The trademark modulu was filed by 1648 Factory GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2022, and received one opposition filed on December 8, 2022 by Wirtschaftskammer Wien on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Schmid, Katharina and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 8, 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 003184662 was refused according to Article 8(1)(b) EUTMR with decision issued on October 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 16 with Instructional and teaching material (except apparatus) and Including the aforesaid goods in relation to a digital learning platform..
The mark was filed in class 35 with following description of goods:
Publicity and sales promotion services
Creating and managing data files, including files containing image and sound material and other educational material,
The aforesaid services, in particular, in relation to the following fields: Digital learning platforms
Information and consultancy relating to the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education and entertainment
Teaching, Training, Courses and Courses
Developing and compiling teaching material and examinations
Providing, for educational purposes, image and sound material and other educational material
Publication of printed matter, whether or not in electronic or digital format
The aforesaid services, specifically, in relation to the following fields: Digital learning platforms, Including via the Internet
Information and consultancy relating to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Software design and development
Maintenance and updating of computer software and application software (apps)
Designing and developing web applications and websites
Hosting of web applications and websites
Including the aforesaid services in relation to a digital learning platform
Information and consultancy relating to the aforesaid services.