The trademark ELLO was filed by Ello Group Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on October 3, 2021, and received one opposition filed on December 30, 2021 by Elo Touch Solutions, Inc. on Likelihood of confusion. the opponent was represented by Merk-Echt / Maguire Boss and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 30, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and address of the trademark registration was recorded on May 23, 2022. Appointment and Replacement of representative of the trademark registration was recorded on March 16, 2023. Change of name and professional address of the trademark registration was recorded on March 29, 2023. Change of name and professional address of the trademark registration was recorded on April 11, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Magnetic and machine-readable cards containing encoded information
Encoded payment cards
Encoded stored value cards
Encoded credit cards and identity cards
Electronically encoded cards
Data cards, in particular identity, SIM, credit and payment cards
Smart cards
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Data, documents, information, photographs, video, audio, text and other media or multimedia, all being electronically recorded or downloadable from the internet or other communications networks
Electronic and downloadable vouchers and coupons
Encoded loyalty cards
Computer software for the collecting, editing, modifying, organising, sharing, storing and transmitting of data
Computer software in the nature of an application programming interface (API) for online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software for uploading, downloading, accessing and managing discounts, loyalty discounts, vouchers and coupons
Computer software for accessing, arranging, managing and organising subscriptions
Computer software for ticketing, ticket management, ticket price comparison
Computer software for reserving tickets for concerts, films, shows, sports events and other forms of entertainment and for paying therefor
Computer software for health and fitness
Computer software for accessing, arranging, managing and organising gym memberships
Computer software for providing information, advice, multimedia content and tools relating to exercise, fitness, wellness, nutrition, mindfulness, meditation and personal development
Computer software for use by individuals participating in exercise classes, physical training, and exercise instruction
Computer software for scheduling exercise classes, developing and monitoring personal activity and exercise plans, training goals
None of the aforesaid goods relating to the provision of ecommerce services or being tools to provide e-commerce services.
The mark was filed in class 16 with following description of goods:
Paper
Cardboard
Newsletters
Brochures
Leaflets
Printed publications, other than magazines
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Uncoded (card-like) information carriers, including for identification, credit, saving and payment purposes, of paper, cardboard, plastic, including membership cards, discount, advantage, payment and savings cards for use by club members
Customer cards and discount cards, not equipped with a magnetic strip
Gift packaging of cardboard (boxes).
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing services
Advertising agencies
Advertising and sales promotion
Promotion of goods and services of others
Providing and rental of advertising space
Public relations services
Commercial business project management
Commercial intermediation services
Business management consulting
Sponsorship search
Organisation and implementation of promotional incentive programmes, and monitoring thereof
Presentation of companies on the internet and other media
Negotiating and concluding commercial transactions for others
Presentation of goods and services with the help of audiovisual productions for commercial or advertising purposes
Business mediation in the sale and promotion of goods and the selection and display of goods
Office functions for loyalty schemes based on discounts or incentives
Administrative processing of purchase orders
Services of databases containing commercial and advertising information
Compilation of statistics
Office functions in the context of establishing and managing databases
Provision of commercial information
Market prospecting, research and analysis
Opinion polling
Fairs and shows arrangements for advertising purposes
Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card
Administration of loyalty programs involving discounts or incentives
Promoting the goods and services of others through discount card programs
Promoting the goods and services of others through the distribution of discount cards
Arranging newspaper subscriptions
Arranging magazine subscriptions
Arranging of subscriptions for the publications of others
Arranging subscriptions of the online publications of others
Arranging of book subscriptions
Information advice and consultancy relating to the aforesaid services
None of the aforesaid goods relating to the provision of e-commerce services or being tools to provide e-commerce services.
The mark was filed in class 36 with following description of goods:
Financial affairs
Monetary affairs
Finance services
Card payment services
Issuing payment cards and stored value prepaid card
Automated payment
Financial transaction processing services
Providing saving opportunities via saving and discount schemes and/or within the context of loyalty schemes
Information advice and consultancy relating to the aforesaid services
None of the aforesaid goods relating to the provision of e-commerce services or being tools to provide e-commerce services.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Entertainment by means of television, radio, cinema, cable television, satellite television and the internet
Compilation and providing of training, courses and workshops
Arranging and conducting of conferences, seminars, congresses, symposiums, lectures and other such educational activities
Publishing, lending and dissemination of newsletters, books, newspapers, magazines, pamphlets, leaflets, printed matter and other texts and publications
Organisation of trade fairs and exhibitions for educational purposes
Health and fitness services
Arranging, conducting and operating physical fitness instruction
Information advice and consultancy relating to the aforesaid services.
The mark was filed in class 43 with following description of goods:
Temporary accommodation
Catering
Preparing and serving meals
Hotel services
Hotel reservations
Hotel restaurant services
Rental of rooms for meetings, receptions, parties, exhibitions, trade fairs, congresses, conferences, workshops, seminars and other such events
Day-nurseries [crèches]
Information advice and consultancy relating to the aforesaid services.