The trademark e was filed by ÉLITE MOBILE S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 14, 2021, and received one opposition filed on November 17, 2021 by Telefónica Germany GmbH & Co. OHG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 17, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003158517 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 8, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electrical and electronic telecommunication and telephone apparatus and instruments
Radiotelephones
Mobile telephones
Encoded cards
Smart cards for telephone sets
Data communication apparatus and instruments
Modem
Computer software
Computer software and software applications for telephone and telecommunications apparatus
Devices for recording, reproducing and transmitting video, audio and images
Audio and video content downloadable from the Internet.
The mark was filed in class 35 with following description of goods:
Advertising in the field of telephone and telematic networks
Retail sale and wholesale services, also online, of telephones, electronic telecommunication devices and products
Management and supervision of sales of telephony services and ICT (Information Communication Technology) solutions
Arranging and managing telephone service subscriptions
Loyalty cards (services)
Customer loyalty programs
Information and advice relating to the aforementioned services
Organization of prize competitions for advertising purposes.
The mark was filed in class 38 with following description of goods:
Telecommunications, telecommunications and cellular and landline telephone services, satellite telecommunications, cellular telecommunications, radio telephone and cellular telephone services
Sending, receiving and forwarding of messages
Transmission and reception by radio and telephone apparatus
Rental of telephone, radio, radio telephone and radio copier apparatus
Communication of data by radio, telecommunications and satellite
Automatic answering machine
Personal numbering services
Temporary replacement of telecommunications equipment in the event of breakdown, loss or theft
Information relating to telecommunications
Rental of telecommunications apparatus
Management of mobile telephone operators
Video transmission
Provision of access services to Internet portals for sharing audio and video content.
The mark was filed in class 41 with following description of goods:
Arranging and conducting entertainment, sporting and culinary events
Arranging and conducting training courses in the field of social networks and social technology
Video production
Organization of competitions for entertainment purposes
Arranging and conducting competitions and challenges for entertainment purposes on social networks
Entertainment services for sharing audio and video recordings
Arranging virtual meetings with influencers and celebrities for entertainment purposes.
The mark was filed in class 42 with Creation, management and maintenance of a website that allows users to obtain loyalty rewards, tale part to prize competitions and challenges for entertainment purposes as well as to entertainment, culinary and sports events.