The trademark GEMS was filed by Sys B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 2, 2021, and received one opposition filed on September 28, 2021 by Cornish Gems Ltd on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by JWP RZECZNICY PATENTOWI DOROTA RZĄŻEWSKA SP. K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 5, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer software for editing the appearance and enabling transmission of photographs and video's
Computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information
Computer software for use as an application programming interface (API)
Computer software in the nature of an application programming interface (API) for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Computer software for streaming audio-visual media content via a global computer network and to mobile and digital electronic devices
Downloadable software application for accessing a website where users can post ratings, reviews, and recommendations on vacation real estate listings, temporary accommodations, events, locations, businesses, services, and activities in the fields of entertainment, leisure, travel, tourism, and restaurants.
The mark was filed in class 35 with Advertising and advertising services, namely, promoting and marketing the goods and services of others via electronic communication networks..
The mark was filed in class 39 with following description of goods:
Providing an on-line searchable computer database with information on transportation, travel and route planning
Travel agency services, namely, making reservations and bookings for transportation and travel booking services
Providing travel consultancy
Providing an on-line computer database in the field of travel information services
Providing reviews of travel service providers, travel destinations and travel tours via computer networks and global information networks
Travel information services
Providing electronic information concerning travel
Providing information, news, and reviews of travel service providers.
The mark was filed in class 41 with following description of goods:
Providing computer, electronic and online databases in the field of entertainment
Publication of electronic journals and blogs featuring user generated or specified content
Night club reservation services, namely, arranging for admission to night clubs and entertainment events
Providing reviews of clubs, activities and attractions via a global computer.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable computer software for uploading, editing, storing and sharing photographs, graphics, video, and other multimedia over the internet
Provision of Internet search engines
Platform as a service (PaaS) services featuring computer software for accessing, browsing, and searching online databases
Platform as a service (PaaS) services featuring computer software for use as an application programming interface (API)
Computer services, namely, creating an online community for registered users to participate in discussions, get feedback from other users, and form virtual communities
Software as a service (SaaS) services featuring computer software for use as an application programming interface (API)
Providing online non-downloadable computer software for reserving and booking transportation, travel, and restaurants
Platform as a service (PaaS) services featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on travel, leisure activities, food and beverage, and restaurants
Computer services, namely, providing search engines for obtaining travel data and information via computer networks and global information networks
Software as a service (SaaS) services featuring computer software for accessing, browsing, and searching online databases
Software as a service (SaaS) services featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest, travel, leisure activities, food and beverage, and restaurants.
The mark was filed in class 43 with following description of goods:
Providing online reviews of local attractions via the Internet, namely, providing online reviews of hotels, restaurants and resorts via computer networks and global information networks
Travel agency services, namely, assisting with reservations and bookings for lodging over computer networks, global computer communication networks, and mobile networks
Providing lodging information services
Providing online reservation, booking and search services for temporary lodging, temporary accommodations and temporary vacation rentals
The aforementioned services for hotels, restaurants and resorts of third parties only.
The mark was filed in class 45 with following description of goods:
Social networking services
Online social networking services accessible by means of downloadable mobile applications
Providing on-line computer databases and on-line searchable databases in the field of social networking
Providing a social networking website for entertainment purposes
Personal and social services rendered by others to meet the needs of individuals, namely personal selection and recommendation of restaurants, bars, cafes, trips, excursions, events and other food related activities and venues for others
Providing social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, and entertainment.