The trademark Avaco was filed by AVACO GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 20, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 22, 2021 by EL CORTE INGLES, S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and its proceedings were handled in English The second opposition filed on July 14, 2021 by Avacon AG on Likelihood of confusion. the opponent was represented by ARISTOS IP Partnerschaft von Rechtsanwälten mit beschränkter Berufshaftung Gerling Giannakoulis Pfleghar and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003150747 was refused according to Article 8(1)(b) EUTMR with decision issued on March 26, 2023 by the EUIPO. The Opposition with reference B 003153250 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 22, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conduction, distribution, conversion, storage, regulation or control of electric current
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, data processing equipment and computers
Programs for computers
Computer hardware
Computer peripheral devices
Internet servers
Cloud servers
Electronic mail servers
Computer networking hardware
Network routers
Notebook computers
Smartphones
Compact discs [read-only memory]
Compact discs [audio-video]
Computer programs, recorded
Computer programs, downloadable
Cloud computing software
Computer software for use in creating and designing websites
Software for embedding online advertising on websites
Internet access software
Software for operating an online shop
Downloadable applications for use with mobile devices
Downloadable computer software for remote monitoring and analysis
Computer software for the monitoring of computer systems.
The mark was filed in class 35 with Carrying out auction sales.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer aided transmission of messages and images
Transmission of electronic mail
Interactive broadcasting and communications services
Streaming of data
Telephone services
Teleconferencing services
Rental of access time to global computer networks
Providing access to databases
Videoconferencing services
Video-on-demand transmission
Providing telecommunication channels for teleshopping services
Provision of internet access services
Providing access to platforms and portals on the Internet
Transmission of electronic mail
Electronic transmission of instant messages and data
Distribution of data or audio visual images via a global computer network or the internet
Web messaging
Providing Internet chatrooms and Internet forums
Providing access to platforms on the Internet
Arranging and conducting of videoconferences
Internet service provider services.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Cultural activities
Arranging and conducting of seminars, Arranging and conducting of workshops, arranging and conducting of colloquiums, All the aforesaid in particular in the field of the internet
Consultancy with regard to training and further training
Correspondence courses
Correspondence courses
Arranging and conducting of training courses
Providing online electronic publications, not downloadable
Online publication of electronic books and journals
Production of video and/or sound recordings.
The mark was filed in class 42 with following description of goods:
Hosting computer sites [web sites]
Cloud hosting provider services
Server hosting
Hosting platforms on the Internet
Cloud computing
Providing virtual computer systems through cloud computing
Software as a service [SaaS]
Programming of operating software for accessing and using a cloud computing network
Rental of computer software
Consulting in the field of cloud computing networks and applications
Information technology [IT] consultancy
Providing search engines for the internet
Electronic data storage
Off-site data backup
Technological consultancy
Rental of computers and computer software
Web site design consultancy
Software design for others
Computer hardware development
Programming of software for online advertising
Programming of software for website development
Programming of software for e-commerce platforms
Programming of software for Internet platforms
Design and development of electronic greeting cards
Design, creation and programming of web pages
Updating websites for others
Development, updating and maintenance of software and database systems
Provision of on-line support services for computer program users
Computer software technical support services
Computer firewall services
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software, updating of computer software
Updating of computer software
Computer hardware and software consultancy
Computer programming
EDP consultancy
Computer programming
Computer animation
Installation and maintenance of software
Installation of computer software
Configuring computer networks by means of software
Data conversion of computer programs and data (not physical conversion)
Technical project management in the field of electronic data processing
Maintenance of computer software
IT services
Software development
Design and development of networks
Creation, organisation and maintenance of platforms on the internet.