The trademark VIO was filed by FindHotel B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on March 16, 2022, and received one opposition filed on March 29, 2022 by FIO SYSTEMS AG on Likelihood of confusion. the opponent was represented by esb Rechtsanwälte Strewe, Hänsel & Partner mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 29, 2022
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:
Apparatus, instruments and cables for electricity
Navigation, guidance, tracking, targeting and map making devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Magnets, magnetizers and demagnetizers
Information technology and audio-visual, multimedia and photographic devices
Measuring, detecting, monitoring and controlling devices
Optical devices, enhancers and correctors
Recorded content
Electronic publications
Electronic publications, downloadable
Media content
Recorded content
E-books
Audiovisual productions
Electronic databanks and Digital data files
Recorded data files
Digital data files (downloadable)
Databases
Software
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of data, sound or images
Safety, security, protection and signalling devices
Magnetic data carriers, recording discs
Calculating devices, Data processing equipment and computers, including peripherals
Media for connecting computer systems with one another
Computer hardware
Audio recordings featuring music
Teaching apparatus and instruments
Electronic, encoded or machine-readable data carriers in the form of cards
None of the aforesaid goods relating to the following goods: Hardware and digital solutions specialising in agricultural machinery, farming and crop optimisation
All the aforesaid goods exclusively for comparing and booking accommodation, hotels, hotel services, restaurants, catering services and travel arrangements
None of the aforementioned goods for software for the financial or real estate industry.
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Provision of online financial services comparisons
The bringing together, for the benefit of others, of a variety of telecommunications services, enabling consumers to conveniently compare and purchase those services
Advertising of the goods of other vendors, enabling customers to conveniently view and compare the goods of those vendors
Business management of hotels
Advertising services relating to hotels
Providing hotel rate comparison information
Hotel management for others
Hotel administration and Hotel management
Promotion [advertising] of travel
Advertising in the field of tourism and travel
Price analysis services
Hotel management
Commercial business management
Professional management of hospitality and catering establishments, including the following services: Professional management of hotels, restaurants, cafés, bars and clubs
Organising promotional events and activities, including openings, demonstrations, product presentations
Setting up and management of databases containing data relating to all possible forms of going out and entertainment and containing tourist information and information relating to offers for overnight stays in hotels
Interim business management
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Arranging of trade fairs, events and exhibitions for commercial or advertising purposes
Office functions in the context of loyalty schemes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet
All the aforesaid services exclusively for comparing and booking accommodation, hotels, hotel services, restaurants, catering services and travel arrangements
None of the aforementioned services for software for the financial or real estate industry.
The mark was filed in class 39 with following description of goods:
Services for the arranging of transportation
Transport information, advice and reservation services
Vehicle parking and storage
Transport
Rental services related to vehicles, transportation, and storage
Packaging and storage of goods
Booking of tickets for travel
Booking of holiday travel and tours and Booking of business travel
Travel booking agencies
Services for the booking of travel
Reservation and booking services for transportation
Booking of sightseeing tours through agencies
Travel tours and guided tours
Providing of searchable databases and lists of information in the following fields: Travel experiences, Destinations, Freighting and Services and topics relating thereto
Providing of information and links to the websites of others with travel information, services and routes
Arrangement of trips (transport)
Transport of travellers
Sightseeing, tour guide and excursion services
Booking and reservation services for tours
Information and consultancy relating to the aforesaid services
The aforesaid services whether or not provided via electronic means, including the internet.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Education, entertainment and sports
Publication oftexts, reporting of texts and Writing and publication of texts
Teaching
Education
Entertainment
Ticket reservation and booking services for education, entertainment and sports activities and events
Translation and interpretation
Booking of entertainment halls
Entertainment services provided by hotels
Arranging and conducting trade fairs, congresses, exhibitions, conferences and other events and meetings for educational, cultural or recreational purposes
Arranging and conducting of symposiums, seminars, workshops and lectures for educational purposes
Providing of training
Organisation of networking events for educational or cultural purposes
Organisation of cultural, sporting and recreational activities to promote entrepreneurial relationships and foster new commercial contacts
Providing of training
Providing recreation facilities and golf courses
Reservation, information and search services for the organisation of sporting and recreational events, local attractions, amusement and theme parks, entertainment, events, including concerts and shows
Organisation of parties and celebrations, musical and entertainment performances
Training
Rental of sporting and game supplies
Providing sports facilities
Music performances
Publishing, Lending, Issuing and Distribute In connection with the following goods: Magnetic data carriers and Newsletters, Lending libraries, Newspapers, magazines, articles, Columns, Brochures, pamphlets, Printed matter and other texts and Publications Relating to the following fields: Travel, Travel destinations, Travel, Transportation, Entertainment events, Cultural and sporting ceremonies and events
Direction and compilation of audiovisual productions
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 43 with following description of goods:
Providing temporary accommodation
Temporary accommodation reservations and provision of temporary housing accommodation
Providing temporary accommodation
Services for providing food and drink
Information, advice and reservation services for the provision of food and drink
Temporary accommodation information, advice and reservation services
Providing temporary accommodation
Providing temporary accommodation
Providing temporary accommodation
Booking of hotel accommodation
Travel agency services for booking accommodation
Booking of hotel accommodation
Hotel reservations
Hotels, hostels and boarding houses, holiday and tourist accommodation
Temporary rental of rooms, apartments, suites, conference rooms and exhibition rooms
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.