The trademark EMOOD was filed by ASR Nederland N.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 12, 2021, and received one opposition filed on December 12, 2021 by ESMOD on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 7, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific and measuring apparatus and instruments
Data-processing equipment and computers
Software
Software/app
Computer software relating to opinion surveys for the purpose of assessing employee happiness, vitality and productivity
Electronic publications, downloadable or on data carriers
Information in electronic form, Downloadable information or Information on carriers
All aforementioned goods not being in the field of fashion and training in fashion schools.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Preparation of public opinion surveys and Design of public opinion surveys
Opinion polling for the purpose of assessing employee happiness, vitality and productivity
Business examinations services
Conducting of internal business communication surveys
Setting up and management of databases
Updating and maintenance of data from databases
Compilation of statistics
Statistical analysis and reporting
Business data analysis services
Consultancy in the field of personnel and personnel affairs
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
All aforementioned services not being in the field of fashion and training in fashion schools.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Organize and holding, Relating to the following services: Courses, Coaching services, Training workshops, Lectures, Educational meetings and Entertainment events
Organisation of training and Arranging of workshops, in the following fields: Better movement, prevention of body complaints and/or curing of body complaints
Education to promote a healthy lifestyle
Arranging of sports events and Organisation of training
Training or education services in the field of life coaching
Personal coaching [training]
Coaching, in the following fields: Personal development training and Awareness-raising
Education and training in the form of a socio-physical training programme
Personnel training and For executives, In relation to the following fields: Collaborations and Communications
Publishing and Issuing, In connection with the following goods: Printed matter or Online content
Consultancy and information regarding the aforementioned services
The aforementioned services also provided via electronic networks, such as the Internet
All aforementioned services not being in the field of fashion and training in fashion schools.