The trademark DELTA HOTELS BY MARRIOTT was filed by Marriott Worldwide Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on November 27, 2022, and received one opposition filed on February 27, 2023 by Delta Air Lines, Inc. on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 27, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on August 2, 2023.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising services
Dissemination of advertising matter
Rental of advertising space
Sales promotion for others
Franchise services, namely, offering business management assistance in the establishment and operation of hotels, restaurants, night clubs, bars, spas, recreational and fitness facilities, retail stores, condominiums, apartment buildings, conference centers, and timeshare resorts for others
Business management services, namely, management and operation of hotels, restaurants, night clubs, bars, spas, recreational and fitness facilities, retail stores, condominiums, apartment buildings, conference centers, timeshare resorts, resort recreation clubs, vacation clubs, undivided deed interest clubs, private residence clubs, right to use clubs, and long term lease projects for others
Presentation of goods on communication media for retail purposes
Retail and online retail services all connected with the sale of articles and equipment for household purposes, namely clothing, footwear, headgear, linens, bedding, bedding products, namely sheets, blankets, quilts, duvets and pillows, pillow cases, cushions, towels, furniture, namely bed mattresses, tables, chairs, interior furnishings, namely lamps, lights, radios, TV's, clocks, wall hangings, pictures, framed items, bathroom furnishings, namely mirrors, chinaware, toothbrush holders, tooth mugs, tooth mug holders, shower curtains, shower rails, showers, water and sanitary equipment apparatus and accessories, toiletries, cosmetics, fitness and exercise equipment, toys, plush toys, games, musical recordings, optical goods, cameras, DVDs, CDs, videos stationery, printed matter, umbrellas, luggage, jewellery, watches, foodstuffs, drinks, wines
Retail catalog services all connected with the sale of articles and equipment for household purposes, namely clothing, footwear, headgear, linens, bedding, bedding products, namely sheets, blankets, quilts, duvets, pillows, pillow cases, cushions, towels, furniture, namely bed mattresses, tables, chairs, interior furnishings, namely lamps, lights, radios, TV's, clocks, wall hangings, pictures, framed items, bathroom furnishings, namely mirrors, chinaware, toothbrush holders, tooth mugs, tooth mug holders, shower curtains, shower rails, showers, water and sanitary equipment and apparatus and accessories, toiletries, cosmetics, fitness and exercise equipment, toys, plush toys, games, musical recordings, optical goods, cameras, DVDs, CDs, videos stationery, printed matter, umbrellas, luggage, jewellery, watches, foodstuffs, drinks, wines
Rental of office equipment and machinery
Business management consultation services
Business administration services
Business meeting planning services
Customer loyalty services in relation to hotel and resort services
Charitable services, namely organizing and conducting volunteer programs and community service projects
Procurement services for hotels
Promoting hotel, resort and vacation services through a rewards incentive program
Tracking and monitoring incentive awards program for members.
The mark was filed in class 41 with following description of goods:
Educational services, namely, arranging and conducting seminars, workshops, classes, conferences, and symposiums in the fields of leadership development, human resources, customer service, customer and employee satisfaction and loyalty, employee recruitment, and employee orientation, training, and development, cooking, art, foreign languages, etiquette, arts and crafts, nature, and conservation
Providing entertainment, sporting and cultural activities
Arranging for tickets and reservations for shows and other entertainment events
Health and fitness club services, namely, providing services, facilities, instruction and equipment in the fields of fitness and physical exercise
Providing recreational facilities
Providing exercise facilities
Providing facilities and equipment for swimming pools, bicycling, golf, water sports, horseback riding, skiing and beach access
Golf club, golf course and golf instruction services
Providing tennis facilities, rental of tennis courts and tennis instruction
Providing amusement arcade services
Wedding celebrations (Organisation of entertainment for -)
Party and event planning and management services, namely arranging, organizing, scheduling and designing special events for social entertainment purposes
Arranging conferences and organizing exhibitions for cultural and educational purposes
Casino services
Gaming services offered in, by, through, adjacent to or in association with hotels and resorts
Cabaret services
Nightclub services
Providing hotel guests with educational and entertainment information about local attractions and points of interest within the vicinity of hotel properties and distributing materials in connection therewith
Art exhibitions.
The mark was filed in class 43 with following description of goods:
Temporary accommodation services
Hotel services
Services for providing food and drink
Restaurant, catering, bar and lounge services
Resort accommodation and lodging services
Provision of general-purpose facilities for meetings, conferences and exhibitions
Provision of banquet and social function facilities for special occasions
Rental of chairs, tables, table linen, glassware
Rental of meeting conference rooms
And reservations services for hotel accommodations for others.
The mark was filed in class 44 with Spa services, namely, providing facial, hair, skin and body treatments, manicure and pedicure services, massage services, body waxing services and beauty salon services.
The mark was filed in class 45 with following description of goods:
Planning and arranging of wedding ceremonies
Security services for the protection of property and individuals
Personal and social services rendered to meet the needs of individuals, namely, wedding chapel services, wedding ceremony planning and arranging consultation services
Personalized and customized services in relation to social events, namely, wedding chapel services, wedding ceremony planning and arranging consultation services, public events security services
Concierge services
Providing information in the field of hotel concierge services
Personal concierge services for others comprising of making requested personal arrangements and reservations and providing customer-specific information to meet individuals needs
Social escorting
Clothing rental services
Caretaker services for property including repairs and cleaning and or individuals including security
House sitting, baby-sitting services
Provision of information, advisory and consultancy services relating to all the aforesaid services.