The trademark XLR8 was filed by Adaptavis Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 30, 2023, and received one opposition filed on November 27, 2023 by BG Sportpromotion GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HÖHNE, IN DER MAUR & PARTNER RECHTSANWÄLTE GMBH & CO KG and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 27, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Application software
Application software for mobile devices
Downloadable cloud-based software
Downloadable electronic publications
Downloadable videos
Downloadable media
Computer software for use in business consultancy, agile business transformation, agile business coaching and agile business training
Application software for use in business consultancy, agile business transformation, agile business coaching and agile business training
Application software for mobile devices for use in business consultancy, agile business transformation, agile business coaching and agile business training
Downloadable cloud-based software for use in business consultancy, agile business transformation, agile business coaching and agile business training
Downloadable electronic publications for use in business consultancy, agile business transformation, agile business coaching and agile business training
Downloadable videos for use in business consultancy, agile business transformation, agile business coaching and agile business training
Downloadable media for use in business consultancy, agile business transformation, agile business coaching and agile business training
Audio-visual educational, teaching and training apparatus
Audio-visual educational, teaching and training apparatus for use in business consultancy, agile business transformation, agile business coaching and agile business training
Podcasts
Podcasts in the fields of business consultancy, agile business transformation, agile business coaching and agile business training.
The mark was filed in class 35 with following description of goods:
Business consultancy and advisory services
Business consultancy and advisory services in the field of agile transformation
Business efficiency advisory services
Change management consultancy and advisory services
Business consultancy and advisory services in relation to key performance indicators, objectives and key results
Business consultancy and advisory services in the field of Environmental Social and Governance (ESG)
Consultancy in the field of agile business management and administration assistance
Business consultancy and advisory services in the fields of commercial or industrial management, procurement, logistics and outsourcing
Business risk consulting services
Business risk consulting services in the field of agile transformation
Business research and information services
Business research and information services in the field of agile transformation
Advertising and marketing consulting services
Advertising and marketing consulting services in the field of agile transformation
Advertising and marketing consulting services to the public and private sectors.
The mark was filed in class 38 with following description of goods:
Telecommunications services
Telecommunications services for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Telecommunications services provided via internet platforms and portals
Telecommunications services provided via internet platforms and portals for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Digital communications services
Digital communications services for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Online communications services
Online communications services for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training provision of access to online platforms and portals
Provision of access to online platforms and portals for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Provision of access to non-downloadable software
Provision of access to non-downloadable software for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Transmission of podcasts
Transmission of podcasts in the fields of business consultancy, agile business transformation, agile business coaching and agile business training.
The mark was filed in class 41 with following description of goods:
Education and training services
Education and training services in the field of business management
Education and training services in the field of agile transformation
Agile business coaching and agile business training
Coaching and training services for businesses in the public and private sectors
Education, training and coaching services in the field of Environmental Social and Governance (ESG)
Arranging and conducting of in-person and online training courses, workshops and events
Arranging and conducting of in-person and online training courses, workshops and events in the field of agile business transformation
Arranging and conducting of in-person and online training courses and workshops in the field of Environmental Social and Governance (ESG)
Arranging and conducting of in-person and online coaching courses
Provision of non-downloadable electronic publications
Provision of non-downloadable electronic publications for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Provision of non-downloadable video and audio content
Provision of non-downloadable video and audio content for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Organisation of webinars
Organisation of webinars in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Creation of podcasts
Creation of podcasts in the fields of business consultancy, agile business transformation, agile business coaching and agile business training.
The mark was filed in class 42 with following description of goods:
Scientific and technological research and design services
Scientific and technological research and design services in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Industrial analysis and industrial research services in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Design and development of computer hardware and software
Design and development of computer hardware and software for use in the fields of business consultancy, agile business transformation, agile business coaching and agile business training
Design and development of computer hardware and software for training and coaching
Rental and leasing of computer software
Repair and maintenance of computer software
Software as a service [SaaS]
Hosting of websites and web portals
Hosting of digital content on the internet
Hosting of podcasts
Hosting of podcasts in the fields of business consultancy, agile business transformation, agile business coaching and agile business training.