The trademark AVAIL was filed by Avail N.V., a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on August 31, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on November 30, 2020 by Avnet, Inc. on Likelihood of confusion. the opponent was represented by TAYLOR WESSING and its proceedings were handled in English The second opposition filed on November 25, 2020 by Avail Support Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PURDYLUCEY INTELLECTUAL PROPERTY and its proceedings were handled in English
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The application claimed as seniority of "BX" trademark 1403077 registered on December 16, 2019 and filed on September 29, 2019 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for processing and transmitting images, audiovisual material and video material
Downloadable software for viewing and interacting with feeded images, audiovisual material and video material, and related text and data
Downloadable software for finding material and publishers of material, and for material subscriptions
Software for labelling images, audio visual material and video material with data for date, place, persons and subject
Computer search engine software
Software for social networking
Software for creating, managing and interacting with an online community
Software for managing social networking material, for interaction with a virtual community and for transmitting images, audiovisual material and video material, photos, videos, data, text, messages, comments, advertisements, media advertisements, communication and information
Software for creating, compiling, uploading, downloading, accessing, viewing, outdoor advertising, reproducing, labelling, blogging, streaming, connecting, annotating, indexing feelings about, commenting, embedding, transmitting, sharing, retrieving or otherwise providing or interacting with electronic media
Software for transmitting electronic warning messages, announcements and reminders
Software for transmitting and receiving electronic messages
Software for disseminating advertisements for others
Software for use as an application programming interface (api)
Software in the form of application programming interfaces (api) for facilitating online services for social networking, developing software applications and buying and disseminating advertisements
None of the aforementioned goods relating to the use of technology to analyse commercial and/or legal documentation or more broadly legal technology.
The mark was filed in class 25 with Clothing, footwear, headwear.
The mark was filed in class 35 with following description of goods:
Advertising and business promotion
Business management
Business administration
Marketing and other similar assistance in relation to business management for supporting the commercialization of products and services
Administrative services in relation to processing contracts for sale and rental of articles
Intermediary services relating to making business contacts (public relations)
Dissemination of advertisements for others
Mediation of advertising
Arranging and conducting auctions
E-commerce (Services in the field of -), namely provision of information relating to products via telecommunications networks for advertising and sale purposes
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services
Market manipulation, research and analysis
Marketing
Business consultancy, assistance and intermediary services relating to sale of products in the field of fashion
Retail services, wholesale services, import and export services relating to products in the field of fashion
Aforesaid services also through electronic and telecommunications means
None of the aforementioned services relating to the use of technology to analyse commercial and/or legal documentation or more broadly legal technology.