing access to online platforms and portals
Electronic communication services
Providing user access to data on the internet
Arranging access to databases via the internet
Distribution of data via the internet
Internet based telecommunications
Provision of online forums
The provision of discussion forums
Telecommunication services
Data transmission and reception services via telecommunication means
Electronic exchange of data stored in databases accessible via telecommunication networks
Transfer of data by telecommunication
Digital transmission of data
Electronic and telecommunication transmission services
Provision of telecommunication access and links to computer databases and the internet
Telecommunication of information
Transmission and reception of database information via telecommunication networks
Value added network (communication) services
Information, advice and consultancy services in relation to the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education, training, instructional and teaching services
Provision of training courses, workshops, lectures and seminars
Provision of training facilities and instructional materials
Providing on-line tutorials
The provision of sound and video recordings for training purposes
Publication of books, booklets, brochures, leaflets, presentation documents, training manuals, magazines, journals, periodical publications, reports, newspapers, newsletters, guides, educational, instructional and teaching materials