The trademark SUPERVOLT was filed by Jana Günther, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 17, 2024, and received one opposition filed on July 17, 2024 by VOLT TECHNOLOGIES HOLDINGS LIMITED on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 17, 2024
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:
Apparatus for broadcasting sound, data or images
Downloadable media
Machine readable media
Media content
Holograms
Electronic media, namely Real film goods (films based on real film recordings with the participation of real actors)
Films, exposed
Cinematographic film, exposed
Animated cartoons
3D holograms
3D spectacles
Electronic media in the following fields: Augmented reality (AR), virtual reality (VR), MR (Mixed Reality), Visual effects (VFX), cinematic virtual reality (Cine VR)
Virtual Reality [VR] motion simulators
Head-mounted displays
Computer screens
Sunglasses.
The mark was filed in class 35 with following description of goods:
Business administration and management
Business management of performing artists
Business management for freelance service providers
Business management for film and media companies
Business management consultancy
Personnel management consultancy
Business management and organization consultancy
Provision of commercial and business contact information
Business information
Business organization consultancy
Assistance in management of business activities
Business intermediary services relating to the matching of various professionals with clients
Commercial intermediation services
Performing artist services
Orchestra services
Business consultancy services for digital transformation
Corporate communications services
Procurement services for others [purchasing goods and services for other businesses]
Professional business consultancy
Business research
Professional business project management, in relation to the following fields: Film and media projects
Office functions
Word processing
Consultancy regarding public relations communication strategies
Consultancy regarding advertising communication strategies
News clipping services
Media relations services
Commercial lobbying services
Advertising
Development of marketing concepts
Development of advertising concepts
Television advertising
Publication of publicity texts
Layout services for advertising purposes
Production of advertising films
Directing services, in relation to the following fields: Production of promotional films
Scriptwriting for advertising purposes
Writing of publicity texts
Marketing consultancy for cultural institutions
Public relations for cultural institutions
Influencer marketing
Promotion of goods and services through influencers
Promotion of goods and services through sponsorship of sports events
Promotion of goods and services through sponsorship
Promotion of goods and services by sponsoring events and Through the sponsorship of festivals in the following fields: Films (films), Media and culture
Arranging and conducting of commercial events
Organization of trade fairs
Organization of exhibitions for commercial or advertising purposes
Organization of fashion shows for promotional purposes
Planning and design of presentations, Arranging of presentations For commercial or advertising purposes
Scenography services (staging in rooms) for auditive and visual goods presentations for companies (marketing)
Arranging of service providers, in the following fields: Films (films) and Media
Arranging of services and contracts for the providing of services in the following fields: 3D visualisation, 2D visualisation, animation, Motion design, projection mapping, Holographs, music and Sound design, Architecture, Immersive media, VFX media (visual effects), XR media (next reality), AR media (augmented reality), VR media(virtual reality), MR media (mixed reality), CR media (cinematic reality), Appearance, programing, Creative direction, Directing, Cameras
Arranging of contract partners rendering services in the following fields: animation, 3D visualisation, 2D visualisation, motion design, projection mapping, Holographs, music and Sound design, Architecture, Immersive media, VFX media (visual effects), XR media (next reality), AR media (augmented reality), VR media(virtual reality), MR media (mixed reality), CR media (cinematic reality), Appearance, programing, Creative direction, Directing, Cameras
Marketing
Management of artists
Artist management
Prototyping of business models in the following fields: Films (films), Media and culture
Consultancy services for businesses and cultural institutions in the field of digital transformation
Digital concept studio/design concept designer services, namely the preparation of holistic designs for brand and goods presentations, connecting individual digital and analogue elements (in particular XR concepts, stage direction, music, 360 degree sound, robotics and animation) with staging (advertising)
Designing, Consultancy services and endorsement for the benefit of others, in relation to the following fields: Application for financial sponsorship
Support services for the benefit of others, in the following fields: Application for sponsorship and funding
Arranging of musical education
Creation and editing of written texts and written works, For commercial or advertising purposes
Writing of publicity texts
Design of digital strategies for cultural businesses
Digital concept studio/design concept designer services, namely the preparation of holistic designs for digital projects for cultural businesses, connecting individual digital and analogue elements (in particular XR concepts, stage direction, music, 360 degree sound, robotics and animation) with staging (advertising)
Business project management, in the following fields: Film and Media production, Events, Performances, Organisation of trade fairs In the cultural field (museums, operas, ballet, theatre).
