The trademark UMANA was filed by UMANA S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 28, 2023, and received one opposition filed on September 12, 2023 by Uman Xpert, Lda. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Fernandes, Joana
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003203257 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on April 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Franchising, namely services provided by a franchiser, namely transfer of commercial and organisational know-how
Commercial management and development assistance
Assistance in product commercialization, within the framework of a franchise contract
Business advisory services relating to the establishment and operation of franchises
Personnel recruitment
Temporary and permanent employment agencies
Staff leasing
Provision of temporary staff
Reinstatement of professionals on the labour market
Providing of information in relation to personnel recruitment
Human resources management and recruitment services
Employment, recruitment, placement, allocation of personnel and networks of professional contacts
Human resources consultancy
Human resources management
Organising and conducting job fairs
Promotion services
Promotion on digital channels
Headhunting services
Professional business research
Strategy consulting in relation to the following fields: Personnel recruitment
Professional recruitment services
Personnel recruitment advertising
Computerized file management
Digital advertising services
Digital marketing
Arranging and conducting of events, exhibitions, trade fairs and shows for commercial, promotional and advertising purposes
Business management consultancy in the field of executive and leadership development
Organisation and management of customer loyalty programs
Organisation, implementation and supervision of loyalty and incentive schemes
Personnel selection using psychological tests
Personnel selection using psychological testing
Personality testing for recruitment purposes
Employment agencies
Job and personnel placement
Job placement consultancy
Recruitment of temporary staff
Advertising in relation to personnel recruitment
Consultancy relating to personnel placement, recruitment and management
Preparation of advertising campaigns
Development of promotional campaigns
Executive search and selection services
Consultancy relating to the selection of personnel
Provision of information relating to recruitment
Office support staff recruitment services
Planning of marketing strategies
Development of strategies for personnel recruitment
Arranging and conducting of digital labour fairs
Search engine optimisation
Conducting business investigations and surveys
Business networking services
Work analysis to determine worker skill sets and other worker requirements
Tests to determine job skills
Presentation of companies on the Internet and other media
Presentation of goods and services by electronic means
Market research services regarding customer loyalty
Employment agency services
Job matching services
Online provision of information, in relation to the following fields: Occupation, Placement, Personal issues relating to vocational guidance and work life, Job resources, Resources and lists of job opportunities
Providing an on-line searchable database featuring classified ad listings and employment opportunities
Career networking services
Networking services, in relation to the following fields: Personnel recruitment, employment and Career opportunities
Compiling and input of information into computer databases
Search engine optimisation for the promotion of job applications
Information services relating to employment and career opportunities
Arranging, conducting and supervision of candidate loyalty schemes
Personnel consultancy
Professional consultancy relating to personnel management
Selection of personnel using psychological tests
Recruitment of temporary personnel
Placement of staff
Personnel management
Personnel relocation
Employment agency services
Personnel placement
Evaluation of personnel requirements
Consultancy relating to personnel recruitment
Recruitment and selection of executive personnel
Administrative services relating to the relocation of personnel.
The mark was filed in class 41 with following description of goods:
Affiliation (franchising), Namely services provided by a franchiser, namely Personnel training
Personnel training
Consultancy services relating to the education and training of management and of personnel
Consultancy, in relation to the following fields: Personnel training and Personnel development
Providing of training and further training for human-resources development
Organisation, preparation and conducting of colloquiums
Archive library services
Online digital publication
Conducting of educational events
Organisation of educational and recreational events for professionals and executives
Arranging of training courses
Providing of training for personal development
Consultancy in relation to education and the providing of training for management and non-management personnel
Training courses in strategic planning relating to advertising, promotion, marketing and business
Consultancy and information services relating to arranging, conducting and organisation of colloquiums
Arranging, preparation and production of video interviews
Vocational guidance and professional training
Consultancy and vocational guidance (training and education)
Issue of publications
Electronic publishing services
Providing online electronic publications, not downloadable
Providing electronic publications
Providing on-line information and news in the field of employment training
Conducting guided tours of companies
Provision of training courses
Workshops for training purposes
Preparation, conducting and arranging of seminars and workshops
Conducting workshops and seminars in self awareness
Remedial tuition
Further education
Providing online training seminars
Arranging, conducting and organisation of conferences
Arranging, conducting and organisation of congresses
Publication of books, periodicals, magazines, newspapers and information newsletters
Publication of printed matter, including in electronic form, except for advertising purposes
Publication of prospectuses
Publication of electronic magazines
Publication of texts and images, including in electronic form, except for advertising purposes
Personal coaching [training]
Organisation, production and presentation of events for educational, cultural or entertainment purposes
Training.
The mark was filed in class 42 with following description of goods:
Franchising, namely services provided by a franchisor, namely transfer of technical know-how
Hosting of digital content on the internet
Platform as a service [PaaS]
Electronic storage of digital images
Digital compression of computer data
Conversion of texts to digital format
Electronic storage of digital video files
Programming of software for portals, chatrooms, chatlines and forums on the internet
Updating of computer software
Configuration of computer software
Installation of computer software
Software customisation services
Software development
Programming of customised web pages featuring user-defined information, personal profiles and information
Hosting platforms on the Internet
Development of computer platforms
Design services
Design services, in relation to the following fields: Personnel recruitment systems
Web site design and creation services
Design and creation of custom websites featuring data, information, professional profiles, and job offers and requests
Electronic data storage
Electronic storage services for archiving databases
Hosting of databases
Design of computer databases
Development of databases
Design of computer databases
Development, maintenance, and updating of a telecommunication network search engine
Providing Internet search engines with specific search options
Providing of an internet search engine for job advertisements, curriculum vitae (CVs) and other information relating to employment.
The mark was filed in class 45 with following description of goods:
Franchising, namely services provided by a franchisor, namely communicating legal knowledge and licensing
Franchising, namely services provided by a franchiser, namely legal consultancy on franchising
Licensing of franchise concepts
Internet based personal introduction services
Providing of information in relation to self-improvement
Personal and social services rendered by others to meet the needs of individuals.