The trademark OMNIVA was filed by Aktsiaselts Eesti Post, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on November 1, 2022, and received one opposition filed on January 31, 2023 by myneva Group GmbH on Likelihood of confusion. the opponent was represented by RAFFAY & FLECK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 31, 2023
The application was filed in Estonian, and Estonian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Distribution machines, automatic
Postal automats and Automated order picking machines
Transporting machines
Transportation robots
Robotic mechanisms for transportation
Cargo handling machines
Conveyors
Unmanned transportation conveyors
Batch sorting machines
Automated storage facilities in relation to the following goods: Letters, Parcel post, Delivery packages
Sorting robots, Transportation robots in relation to the following goods: Letters, Parcel post, Delivery packages
Electrical, electronic and optical equipment and instruments, all for use in the handling, processing and sorting of goods, forwarded goods, mail and parcels
Mail sorters.
The mark was filed in class 9 with following description of goods:
Software (recorded programs) and downloadable software
Mobile applications (software)
Mobile device applications used for the providing of postal services
Mobile devices applications for tracking postal items
Access control devices
Digital locks
Smart locks
Instruments for conducting, in relation to the following goods: Parcel boxes and/or courier boxes, Slot machine
Computer software for order and supply systems
Computer software for storage systems
Software, In particular for use in the context of sending and receiving of parcels and In particular for use in tracking packages
Electrical devices and instruments, Electronic machines, apparatus, Optical apparatus and intruments, All for use in tracking and tracing goods, products shipped, mail and parcels
Apparatus for handling mail, namely scanning, verifying and weighing apparatus for mail
Mail control and inspection equipment
Franking (apparatus to check -)
Apparatus to check franking
Letter scales and Mail scales
Encoded magnetic cards
Smart cards
Telecommunication apparatus
Readers [data processing equipment]
Bar code readers
Magnetic encoders and readers
Computer software for managing post machines
Point of sale apparatus
Computer programs for post machines
Interactive terminals
Remote control apparatus and accessories for post machines
Remote monitoring apparatus
Electronic locking systems
Digital door locks
Electronic navigation systems
Software for processing electronic payments
Computer software for the transmission, recording, reproduction, display, organization, management, manipulation and review of messages, text, images, files, audio, video and audio-visual content
Electric invoicing software
Computer software for processing and analysing market data, customer data, shipping information, shipping volume information, consumer and target group information and address details
Software for customer relationship management
Interactive touchscreen terminals
Electronic payment terminals
Data processing equipment
Parts and fittings for the aforesaid.
The mark was filed in class 35 with following description of goods:
Office functions services
Retailing and wholesaling, for others, of postal and office requisites
Retailing and wholesaling, for others, via the Internet and/or e-shops, of postal and office requisites
Administrative processing of purchase orders
Procurement of goods and services for others
Organization of trade fairs for commercial or advertising purposes
Sales campaigns, advertising
Advertising
Publicity agencies
Updating of advertising material
Arranging newspaper subscriptions for others
Data search in computer files for others
Computerised data processing
Book-keeping
Billing
Drawing up of statements of accounts
Systemization of information into computer databases
Compilation of information into computer databases
Distribution of samples
Dissemination of advertisements
Sales promotion for others
Advertising by mail order
Direct mail advertising
Layout services for advertising purposes
Updating of advertising material
Publicity columns preparation
Writing of publicity texts
Word processing
Computer database management
Providing of addresses and address files
File management services
Providing of addresses
Marketing
Business management of postal and/or logistics companies
Business information agencies
Arranging and concluding of commercial transactions, includng within the framework of e-commerce
Dispatch of advertisements
Document reproduction
Collating, systematic ordering, updating and storage of data in a computer database
Order placement and invoice management, including within the framework of e-commerce
Electronic commerce systems, namely the receiving and handling of electronically transmitted order transactions
Electronic data processing for third parties
Systemisation and collation of information into databases, in particular for the management, updating, selection, formatting, analysing, rental and providing of addresses and address files
Electronic capture and electronic archiving of addresses or address files in computer databases
Electronic data exchange for commercial transactions
Call centre services, namely receiving of orders and complaints and providing information in the advertising and marketing fields
Data management on servers
Digital data processing
Call centre services, namely receiving of orders and complaints by telephone in relation to communications
Call centre services, namely receiving of orders and complaints by telephone in relation to transport and storage of goods
Business management services relating to logistics and transportation
Loyalty, incentive and bonus program services
Supply chain management services
Administrative processing of purchase orders within the framework of services provided by mail-order companies
Business management services relating to electronic commerce
Consultancy and information services relating to the aforementioned services.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Financial affairs
Monetary affairs
Electronic payment and money transfers
Electronic processing and transmission of invoice payment data
Deposits of valuables
Retirement payment services
Cheque verification
Insurance brokerage, in particular transport insurance brokerage
Customs brokerage and services
Insurance services relating to mail order businesses
Financial customs brokerage services
Tax and duty payment services
Arranging the payment of customs duties
Information and advisory services relating to any of the aforesaid services.
