The trademark NOWABILITY was filed by IMAGINE stories s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on May 17, 2022, and received one opposition filed on August 16, 2022 by Sky UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MISHCON DE REYA IP B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 16, 2022
The application was filed in German, and German 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:
Application software
Downloadable application software for smartphones
Mobile apps
None of the aforesaid in relation to entertainment, on-demand television services, telecommunications, broadcasting, broadband and fixed line and mobile telephony services.
The mark was filed in class 16 with Printed matter and Educational and teaching materials..
The mark was filed in class 41 with following description of goods:
Training, education
Coaching
Organization and arranging of seminars, workshops, conferences and competitions
Provision of online tutorials
Distance learning services provided online
Electronic publication services.
The mark was filed in class 42 with following description of goods:
Hosting services, software as a service, and rental of software
Providing temporary use of web-based applications
IT consultancy, advisory and information services
None of the aforesaid in relation to entertainment, on-demand television services, telecommunications, broadcasting, broadband and fixed line and mobile telephony services.