The trademark VOLUP PRIME FOOD DELIVERY was filed by Volup Technologies, a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on February 15, 2021, and received one opposition filed on May 16, 2021 by Amazon Europe Core S.à r.l. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Morgan, Lewis & Bockius LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2021
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 26, 2022. Appointment and Replacement of representative of the trademark registration was recorded on May 18, 2022. Appointment and Replacement of representative of the trademark registration was recorded on October 3, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Computer application software
Application software
Application software for mobile devices
Computer software for use as an application programming interface (API)
Downloadable software applications
Computer software applications, downloadable
Data recorded electronically
Big data management software
Data networks
All of the aforesaid goods for use in the field of food delivery services, food delivery, express delivery of goods.
The mark was filed in class 35 with following description of goods:
Online ordering services
On-line ordering services in the field of restaurant take-out and delivery
Consultancy relating to advertising
Advertising and promotion services and related consulting
Consultancy services relating to advertising, publicity and marketing
Computerized on-line ordering services
Business administration services in the field of transportation
Business management consulting services in the field of information technology
On-line advertising and marketing services
Systemization of information into computer databases
Collection of data
Data processing
Computerised point-of-sale data collection services for retailers
Compilation of information into computer databases
Data processing for businesses
Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
Data compilation for others
Business data analysis services
Market research data collection services
Analysis of market research data and statistics
All of the aforesaid services for use in the field of food delivery services, food delivery, express delivery of goods.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Electronic messaging
Data transmission
Electronic transmission of data
International data transmission
Data communication services
Data broadcasting services
Computer data transmission services
All of the aforesaid services for use in the field of food delivery services, food delivery, express delivery of goods.
The mark was filed in class 39 with Food delivery services and Express delivery of goods..
The mark was filed in class 42 with following description of goods:
Providing temporary use of web-based software
Providing temporary use of web-based applications
Providing temporary use of on-line non-downloadable software for the management of information
Providing temporary use of on-line non-downloadable software for the transmission of information
Providing temporary use of non-downloadable computer software for tracking packages over computer networks, intranets and the internet
Data warehousing
Electronic storage services for archiving electronic data
All of the aforesaid services for use in the field of food delivery services, food delivery, express delivery of goods.