The trademark HOUZR was filed by VF Group B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 6, 2021, and received one opposition filed on December 6, 2021 by Houzz Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Abion Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software, Downloadable applications, Application software (apps) and Database management software, for use in the following fields: Combining data sources and calculating algorithms
Software, Downloadable applications, Application software (apps) and Database management software, for use in the following fields: Facilitating tactical decision-making on the programming of real estate, new construction or redevelopment projects
Software, Downloadable applications, Application software (apps) and Database management software, for use in the following fields: Calculating of the potential turnover, the quantitative match with the market demand and housing requirements of real estate, new construction or redevelopment projects and a cost indication and profit for the aforesaid configurations
Software, Downloadable applications, Application software (apps) and Database management software, for use in the following fields: Optimisation of decision-making in land acquisition, participation in a tendering procedure, completion of a plan, the land price that can be offered and the final deed-in-hand price to be paid
Software, Downloadable applications, Application software (apps) and Database management software, for use in the following fields: Searching, analysing and combining data sources and calculating algorithms, for project developers and investors.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Business organisation, business economic and business management consultancy
Compilation of information into databases
Research and analysis of data
Data processing
Economic and econometric analysis, evaluation, forecasting and consultancy
Marketing studies, marketing analysis and marketing consultancy
Business management consultancy
Business management consultancy
Consultancy services regarding business strategies
Business consultancy and advice
Drafting of reports relating to the aforesaid services
The aforesaid services whether or not provided online.
The mark was filed in class 36 with following description of goods:
Financial information, financial data services, Financial analysis, Financial consultancy and Financial consultations
Financial analysis and/or Financial accounts, in relation to the following fields: Promotion of real estate and Real estate projects
Financial analysis and/or Financial accounts, in relation to the following fields: Project configurations
Financial analysis and/or Financial accounts, in relation to the following fields: The potential turnover, the quantitative match with the market demand and housing requirements of real estate, new construction or redevelopment projects and a cost indication and profit for the aforesaid configurations
Financial analysis of data sources and/or calculation of algorithms for the optimisation of decision-making in land acquisition, participation in a tendering procedure, completion of a plan, the land price that can be offered and the final deed-in-hand price to be paid
Financial analysis of data sources and/or calculation of algorithms for project developers and investors
Information and consultancy relating to all the aforesaid services
The aforesaid services, Also on-line or Via software applications.
The mark was filed in class 42 with following description of goods:
Development, offering and temporary or permanent providing of online non-downloadable software
Development of non-downloadable software and Offering and temporary or permanent providing of non-downloadable software, for use in the following fields: Combining data sources and calculating algorithms
Development of non-downloadable software and Offering and temporary or permanent providing of non-downloadable software, for use in the following fields: Facilitating tactical decision-making on the programming of real estate projects, new construction projects or redevelopment projects
Development of non-downloadable software and Offering and temporary or permanent providing of non-downloadable software, for use in the following fields: Calculating of the potential turnover, the quantitative match with the market demand and housing requirements of real estate, new construction or redevelopment projects and a cost indication and profit for the aforesaid configurations
Development of non-downloadable software and Offering and temporary or permanent providing of non-downloadable software, for use in the following fields: Optimisation of decision-making in land acquisition, participation in a tendering procedure, completion of a plan, the land price that can be offered and the final deed-in-hand price to be paid
Development of non-downloadable software and Offering and temporary or permanent providing of non-downloadable software, for use in the following fields: Searching, analysing and combining data sources and calculating algorithms for project developers and investors
Software as a service [SaaS]
Software-as-a-service services featuring software, for use in the following fields: Facilitating tactical decision-making on the programming of real estate, new construction or redevelopment projects
Software-as-a-service services featuring software, for use in the following fields: Calculating of the potential turnover, the quantitative match with the market demand and housing requirements of real estate, new construction or redevelopment projects and a cost indication and profit for the aforesaid configurations
Software-as-a-service services featuring software, for use in the following fields: Optimisation of decision-making in land acquisition, participation in a tendering procedure, completion of a plan, the land price that can be offered and the final deed-in-hand price to be paid
Software-as-a-service services featuring software, for use in the following fields: Searching, analysing and combining data sources and calculating algorithms for project developers and investors
Platform as a service [PaaS]
Platform as a service featuring computer software for facilitating tactical decision-making on the programming of real estate, new construction or redevelopment projects
Platform as a service featuring computer software to be used for calculating the potential turnover, the quantitative match with the market demand and housing requirements of real estate, new construction or redevelopment projects and a cost indication and profit for the aforesaid configurations
Platform as a service featuring computer software for optimising decision-making in land acquisition, participation in a tendering procedure, completion of a plan, the land price that can be offered and the final deed-in-hand price to be paid
Platform as a service featuring computer software for searching, analysing and combining data sources and calculating algorithms for project developers and investors, hosting services
Hosting platforms on the Internet
Information and consultancy relating to all the aforesaid services.