The trademark végétag was filed by PLATFORM.GARDEN, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 14, 2022, and received one opposition filed on October 16, 2022 by VÉGÉ BRANDS S.R.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 16, 2022
The application was filed in French, and French 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:
Encoding and decoding apparatus and instruments
Data encoding apparatus
Interactive entertainment software
Databases
Electronic Data recorder units
Downloadable computer software for the transmission of information
Computer programmes for data processing
Data processing apparatus
Apparatus for the transmission of data
Memories for data processing equipment
Media featuring encoded data
Media for computerised encoded data processing
Bar code labels, encoded
Identification labels [encoded]
Data processing programs recorded on machine-readable data carriers
Time-code generators
Information media [encoded].
The mark was filed in class 35 with following description of goods:
Data coding services, That is Data transcription
Systemization of information into computer databases
Collating of data in computer databases and Compilation of information into computer databases
Computerized file management
Data processing
Collection of data
All the above-mentioned services exclusively in the fields of gardening, horticulture, botany and viticulture.
The mark was filed in class 38 with following description of goods:
Transmission of computerized data
Electronic transmission of data
Provision of electronic data links
Mobile media services in the nature of electronic transmission of entertainment media content
Dissemination of audiovisual and multimedia content
Transmission of multimedia content via the Internet
Transmission of podcasts
Providing of hyperlinks to other websites
All the above-mentioned services exclusively in the fields of gardening, horticulture, botany and viticulture.
The mark was filed in class 41 with following description of goods:
Online interactive entertainment
Interactive entertainment services
Conducting guided tours
Organization of sightseeing and Conducting of guided tours for educational or teaching purposes
Conducting of guided tours around botanical gardens
Organization of entertainment events, Organising of recreational events and Organising events for cultural purposes
Organization of entertainment events or Organization of entertainment events
Providing of information, in relation to the following fields: Identification of flowers and plants Educational purposes or For educational purposes
Providing information, in relation to the following fields: Identification of plants and flowers Educational purposes or For educational purposes
Entertainment via podcasts (video and audio)
Providing information about cultural activities.
The mark was filed in class 42 with following description of goods:
Data encryption services
Encoding of data
Coding of messages
Decoding of data
Data encoding being computer programming
Programming of computers for the printing of bar codes
Development of computer codes
Designing computer codes
Hosting of recreational and educational multimedia content for others
Hosting multimedia entertainment content
Hosting of databases
Electronic data storage
Electronic storage of multimedia entertainment content
Computer code conversion for others
Conversion of data or documents from physical to electronic media
Conversion of computer programs and data, other than physical conversion
Providing information on computer technology and programming via a web site
Provision of technical information in relation to computers.
The mark was filed in class 44 with following description of goods:
Providing information, in relation to the following fields: Identification of flowers and plants for use in horticulture
Providing information regarding plant and flower identification for horticultural purposes
Advisory and counselling services in relation to the following fields: Gardening and Horticulture
Providing information in relation to the following fields: Gardening and Horticulture.