The trademark LIVELY was filed by Zoosk, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on June 1, 2016, and received one opposition filed on September 1, 2016 by Lively, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by POTTER CLARKSON LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 2016
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 23, 2019. Appointment and Replacement of representative of the trademark registration was recorded on January 6, 2021. Change of name and professional address of the trademark registration was recorded on October 13, 2021. Change of name and address of the trademark registration was recorded on April 4, 2024. Change of name and professional address of the trademark registration was recorded on August 6, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer and mobile application software for use in posting, transmitting, retrieving, accessing, receiving, reviewing, organizing, searching and managing text, audio, video, photographs, data, visual and multimedia data, information and content
Downloadable computer and mobile application software for online introduction, matchmaking, dating and social networking services
Software for use in soliciting feedback
Downloadable computer and mobile application software that enables users to send status updates and to share content and electronic files with others
Computer software for calculating, mapping, transmitting and reporting information relating to the location, movement, proximity, departure and arrival of individuals and objects
None of the aforesaid relating to health and medical monitors for the elderly or disabled.
The mark was filed in class 45 with following description of goods:
Dating services
Online social networking services
Dating services provided through social networking
Online social introduction services
Online dating services
Online matchmaking services
Providing online information in the area of dating, personal relationships and social introduction
Online social networking services accessible by means of downloadable mobile applications
Information, advisory and consultancy services relating to all of the aforesaid.