The trademark PRIMITIVA was filed by SEA BREEZE FINANCE INTERNATIONAL S.R.L., a corporation established under the laws of the Republic of San Marino (the "Applicant"). The application was published for oppositions on November 15, 2022, and received one opposition filed on February 15, 2023 by Sociedad Estatal LoterĂas y Apuestas del Estado S.M.E., S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONS IP, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 15, 2023
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:
Business intelligence software
Electronic databases recorded on computer media
Web application software
Downloadable software applications
Computer software applications, downloadable
Downloadable applications for use with mobile devices
Downloadable software applications for use in the following fields: Insuring
All the foregoing only with reference to goods in the field of vehicle repair and spare parts.
The mark was filed in class 35 with following description of goods:
Business intelligence services
Provision of information and advisory services relating to e-commerce
Provision of commercial business information by means of a computer database
Promotion, advertising and marketing of on-line websites
Commercial intermediation services
Commercial information services, via the internet
Business management
Business promotion
Sales promotion
Advertising, marketing and promotional services
Administrative services relating to referrals for insurance agents
Promotion of financial and insurance services, on behalf of third parties
The bringing together, for the benefit of others, of a variety of insurance services, enabling consumers to conveniently compare and purchase those services
All the foregoing only with reference to services in the field of vehicle repair and spare parts.
The mark was filed in class 38 with following description of goods:
Providing access to e-commerce platforms on the Internet
Providing access to content, websites and portals
Telecommunication services provided via Internet platforms and portals
Data communication through Internet portals and sites
On-line communication services
Web site forwarding services
Providing access to platforms and portals on the Internet
Providing access to Internet portals for third parties
Telecommunication services provided via platforms and portals on the Internet and other media
All the foregoing only with reference to services in the field of vehicle repair and spare parts.
The mark was filed in class 42 with following description of goods:
Programming of software for e-commerce platforms
Consultancy relating to the creation and design of websites for e-commerce
Software platform for transmission of images, audio-visual content, video content and messages
Development of data bases and Development of computer software platform
Programming of software for Internet portals, chatrooms, chat lines and Internet forums
Development of computer software for logistics, supply chain management and e-business portals
All the foregoing only with reference to services in the field of vehicle repair and spare parts.