The trademark C COSTA BELIEVE YOUR EYES was filed by COSTA CROCIERE S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 16, 2023, and received one opposition filed on April 16, 2023 by Costa Del Mar, Inc. on Likelihood of confusion. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 16, 2023
It was designated 'Basic Application' for International Application 1722060 at the World Intellectual Property Organization (WIPO).
The application was filed in Italian, and Italian 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:
Downloadable multimedia files containing graphics, text, audio and videos relating to the journey authenticated by non-fungible tokens (NFTs)
Downloadable image files featuring two-dimensional barcodes for scanning, authenticated by non-fungible tokens (NFTs)
Downloadable computer programs for creating downloadable virtual goods, namely, images of cities, landscapes, villages, clothing authenticated by non-fungible tokens, and for creating apps and games for travel tours, the aforesaid goods for use in online virtual worlds
Virtual and augmented reality software, namely downloadable software for use in creating, modifying and transmitting avatars, software for use with digital currency, cryptocurrency and virtual currency, downloadable loyalty cards, incentive cards and reward cards that can be redeemed to purchase cruise ship services or ancillary services in online virtual worlds
Downloadable software for engaging in social networks (social networking) and interacting with online communities
Downloadable software for access to and streaming of multimedia entertainment content
Computer hardware and software with haptic technology for capturing, formatting, recording, distributing and recreating augmented reality, virtual reality, extended reality and mixed reality environments in the metaverse
Software for developing computer applications with haptic technology for the streaming and reproduction of augmented reality, virtual reality, extended reality and mixed reality environments 3D file types
Virtual reality computer software with haptic technology for recreating augmented reality, virtual reality, extended reality and mixed reality environments consisting of video and spatial data captured in a physical space
Computer software for creating digital animation and special effects of images
Covers for tablet computers
Virtual goods for use in virtual reality and augmented reality, namely Paper, Articles made of paper and paper articles for stationery use, namely magazines and Promotional brochures, Cardboard, Printed materials, publications, Newspapers and periodicals, books, Magazines, Manuals, catalogues, Newsletters and Other printed publications, Instructional and teaching materials, advertising material, photos, Posters and calendars, Book-binding requisites and Printing blocks, Artists' materials, Eraser dusting brushes, Office requisites, excluding the following goods: Furniture systems.
The mark was filed in class 16 with following description of goods:
Paper, Articles made of paper and Office stationery, namely magazines and Advertising pamphlets
Cardboard
Printed matters, publications, periodicals and newspapers
Books, magazines, periodicals, Manuals, catalogues, Newsletters and Other printed publications
Instructional, educational and teaching materials in printed form
Advertising material, Photographs [printed], Posters and Calendars
The mark was filed in class 35 with following description of goods:
Business consultancy in relation to the following sectors: technology, namely, simulated digital environments, augmented reality, virtual reality and the metaverse
Conducting of virtual trade fairs, in relation to the following sectors: hospitality
Conducting of virtual exhibitions in relation to the following sectors: hospitality, for commercial purposes
Providing of administration services relating to online registration for attendees of virtual hospitality events, seminars, meetings and conferences
Online advertising and promotional services
Promotion of goods and/or services of others, including in the hospitality field, through offering interactive multi-user experiences in 3D-rendered models of customer's physical spaces, description, price and other information that would be influential to a business customer in making a decision to buy goods or services via an interactive website
Providing online experiences with virtual reality equipment, connections for mobile phones or flat screens, namely conducting of virtual commercial events and special events for business purposes
Providing consumer research, consumer trend analysis, and consumer data analytics services in an interactive digital environment
Providing of an online marketplace for buyers and sellers to purchase and sell goods and services in relation to the following goods: security tokens being encryption devices
Providing of online retailing spaces for purchasers and sellers of downloadable digital images and films authenticated via non-fungible tokens (NFT)
Online retail shop services in relation to virtual services, namely virtual cruise ship services
Loyalty, incentive and bonus schemes, namely reward schemes for promoting the sale of cruise ship services
Administration of consumer loyalty programmes with virtual rewards that can be redeemed in the real world or the virtual world.
The mark was filed in class 39 with following description of goods:
Travel agency services, namely bookings and reservations for passenger and tourist transport via land, air and water, accessible in the virtual world
Travel and transport information and planning services for passengers and tourists, accessible in the virtual world
Organising transport for travel tours accessible in the virtual world.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely providing of virtual environments where users can interact for recreational, leisure or entertainment purposes
Entertainment services, Namely providing of non-downloadable online virtual goods, presentation of live performances, night clubs and casinos, namely night club services, discotheque services, conducting of live entertainment in the nature of games featuring quizzes, film screenings, providing of ongoing radio and television programmes, in relation to the following fields: Travel and Tourism
Theatre performances
Real and virtual education and entertainment services and other online events
Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes
Entertainment, namely providing online environments with streaming of entertainment content and live streaming of entertainment events
Entertainment, namely organisation, planning and presentation of virtual performances and social entertainment events
Providing virtual reality games, Via interactive website.
The mark was filed in class 43 with following description of goods:
Serving food and drinks and management of real and virtual restaurants, bars and canteens with real and virtual goods
Virtual bookings and online interactive websites offering reservations for others in bars, cafés and restaurants, all the aforesaid services provided on board cruise ships
Booking of hotel accommodation
Temporary accommodation reservations
Providing of facilities for events, meetings and temporary offices
All the aforesaid services offered in the physical world or the real world, and in online and virtual environments
Serving food and drinks, Namely providing of virtual restaurants in which users may view menu images, providing of online non-downloadable virtual food recommendations.