The trademark Vesto was filed by Pascal Diefenbach, a national of the Federal Republic of Germany (the "Applicant") and Sascha Diefenbach, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 16, 2022, and received one opposition filed on August 10, 2022 by Festo SE & Co. KG on Likelihood of confusion. the opponent was represented by PATENTANWÄLTE MAGENBAUER & KOLLEGEN PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003176838 was refused according to Article 8(1)(b) EUTMR with decision issued on November 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business management of retail outlets
Business management of wholesale outlets
Business management for shops
Business representative services
Business management
Business management organisation
Arranging commercial transactions, for others, via online shops
Advertising
Computerised business promotion
Online advertisements
Business promotion
Advertising and marketing
Advertising, marketing and promotional services
Analysis of the public awareness of advertising
Announcement services for advertising purposes
Preparing audio-visual presentations for use in advertising
Business promotion services provided by audio/visual means
Preparation of advertising material
Preparation of publicity documents
Issuing of publicity leaflets
Provision of information relating to advertising
Provision of information relating to marketing
Outdoor advertising
Banner advertising
Corporate identity services
Marketing research
Provision of advertising space, time and media
Direct marketing
Digital marketing
Digital advertising services
Brand strategy services
Publicity services
Advertising agency services
Marketing agency services
Promotion services
Blogger outreach services
Brand evaluation services
Providing user rankings for commercial or advertising purposes
Providing user reviews for commercial or advertising purposes
Providing searchable online advertising guides
Advice in the field of business management and marketing
Analysis of advertising response and market research
Market campaigns
Referral marketing
Creative marketing plan development services
Development and implementation of marketing strategies for others
Brand creation services (advertising and promotion)
Brand creation services
Development of marketing concepts
Marketing plan development
Development of marketing strategies and concepts
Development of promotional campaigns
Design of advertising brochures
Design of advertising flyers
Developing promotional campaigns for business
Development of advertising concepts
Design of advertising logos
Design of marketing surveys
Design of advertising materials
Consumer profiling for commercial or marketing purposes
Advertising analysis
Production of advertising material
Preparation of custom advertisements for others
Provision of marketing reports
Preparation of marketing plans
Preparation of advertisements
Preparation of publicity publications
Preparation of trade publicity texts
Dissemination of data relating to advertising
Providing business marketing information
Providing marketing information via websites
Evaluating the impact of advertising on audiences
Event marketing
Television advertising
Sales promotion
Trade marketing [other than selling]
Issuing and updating of advertising texts
Publication of publicity texts
Providing assistance in the field of product commercialization
Management assistance for promoting business
Assistance to management in commercial enterprises in respect of advertising
Assistance in product commercialization, within the framework of a franchise contract
Business assistance relating to business image
Radio and television advertising
Web indexing for commercial or advertising purposes
Influencer marketing
Internet marketing
Marketing services in the field of web site traffic optimization