The trademark VIME was filed by Oxolo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 26, 2022, and received one opposition filed on October 26, 2022 by Twitter, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 26, 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:
Software
Computer software (downloadable software)
Software for the automatic creation of videos
Software for the automatic creation of videos based on information from websites
Software for the automatic creation of videos based on information from web shop offers
Internet bots
Interactive software
Interactive software based on artificial intelligence
Artificial intelligence software
Artificial intelligence software
Educational software
Communication software
Computer groupware
Mobile apps
Software (apps)
Software for the collection, administration and processing of data and information
Data storage programs
Databases (electronic)
Mobile data receivers
Downloadable software for the collection, administration and processing of data and information
Intelligent gateways for real-time data analysis
Computer programs for the representation of three-dimensional environments
Computer and video games software
Game programs for mobile phones
Apps (recorded and/or downloadable)
Apparatus for recording, transmission or reproduction of sound or images.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Communications services
Interactive communication services
Transmission of interactive entertainment software
Computerised communication services
Transmission of digital files
Providing access to global computer networks
Dissemination of information via media, Dissemination of information via data networks
Telecommunication services provided via Internet platforms and portals.
The mark was filed in class 41 with following description of goods:
Education and instruction services
Entertainment services
Interactive entertainment services
Online interactive entertainment
Entertainment through communication with chatbots
Software-based entertainment
Interactive entertainment services
Interactive computer game services
Provision of audio and visual media via communications networks
Entertainment in the form of computer, video, online and browser games, games programs for mobile telephones
Games on the Internet
Provision of on-line computer games
Providing of online and browser games
Providing on-line information in the held of computer gaming entertainment
Training, Advanced training
Arranging and conducting of conferences
Sporting activities.
The mark was filed in class 42 with following description of goods:
Development, programming, implementation and maintenance of computer software
Development, Programming services, Implementation and Servicing, In relation to the following goods: Software, Interactive software, Chatbots
Development, Programming services, Implementation and Servicing, In relation to the following goods: Software for the automatic creation of videos
Development, Programming services, Implementation and Servicing, In relation to the following goods: Software for the automatic creation of videos based on information from websites
Development, Programming services, Implementation and Servicing, In relation to the following goods: Software for the automatic creation of videos based on information from web shop offers
Development, Programming services, Implementation, Servicing, Relating to the following sectors: Communications systems
Providing artificial intelligence computer programs on data networks
Software as a service [SaaS]
Platforms for artificial intelligence as software as a service [SaaS]
IT services
Consulting services in the field of information technology
Technology consultation in the field of artificial intelligence
Computer services for the analysis of data
Rental of computer software and computer hardware
Hosting of computer sites (websites)
Provision of research services, Relating to the following sectors: Artificial intelligence
Provision of research services, Relating to the following sectors: Communications systems.