The mark was filed in class 38 with following description of goods:
Communications services
Computer aided transmission of messages and images
Electronic data, image and document transmission via computer networks and terminals
Transmission of electronic files of various kinds, in particular electronic video files and documents
Transmission of telegrams
Transmission of greeting cards online
Transmission of electronic mail
Facsimile transmission
Receiving and sending of faxes
Providing access to databases
Transmission of electronic mail
Providing online forums
Call centre services, namely providing information in the field of communications
Transmission of information on-line
Information and advisory services relating to any of the aforesaid services.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Postal services
Postal services via parcel machines
Porterage
Transportation logistics services
Freight forwarding
Delivery of goods on location
Delivery of goods by mail order
Unloading cargo
Receipt and delivery of newspapers
Receipt and delivery of messages
Rental of warehouses
Warehousing
Storage of goods
Rental of storage containers
Storage information
Transportation logistics
Courier services for messages and merchandise
Logistic services in the transport sector
Collection, transport and delivery of goods, in particular documents, packages, parcels, letters and pallets
Tracking of goods and freight, in particular documents, parcels, small packets, letters and pallets, through electronic location tracking
Franking of goods, in particular letters, parcels and packages, including online
Physical storage of electronically-stored data or documents
Transport of letters and goods, including via express services
Providing information relating to handling, transport and logistics, in particular the handling of documents, letters, packages, parcels and pallets
Providing of information in databases in relation to the transport, packaging and storage of goods
Transport and logistics consultancy
Gathering, addressing, placing in envelopes, folding and franking of goods, in particular letters, freight and parcels
Pickup and delivery of parcels and goods, Pick-up and delivery of letters
Storage of mail consignments and Storage of packages
Storage of goods, Storage of parcels
Packaging and marking of goods
Packaging services
Unloading and repackaging services
Letter, goods and parcels, reception and sorting services
Tracking and tracing services for letters, parcels and cargo
Arranging and conducting of mail order delivery services
Services relating to good returns, Being logistics services, Packaging services, Storage, Parcel services and Porterage
Rental and hire services in relation to the following services: Postal services and Porterage, Transport, Warehousing, Including rental of parcel machines
Information and advisory services relating to any of the aforesaid services.
The mark was filed in class 40 with following description of goods:
Printing, and photographic and cinematographic development
Duplication of audio and video recordings
Printing
Printing
Offset printing
Photographic printing
Printing of images on objects
Binding of books or documents
Paper finishing
Paper finishing
Digital imaging processing
Information and advisory services relating to any of the aforesaid services.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, including research and development relating thereto
Industrial analysis, research as a service and industrial design services
Quality control and authentication services
Design and development of computer hardware and software
Electronic data storage
Digitization of documents
Rental of computer software
Software as a service [SaaS]
Platform as a service [PaaS]
Offering temporary access to online computer software (non-downloadable)
Creation of application software, In particular for use in sending and receiving parcels, addressing parcels and tracking parcels
Providing platforms on the internet, In particular for use in sending and receiving parcels, addressing parcels and tracking parcels
Computer software design, Computer software development, Updating of computer software, Computer software design, Installation of Internet software and Maintenance of computer software, In particular for use in sending and receiving parcels, addressing parcels and tracking parcels
Preparation of data processing programmes
Storage of data in computer databases
Engineering services
New product development and design activities
Design and development of software for inventory management
Rental of software for inventory management
Providing temporary use of on-line non-downloadable software for inventory management
Project design services
Design and development of computer software for logistics and supply chain management
Editing and testing of software and applications
Installation, repair, maintenance and upkeep of computer software for use in parcel machines
Conversion of data or documents from physical to electronic media
Scanning and digitisation of documents
Creation and management of web sites
Conducting of studies, in particular studies into the transport and logistics of goods and mail deliveries
Computer programming
Updating, design, installation, maintenance and rental of computer software
Electronic data storage services
IT services in relation to Internet-based e-commerce, included in class 42
Providing information technology consultancy to online users via telephone or computers
Digitalisation of information
Technical consultancy in relation to e-commerce
Conversion of recorded electronic messages into a visually readable form and into physical records which can be transported in paper form
Electronic storage services for archiving databases, images and other electronic data
Storage of electronically stored data or documents
Information and advisory services relating to any of the aforesaid services.