The trademark FLYR was filed by Flyr, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on August 12, 2021, and received one opposition filed on November 14, 2021 by FLYR AS on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Abion AS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 14, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 5, 2022. Appointment and Replacement of representative of the trademark registration was recorded on May 5, 2022. Appointment and Replacement of representative of the trademark registration was recorded on May 8, 2022. Change of name and professional address of the trademark registration was recorded on October 6, 2022.
The Opposition with reference B 003158311 was refused according to Article 8(1)(b) EUTMR with decision issued on July 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs for profitability analysis and forecasting for use in the fields of airline and hospitality management
Computer software for revenue management, pricing, analysis, yield management, inventory optimization, forecasting applications, and travel information management for use in the fields of airline and hospitality management
Computer software consisting of financial, sales, planning, forecasting, and budgeting modules for use in the fields of airline and hospitality management
Computer software consisting of adopter behavior analysis, social forecasting, trend analysis and qualitative market analysis for use in the fields of airline and hospitality management
Computer software for forecasting pricing for use in the fields of airline and hospitality management
Computer programs, namely, decision support software applications for forecasting, demand planning and management, sales query and sales analysis, profitability planning, profitability monitoring and analysis in the fields of airline and hospitality management
Computer software for price optimization
Computer application software for travel information and booking, namely, software for airfare prediction
Computer software for travel information
Downloadable mobile applications for travel information
Downloadable software for travel information
Downloadable software in the nature of a mobile application for travel information
Software for travel information
Downloadable software and downloadable application software for the provision of online price optimization for travel, transportation and lodging services
Downloadable software and downloadable application software for the provision of online price optimization in the airline, hospitality, and travel community
Downloadable software and downloadable application software for the provision of a searchable directory of travel, transportation and lodging information for obtaining data and information from others via the internet
Downloadable software and downloadable application software for searching, compiling, indexing and organizing airline, hospitality, and travel pricing information.
The mark was filed in class 42 with following description of goods:
Computer services for price optimization available electronically via computer networks, global information networks and wireless networks
Providing of online, non-downloadable software used to transmit data relating to rates, availability, and reservations for flights, hotels, resorts and other providers of temporary accommodation services
Application service provider featuring application programming interface (api) software for integration of transportation, travel, tourism and temporary lodging and accommodation rate, availability and booking information into websites
Designing and developing websites and mobile software applications of others in the fields of transportation, travel, tourism and temporary lodging and accommodations
Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and websites of others in the fields of transportation, travel, tourism and temporary lodging and accommodations
Design and development of computer software
Development of computer programs
Development of computer platforms for the travel industry
Development of interfaces for computers and interfaces, software
Developing technology platforms for internet applications
Programming software for internet platforms and for e-commerce platforms
Hosting of internet platforms
Providing of online, non-downloadable software used to transmit data relating to price optimization for hotels, travel, travel planning and ground products
Software as a service (saas) featuring computer software used for price optimization for airlines, hotels, travel packages, cruises, tours, travel tickets, car rental, and entertainment activities for travelers
Platform as a service (paas) featuring computer software platforms used for price optimization for airlines, hotels, travel packages, cruises, travel tickets, car rental, tours and entertainment activities for travelers
Computer software installation and maintenance services
Design and development of computer software for airlines
The provision of information and consultancy services relating to the foregoing services
The provision of the foregoing services and information relating thereto online via computer software applications, computer databases, the internet, or via any other communications.