The trademark Gemeinsamzeit was filed by Jochen Schweizer mydays Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 9, 2022, and received one opposition filed on August 4, 2022 by Robinson Club GmbH on Likelihood of confusion. the opponent was represented by Fischer, Karsten and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2022
It was designated 'Basic Application' for International Application 1741810 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Partial Surrender of the trademark registration was recorded on May 11, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Coin-operated mechanisms
Cash registers, calculating machines, data processing equipment, computers
Computer software
Fire extinguishers
Wind tunnels, in particular vertical wind tunnels for sporting and leisure purposes
Helmets for use in sports, Goggles for sports
Data recorded in electronic form (downloadable)
Electronic publications, downloadable
Gift vouchers, voucher cards, loyalty cards, bonus cards, discount cards and other cards (encoded)
Software and software applications, including software downloadable via the Internet, in particular for enabling access to and the use, organisation, transfer and exchange of text, audio, video, image and multimedia files, online blogs, web links and instant messaging via the Internet and other communications networks.
The mark was filed in class 16 with following description of goods:
Paper, cardboard, conical paper bags, flags of' paper, containers of paper, boxes of paper, table napkins of paper, paper bows, table decorations of paper, wrapping paper, works of art and figurines of paper, architects' models of paper, envelopes of paper, cards of paper, wrappers of paper, sleeves of paper, leaflets of paper, sheets of paper
Paper vouchers
Packaging materials made of cardboard
Cardboard containers
Boxes of cardboard, works of art and figurines of cardboard, architects' models of cardboard, table decorations of cardboard, envelopes of cardboard, cards of cardboard
Printed matter
Bookbinding material
Photographs [printed]
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, included in Class 16
Type [numerals and letters]
Printing blocks
Images, brochures, books, calendars, prospectuses
Periodicals
Vouchers and voucher books, in particular gift vouchers and vouchers of value
Coupons
Gift vouchers, voucher cards, loyalty cards, bonus cards, discount cards and other cards (unencoded)
Tickets.
The mark was filed in class 35 with following description of goods:
Advertising, business management
Business administration
Office functions
Advertising agency services
Building promoter services, namely organizational arranging of building projects
Auctioneering provided on the internet
Purchasing of goods and services for other businesses
Publication of publicity texts
Marketing
Public relations services
Online advertising on a computer network
Arranging and conducting marketing promotional events for others
Arranging and conducting of fashion shows for advertising and sales promotion purposes
Organising exhibitions, trade fairs, shows and events for commercial, promotional and advertising purposes
Organisation of events for commercial and advertising purposes
Planning services for advertising
Planning and organising events for advertising purposes and consultancy relating thereto
Presentation of companies on the Internet and other media
Presentation of goods and services, for others, in particular on communications media
Production of advertising films
Publication of printed matter (including in electronic form), for advertising purposes
Radio advertising
Sponsoring in the form of advertising
Telemarketing services
Organization of trade fairs for commercial or advertising purposes
Dissemination of advertising matter
Writing of publicity texts
Sales promotion for others
Promotion of goods and services, for others, by means of events, sporting events, productions, meetings and offer packages
Rental of sales stands
Rental of advertising space, including on the Internet
Publicity material rental
Rental of advertising time on communication media
Arranging commercial transactions, for others, including within the framework of e-commerce
Arranging contracts, for others, for the buying and selling of goods, in particular by issuing vouchers and tickets in printed and electronic form
Arranging of contracts, for others, for the providing of services, in particular events, sporting events and leisure events, productions, meetings and offer packages, in particular by handing out passes and tickets in printed and electronic form
Arranging trade and business contacts, including via the Internet, in particular for the purpose of initiating the conclusion of contracts for the use of services, for others, and the selling of goods, for others
Distribution of samples
Direct mail advertising
Demonstration of goods and services for advertising purposes
Good and service presentations
Advertisement for others on the Internet
Collection of goods, for others, for presentation purposes
The bringing together of goods, for the benefit of others, for sales purposes, in relation to the following goods: Cosmetics, Tools, Construction articles, DIY articles and garden articles, Craft supplies, Sound recording carriers and data carriers, Fireworks, Clocks and watches, jewellery, Musical instruments, Printed matter, stationery, office requisites, Saddlery, Furnishings and Decorative articles, Awnings, tarpaulins, Articles of clothing, Shoes and textile goods, Toys, sporting goods, Food and drink, Tobacco products
Advertising via websites with coupons, discounts, price comparison information, product reviews, links to the websites of others, and discount information
Marketing by means of development, implementation, organising and operation of gift, voucher, loyalty, bonus, gift card and discount systems
Retailing and wholesaling, Especially, Internet trading, Mail order retail services, in relation to the following goods: Pharmacy articles, Namely of, Furbishing preparations, Cleaning instruments, polishing preparations, Vacuum polishing apparatus, Detergent, Cleaning appliances, Cosmetics, Housewares, Namely of, Household utensils and containers, house ware, Furniture and fixtures, Machinery, Namely of, Cutting machines, Drilling machines, Machines for abrasive grinding, Sharpening machines, Surface treatment machines, Fraises [milling machines], Molding machines, Mixer, Shredders (machines), Cooling machines, Mixing machines, Steam engines, Baking machines, cooking machines, Grill machines, Sewing machines, Cleaning machines, Washing machine, Flushing machines, Mowing and reaping machines, Tools and Metal goods, Namely of, articles of metal hardware, cable and Wire of metal, Building materials of metal, metal vaults.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Finance services
Monetary affairs
Real estate affairs
Issuance of tokens of value
Issuance, in relation to the following fields: vouchers, Voucher books, Especially, Adventure vouchers, Vouchers of value, also via the Internet, By mail order.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Arranging of transportation for travel tours
Booking of seats for travel
Escorting of travellers
Travel reservation
Organising adventure sightseeing flights, in particular with hot air balloons, aircraft, helicopters
None of the aforesaid services for resort hotels.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities
Information regarding leisure activities and sporting and entertainment events
Providing on-line electronic publications, not downloadable
Operating discotheques, operating adventure complexes, leisure facilities and sports facilities, holiday camps, and sports camps as well as adventure and amusement parks
Provision of club entertainment services
Booking of sports personalities for events (services of a promoter)
Entertainer services
Providing recreation facilities
Gym services
Publishing services, except printing
Games on the Internet
Presentation of live performances
Box office services
Photography
Cinematographic, audio, video and television production and presentation, arranging and conducting of cultural and sporting events, concerts and fashion shows for entertainment purposes
Organisation and planning of special events and consultancy relating thereto
Planning and organising events for entertainment purposes and sporting and cultural purposes and consultancy relating thereto
Party planning [entertainment]
Booking of seats for shows
Production of shows
Publication of printed matter (also in electronic form), except for advertising purposes
Entertainment using text, audio, video, image and other multimedia content via websites
Arranging entertainment, sporting and leisure offers, including on the Internet
Publication and issuing of printed matter
Organization of sports competitions
Arranging of entertainment shows
Organising adventure sightseeing flights with paragliders
Organising bungee jumps and parachute jumps, house running, body flying, base jumping
Arranging of competitions for entertainment purposes
Arranging and conducting of seminars, workshops, colloquiums and courses
Arranging and conducting gastronomic seminars, wine seminars, cookery courses and tastings
Organising prize games and games of chance
Organising beauty competitions and photo shoots
Rental of motion pictures and of sound recordings
Drama events, Music performances, Games, Dance events
Sale of tickets for events
None of the aforesaid services for resort hotels.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink, temporary accommodation, catering in experience gastronomy