The trademark TOMAS TOURISTIC ONLINE MANAGEMENT SYSTEM was filed by My.IRS GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 16, 2023, and received one opposition filed on March 30, 2023 by Amadeus Germany GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 30, 2023
The application was filed in German, and German 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:
Databases
Software
Computer programs for accessing, browsing and searching online databases
Computer software platforms
Computer programmes for data processing
Data and file management and database software
Computer utility programs for file management
Computer software to enable searching and retrieval of data
Computer software to enable retrieval of data
Data recorded electronically from the internet
Management information system [MIS] software
Interactive computer software that provides navigational and travel information
Reservation systems software
Computer programs for access to and browsing and researching online booking systems in the field of tourism, in particular for accommodation, accommodation bureau services, pamphlets and articles, guided city tours, package deals, adventures and events, groups, conferences, meetings, fairs and congresses
Computer software for access to information and reservation systems for hosts, adventure providers, tourist attractions, museums and tourist information
Computer software to aid events organisers in ticket sales and registrations, payment processing and sales for current events onsite, and to offer event participants the option to search for events, purchase tickets and registrations and collect information
Software for event venue management, namely, software for event producers, promoters and venue managers to manage booking and calendars, settle gross receipts and facilitate the sale of event tickets through integration with other programs
Computer hardware for registration, check-in, ticket sales and validation at events, conferences, festivals, and venues.
The mark was filed in class 36 with following description of goods:
Travel insurance
Consultancy and brokerage services relating to travel insurance
Insurance agencies
Providing a website featuring information about payment for event tickets
Consultancy and information relating to the payment of event tickets.
The mark was filed in class 38 with following description of goods:
Provision and rental of telecommunications facilities and equipment
Leasing access time to web sites [isp's]
Rental of access time to websites (ASP platforms) in the field of tourism.
The mark was filed in class 41 with following description of goods:
Ticket reservation and booking services for education, entertainment and sports activities and events
Ticketing and event booking services
Arranging and conducting of training courses
On-line ticket agency services for entertainment purposes.
The mark was filed in class 42 with following description of goods:
Design, development, maintenance and updating of computer software
Software development, programming and implementation
Maintenance and updating of software and databases
Technical consultancy relating to the installation and maintenance of computer software
Rental of computer software relating to travel
Development of systems for the storage of data
Operating search engines
Provision of on-line support services for computer program users
Providing search engines for obtaining data on a global computer network
Development of computer software for tourism management and booking portals.
The mark was filed in class 45 with following description of goods:
Licensing of computer software [legal services]
Licensing authority services
Consultancy relating to computer software licensing.