The trademark ALIGNIN was filed by Marijn van Oosten Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 16, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 15, 2022 by Align Technology, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and its proceedings were handled in English The second opposition filed on September 12, 2022 by Copenhagen Innovation ApS on Likelihood of confusion. the opponent was represented by PATRADE A/S and its proceedings were handled in English
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on December 11, 2022. Appointment and Replacement of representative of the trademark registration was recorded on April 3, 2023.
The Opposition with reference B 003178607 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 23, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
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
Application software
Software applications (for mobile telephones)
Computer software platforms
Data and file management and database software
System and system support software, and firmware
Computer software for personnel management
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
Information technology and audio-visual, multimedia and photographic devices
Safety, security, protection and signalling devices
Measuring, detecting, monitoring and controlling 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.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter, Including the following goods: Informational letters, Periodicals, Books, magazines, newspapers, pamphlets, Leaflets, contracts, Memoranda, Forms, printed, Other texts and other publications
Bookbinding material
Photographs [printed]
Writing cases [stationery]
Gums [adhesives] for stationery or household purposes
Artists' materials
Brush pens
Typewriters and office requisites (except furniture)
Teaching materials [except apparatus]
Plastic materials for packaging
Printing type
Printing blocks
Plastic-coated and laminated maps, documents and passes
Membership cards
Agendas
Stickers [stationery]
Posters
Posters
Writing paper, envelopes
Colouring pictures
Colouring books
Activity books.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Records management services, namely, Tracking and recording the ownership of digital illustrations
Providing of a website featuring an online marketplace for the exchange of digital collectibles
Merchandising and business consultancy thereon
Sales promotion
Compilation of information into computer databases
Data file administration
Business intermediary and advisory services in the field of selling products and rendering services
Providing on-line auction services
Bidding quotation
On-line auction bidding for others
Arranging and conducting of Internet auctions
On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet
Business management of performing artists
Arranging and conducting promotional events and activities
Arranging and conducting publicity and advertising events
Commercial management
Publication of publicity texts
Dissemination of advertising articles and advertising material
Publicity
Public relations services
Services of models and photo models for advertising and sales promotion
Marketing
Market research
Marketing studies
Negotiation and conclusion of commercial transactions for third parties
Business investigations
Design of advertising materials
Opinion polling
Writing of publicity texts
Demonstration of goods
Retail services in relation to recorded content
Import and export services, Retail and wholesale services in relation to the following goods: Recorded data files, Software, hardware, Data processing equipment and computers, Deepfakes, digital works of art, works of art, 3D renderings, Bleaching preparations and other substances for laundry use, cleaning-, polishing-, grease-removing preparations and abrasives, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Sanitary preparations for medical purposes, Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, Apparatus and instruments for the conduction, distribution, conversion, storage, regulation and control of electric current, Apparatus for recording, transmission or reproduction of sound or images, Magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, Cash registers, calculating machines, fire-extinguishing apparatus, Eyeglasses, sunglasses, Vehicles and parts therefor, Apparatus for locomotion by land air or water, precious metals and alloys thereof, Jewellery, precious stones, Horological and chronometric instruments, Watches, Paper, cardboard, printed matter, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, comic books, Cards, Posters, animation, Bookbinding material, photographs, stationery, adhesives for stationery or household purposes, Artists' materials, paint brushes, Typewriters and office requisites, Teaching and instruction materials, Plastic materials for packaging, printers' type, printing blocks, Leather and imitations of leather skins, hides, leatherware, animal skins, Trunks and travelling bags, bags, Pocket wallets and money purses, Umbrellas, parasols and walking sticks, whips, harness and saddlery, Clothing, footwear and headgear, Belts, Furniture, mirrors, picture frames, Household or kitchen utensils and containers, combs and sponges, Brushes, Brush-making materials, articles for cleaning purposes, Glassware, porcelain and earthenware, Textiles and textile goods, coverlets, bedding products, tablecloths, games, Video games, playthings, Dolls, Action figures, Gymnastic and sporting articles, decorations for Christmas trees, foodstuffs and drinks
Commercial information and advice for consumers in the choice of products and services
Providing business information via a web site
Promotion of retail services using loyalty card incentive programmes with a particular focus on clothing, footwear and fashion accessories
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Commercial lobbying services
Organisation of events or trade fairs for commercial or advertising purposes
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 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Entertainment and amusement services
Art exhibition services
Art gallery services
Rental of artwork
Entertainment services provided by performing artists
Education services related to the arts
Entertainment in the form of performances by vloggers and bloggers, via the internet, television and radio
Theatrical booking agencies
Museum services
Presentation of works of visual art and literature to the public, For cultural or educational purposes
Models and mannequins, not for publicity or sales promotion
Coaching of models and photo models
Arranging of exhibitions for educational, cultural or recreational purposes
Compilation and providing of training, courses and workshops
Organisation, production and implementation of festivals, concerts, tours, theatre productions and other events (not for commercial purposes)
Production and performance of music and entertainment programmes and broadcasting them on television, radio, the Internet and other media
Scriptwriting services
Compiling, producing, directing and presenting radio and television programmes, and of audio and video recordings
Film production services
Photography and photographic reports
News reporters services
Entertainment includingvia radio, television and the Internet
Providing electronic publications online
Arranging and conducting of conferences, congresses, classes, seminars, symposiums and workshops
Rental of motion pictures
Arranging stage and music shows
Producing and conducting music and entertainment programmes
Drafting and writing texts, other than publicity texts
Publication, lending and distribution of books, newspapers, magazines, periodicals and other printed matter via electronic channels and otherwise
Publishing, releasing, lending and disseminating vlogs and blogs in the fields of education, training, entertainment, sporting and cultural activities
Layout services, other than for advertising purposes
Organisation of trade fairs, exhibitions and other events for cultural and educational purposes
Electronic library services for the supply of electronic information (including archive information) in the form of text, sound information and/or recorded image material (video)
Information and consultancy relating to the aforesaid services
All the aforesaid services, including provided via electronic channels, including the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Industrial design
Industrial design
Designing works of art and models
Graphic design and graphic art services
Product design
Design of consumer goods
Styling [industrial design]
Design and development of computer hardware and software
Computer software programming services
Design and development of mobile applications
Hosting of mobile applications and websites
Hosting of platforms and portals on the internet
Hosting of communication platforms on the internet
Hosting of multimedia and interactive applications
Computer programming relating to multimedia and interactive applications
Programming of computer animations
Design and development of virtual reality software
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 44 with following description of goods:
Medical services
Hygienic and beauty care
Psychological, psychiatric and psychotherapeutic services
Psychological counseling and support
Psychological testing, including sessions involving simulated practical situations and role plays (assessment)
Psychological consultancy and counselling in the field of personal development
Healthcare institutions
Psychological testing
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 45 with following description of goods:
Astrological and spiritual services
Religious services
Services of confidential counsellors
Foster care
Dating agency services
Internet based personal introduction services
Dating agency services
(online) dating services
Online social networking services
Lobbying services, other than for commercial purposes
Legal aid services
Providing information on issues concerning human rights
Mediation
Organization of political meetings
Security services for the physical protection of tangible property and individuals
Consultancy and information relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.