The mark was filed in class 36 with following description of goods:
Financial sponsorship
Fundraising and financial sponsorship
Charitable fund raising
Design, Advisory and consultancy services and assistance for others, in relation to the following fields: Fundraising of financial sponsorship
Fundraising of grant funds, for others
Financial sponsorship of cultural events
Financial sponsorship of entertainment activities
Financial sponsorship of film festivals and Financial sponsorship of media festivals
Fundraising of grant funds for events and festivals In the the following fields: Movies, media and culture
Design, Advisory and consultancy services and assistance for others, in relation to the following fields: Fundraising of grant funds for events and festivals in the film, media and cultural field
Design, Advisory and consultancy services and assistance for others, in relation to the following fields: Refinancing of projects in the film, media or cultural field.
The mark was filed in class 41 with following description of goods:
Film production services
Movie studio services
Film production, other than advertising films
Animation film production, Production of cinematographic films, Production of documentaries
Production of XR media by means of immersive technologies
Production of immersive media, namely Production of VFX media (visual effects), XR media (next reality), AR media (augmented reality), VR media (virtual reality), MR media (mixed reality), CR media (cinematic reality), immersive media, motion design
Projection mapping, namely, A 3D scan of the spatial environment to be illuminated with any structured surface is used to adapt visual animations to the 3D structure of the spatial environment to be illuminated [conducting of visual presentations]
Creation of holograms [3D presentations]
Camerawoman services
Production of television features
Video imaging services by drone
Videotaping
Production of radio and television programmes
Production of shows
Photographic reporting
Production of podcasts
Film directing, other than advertising films
Film editing
Dubbing
Dubbing for movies
Scriptwriting, other than for advertising purposes
Screenplay writing
Video editing services for events
Cinema presentations
Entertainment by film
Film distribution
Rental of motion pictures
Rental of sound recordings
Rental of videotapes
Production of stage shows
Production of plays
Directing of musical shows
Directing of theatrical shows, Direction of plays
Directing of shows
Directing of science fiction films
Direction services in the following fields: Motion design, Projection mapping, holographs, Music and Sound design, Architecture, Immersive media, VFX media (visual effects), XR media (next reality), AR media (augmented reality), VR media(virtual reality), MR media (mixed reality), CR media (cinematic reality)
Direction for motion pictures
Stage direction
Photography
Photographic imaging services by drone
Music composition services
Production of music
Songwriting
Writing of texts, other than publicity texts
Layout services, other than for advertising purposes
Entertainer services
Providing television programmes, not downloadable, via video-on-demand services
Providing films, not downloadable, via video-on-demand services
Providing online videos, not downloadable
Providing online images, not downloadable
Providing online music, not downloadable
Providing online virtual guided tours
Providing of audio and visual media via communications networks [not downloadable]
Provision of online information relating to audio and visual media
Publication of texts, other than publicity texts
Arranging and conducting of sports events
Arranging and conducting of entertainment events
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging and conducting of concerts
Arranging and conducting of symposiums
Organization of fashion shows for entertainment purposes
Arranging and conducting of seminars
Arranging and conducting of workshops [training]
Arranging and conducting of colloquiums
Organization of exhibitions for cultural or educational purposes
Organization of balls
Escape room [entertainment]
Conducting guided tours
Organization of shows [impresario services]
Planning, arranging and conducting educational events, planning of cultural events, Organisation and conducting of cultural events, organizing, arranging and conducting sporting events and Planning, organization and implementation of entertainment events for charitable purposes
Production of stage shows
Presentation of variety shows
Presentation of circus performances
Presentation of live performances
Lighting technician services for events
Entertainment services
Providing recreation facilities
Entertainment information
Consultancy services in the field of entertainment
Television entertainment
Party planning [entertainment]
Radio entertainment
Providing museum facilities [presentation, exhibitions]
Providing museum facilities
Presenting museum exhibitions
