The trademark OMSPHERE was filed by MADEINART S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 15, 2021, and received one opposition filed on August 30, 2021 by EL CORTE INGLES, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 11, 2024.
The Opposition with reference B 003153791 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 6, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Audio visual apparatus arid instruments
Teaching apparatus and equipment
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded or downloadable media
Computer software
Media storage
Computers and Peripheral devices
Goggles
Smartwatches
Shutter releases [photography]
Downloadable video recordings featuring music
Video recordings
Education software
Interactive software
Computer software, recorded
Downloadable software applications
Computer software platforms, recorded or downloadable
Downloadable multimedia files
Electronic publications, downloadable
Downloadable movies
Downloadable digital photos
Downloadable video recordings
Downloadable electronic books
Downloadable electronic brochures
Downloadable electronic maps
Computer programs, downloadable
Memory cards for video game machines
Computers
Downloadable image files
Downloadable music files
Interfaces for computers
Computer operating programs, recorded, Personal digital assistants [PDAs]
Audio- and video-receivers
Software
Electronic display boards
Television
Coin or token operated mechanisms
Computer software applications, downloadable
Downloadable applications for use with mobile devices
Downloadable mobile applications for the management of information
Downloadable mobile applications for use with wearable computer devices
Virtual reality simulators
Virtual reality models
Virtual reality headsets
Augmented reality software
Virtual reality hardware
Virtual reality headsets
Virtual reality glasses
Augmented reality game software
Virtual reality headsets adapted for use in playing video games
Telecommunication apparatus in the form of jewellery
Telecommunication apparatus in the form of jewellery
Covers for smartphones.
The mark was filed in class 16 with following description of goods:
Printed publications
Books
Manuals [handbooks]
Booklets
Catalogues
Flyers
Pamphlets
Albums
Newspapers
Periodicals
Almanacs
Comics
Posters
Graphic reproductions
Photographs [printed]
Tickets
Stationery
Conical paper bags
Paper
Greeting cards
Bookmarkers
Writing or drawing books
Note books
Calendars
Postcards
Briefcases
Placards of paper or cardboard
Signboards of paper or cardboard
Cardboard boxes
Writing paper
Wrapping paper
Erasing products
Office requisites, except furniture
Lithographic works of art
Engravings
Paintings [pictures], framed or unframed
Pencils
Pictures
Printing blocks
Stamps [seals]
Seal ink pads
Drawing instruments
Postage stamps
Graphic prints
Instruments for writing music, films, operas and dances.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Tee-shirts
Collar protectors
Suspenders
Waist belts
Beach clothes
Underwear.
The mark was filed in class 28 with following description of goods:
Games
Toys
Parlour games
Carnival masks
Theatrical masks
Balls for games
Scale model kits [toys]
Toys adapted for educational purposes
Electronic educational teaching games
Playing cards
Collectable playing cards
Playing cards.
The mark was filed in class 35 with following description of goods:
Trade show and exhibition services
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Business management of performing artists
Business management of performing artists
Casting [recruitment] of performing artists
Negotiation of commercial transactions for performing artists
Business management of performing artists
Negotiation of advertising contracts
Negotiation and conclusion of commercial transactions for third parties
Advertising
Outdoor advertising
Television advertising
Advertising by mail order
On-line advertising on a computer network
Presentation of goods on communication media, for retail purposes
Retail services for works of art provided by art galleries
Consultancy regarding public relations communication strategies
Layout services for advertising purposes
Sponsorship search
Marketing
Organization of fashion shows for promotional purposes
Commercial intermediation services
Commercial administration of the licensing of the goods and services of others
Computerized file management
Auctioneering services
Dissemination of advertising matter
Merchandising
Incentive and loyalty schemes
Setting up and managing data files, including in connection with services of a database.
The mark was filed in class 36 with following description of goods:
Art appraisal
Providing information relating to art appraisal
Banking
Monetary and financial affairs
Financing services
Benevolent collections
Organization of monetary collections
Electronic funds transfer
Financial sponsorship
Financial transaction services
Capital investment.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Access to content, websites and portals
Providing access to databases
Telecommunications consultancy
Communication by electronic means
Radio and television program broadcasting
Distribution of data or audio visual images via a global computer network or the internet
Audiovisual communication services
Broadcasting of radio and television programmes, including via a cable network and via the internet
Providing access to a global computer network for the transfer and dissemination of information
Providing access to weblogs
Providing on-line forums for transmission of messages among computer users
Providing on-line chat rooms for social networking
Audio teleconferencing
Electronic transmission of computer programs via the internet
Communicating with computer terminals
Providing access to databases
Forums
Telecommu-nication
Broadcasting of teleshopping
Transmission of digital files, Mobile telephone communications.
The mark was filed in class 39 with following description of goods:
Organization of sightseeing tours
Conducting of sightseeing tours
Conducting sightseeing tours for others
Arranging of excursions, day trips and sightseeing tours.
The mark was filed in class 41 with following description of goods:
Organization of exhibitions for cultural or educational purposes
Providing museum facilities [presentation, exhibitions]
Arranging and conducting of conferences, Business organisation and management of artistic activities
Conducting of exhibitions for entertainment purposes
Organization of exhibitions for cultural or educational purposes
Educational seminars
Organising of presentations for cultural purposes
Arranging and conducting of shows, for cultural purposes
Teaching
Box office services
Entertainer services
Arranging and conducting of competitions, Arranging and conducting of congresses, Arranging and conducting of conferences, Arranging and conducting of concerts, Arranging and conducting of shows, Arranging and conducting of tutorials, Arranging and conducting of training workshops
Exhibitions for cultural purposes
Organization of cosplay entertainment events, Arranging of photography events
Information relating to education and entertainment services
Production and distribution of movies
Cinema presentations
Publication of books
Publication of texts
Electronic publishing services
Electronic publication of books and magazines
Subtitling
Translation and publication of texts and photographs and video films
Production of documentaries
Reference libraries of literature and documentary records
Providing films and television programs via a video-on-demand services
Publication of electronic books and periodicals on the Internet
Publication of electronic newspapers accessible via a global computer network
Publication of manuals
Publication of online reviews in the field of entertainment
Publication of magazines in electronic format
Video and audio rental services
Rental of DVDs
Rental of newspapers and magazines
Rental of books
Hire of printed matter
Rental of artwork
Conducting of guided educational tours.
The mark was filed in class 42 with following description of goods:
Graphic arts design
Architecture, Equipment
Digitization of documents
Graphic arts designing services
Design and development of computer software
Software installation, Maintenance of computer software
Authenticating works of art
Conducting technical project studies
Consultancy in the field of scientific research
Consultancy in the field of industrial research
Industrial and graphic art design
Digitization of documents [scanning]
Hosting of computerized data, files, applications and information
Providing temporary use of on-line non-downloadable software
Scientific laboratory services
Design and development of systems for data input, output, processing, display and storage
Research laboratories
Scientific research
Archaeological exploration and research
Preparation of reports relating to scientific research
Commercial art design
Technical project planning
Design of data storage systems
Software design and development
Design and development of virtual reality software