The trademark SKYMAIL was filed by SKYMAIL, société à responsabilité limitée, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on January 16, 2000, and received one opposition filed on April 16, 2000 by Sky UK Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 16, 2000
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Direct mail advertising (tracts, brochures, printed matter, samples)
Rental of publicity material
Business management assistance, business management and organisation consultancy, business management consultancy, personnel management consultancy, professional business consultancy
Commercial business estimates
Accounting
Document reproduction
Secretarial services
Statistical information
Shorthand
Television advertising
Radio advertising
Auditing
Public relations
Subscription to all news, written, audio and/or visual media, including subscriptions to newspapers and magazines
Data entry and data processing
Opinion polling.
The mark was filed in class 38 with following description of goods:
Telecommunications
News agencies, press agencies, radio broadcasting, communications by telegrams, telephone or data transmission
Radio and television broadcasting
Cable television broadcasting
Transmission and broadcasting of images, messages and information by computer terminals, cable, data transmission media and by any other telecommunication media
Teleprinting and telex services
Electronic mail.
The mark was filed in class 41 with following description of goods:
Educational, training and entertainment services in general
Correspondence courses
Book lending
Publication of texts, other than publicity texts, illustrations, books, magazines, newspapers and periodicals
Teaching and education at beginner or advanced level in any discipline of general interest
Arranging and conducting of seminars, training courses, conferences, forums, colloquiums and courses
Production of radio and/or television programmes
Arranging of competitions and games of all kinds, broadcast by radio and television
Lotteries
Arranging of shows
Production and rental of films, cassettes, including video cassettes, discs and compilations of discs
Services relating to recording or reproduction of sound and images
Sporting and cultural activities
Booking of seats for shows.
The mark was filed in class 42 with following description of goods:
Providing of food and drink
Hotel and restaurant reservations
Temporary accommodation
Medical, hygienic and beauty care
Veterinary and agricultural services
Legal services
Scientific and industrial research
Programming, rental of computer software
Leasing of access time to a computer data base server centre
Rest homes and convalescent homes
Day nurseries
Marriage bureaux
Undertaking
Engineering, professional consultancy and construction drafting, non-business
Engineering work (not for construction)
Prospecting
Material testing
Laboratories
Rental of farming equipment, clothing, bed linen, vending machines