The trademark PODOplay was filed by Podersdorf Tourismus- und Freizeitbetriebsgesellschaft m.b.H., a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 3, 2021, and received one opposition filed on August 1, 2021 by Ehrenreiter, Johannes on Likelihood of confusion. the opponent was represented by WILDHACK & JELLINEK PATENTANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 2021
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 003151926 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Banner advertising
Digital marketing
Direct marketing
Referral marketing
Event marketing
Radio and television advertising
Marketing
Bill-posting
Advertisements (Placing of -)
Advertising in the field of tourism and travel
Advertising in periodicals, brochures and newspapers
Advertising via electronic media and specifically the internet
Advertising services by means of sandwich board
Advertising and marketing.
The mark was filed in class 39 with following description of goods:
Vehicle parking and storage
Provision of information relating to moorings
Provision of car parking facilities
Marina services [berthing, mooring, storage]
Parking and vehicle storage, mooring
Rental of moorings for boats
Parking place rental.
The mark was filed in class 41 with following description of goods:
Beach and pool clubs
Providing recreational areas in the nature of play areas for children
Education, entertainment and sport services
Sports and fitness services
Arranging and conducting of conferences
Organisation of conferences, exhibitions and competitions
Conducting of cultural activities
Conducting of cultural events
Presentation of live performances
Musical entertainment
Conducting of entertainment events
Box office services
Providing information about cultural activities
Providing information about sporting activities
Hospitality services (entertainment)
Sporting and cultural activities
Organising of sporting events, competitions and sporting tournaments
Organising events for entertainment purposes
Organisation of recreational tournaments
Organization of cultural shows
Booking of seats for shows
Ticket reservation and booking services for recreational and leisure events
Ticket reservation and booking services for entertainment events