Guidance, in relation to the followings fields: Exhibition concepts in cultural institutions and their implementation
Cultural, educational or entertainment services provided by art galleries
Curating of exhibitions and events
Planning of exhibitions, Arranging and conducting of exhibitions
Guidance and Design services in relation to the following services: Education and entertainment services of amusement parks and theme parks
Training in the following fields: Motion pictures, Media and culture and Marketing
Practical training [demonstration]
Teaching
Tutoring
Music education
Services, in the following fields: Musical education and training, including consultancy relating to the design thereof
Guidance in the following fields: Music education and Early musical education
Orchestra services
Subtitling
Design of film productions and Design of media production
Creation of written texts and written works, Editing of written texts, Editing of written works, Not for advertising purposes
Creation of written texts and written works, Editing of written texts, Editing of written works in the following fields: culture, literature, Media and movie
Creation and editing of screenplays, exposes and treatments
Design services, in the following fields: Motion pictures and New media (XR, AR, VR, MR), specifically Creation of exposes, treatments, screenplays, development of dramaturgy and narrative structure
Conducting of shows, namely Video mapping (projection mapping)
Digital management services for cultural businesses, namely Design, planning and conducting of digital projects (visual entertainment) for cultural businesses
Design and creative production services for cultural businesses with a focus on digital projects
3D presentation of holograms
Projection of holograms.
The mark was filed in class 42 with following description of goods:
Animation and special-effects design for others
Design services
Visual design
Illustration services (design)
Design of computer-simulated models
Logo design services
Design of prototypes in the following fields: 3D visualisation, 2D visualisation, Services of animation, motion design, Projection mapping, Holography, music and Sound design, Architecture, Immersive media, VFX media (visual effects), XR media (next reality), AR media (augmented reality), VR media(virtual reality), MR media (mixed reality), CR media (cinematic reality)
Design of show scenery
Design of trade fair stands
Design of scenery
Graphic design of promotional materials
Graphic arts design
Industrial design
Interior design
Design of costumes
Dress designing
Costume design services
Stage design services
Architectural consultancy
Architectural services
Architectural services in the following fields: Setting up exhibitions, Interior architecture, Stage construction, interior design
Architectural project management
Engineering project management services in the following fields: Movie production services and Media production, Events, Performances, Trade fairs, In the cultural field (museums, operas, ballet, theatre)
IT project management in the following fields: Movie production services and Media production, Events, Performances, Trade fairs In the cultural field (museums, operas, ballet, theatre)
Creating and maintaining web sites for others
Web site design consultancy
Creation of holograms [design]
Design and creation of holograms [design] that interact and connect interactively with real performers and objects
Development of video and computer games
Writing of computer code
Design of the following goods: virtual world software
Design of software for processing, dissemination and public reproduction of multimedia content
Conducting technical project studies in the following fields: Movie production services and Media production, Events, Trade fairs, Performances and Services for shows In the cultural field
3D artist services, namely, 3D image design and programming services
2D artist services, namely, 2D image design and programming services
Styling
Styling, in the following fields: motion design
Hologram design [3D]
Architectural services
Media design in the field of immersive media
VFX media artist services, namely Creation of photorealistic and non-photorealistic, digitally produced images and moving images in 2D or 3D, based on real filmed and animated scenes
XR design services (extended reality design)
AR design services, namely Design, development and programming of augmented reality (AR) experiences
VR design services, namely Design, development and programming of virtual reality (VR) experiences
Services in relation to, in the following fields: motion design
Design of digital goods, namely, Information architect or user experience design services (UX design)
Immersive media design, namely, Creation of 2D and 3D animations for the purpose of implementation in an augmented reality environment or a virtual reality environment
MR media artist services (mixed reality), namely, Connection of digital images and/or image levels with the real environment (image synthesis services for digital and hardware interfaces).