The trademark C-Novation was filed by Patrick Flender, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 2, 2020, and received one opposition filed on October 4, 2020 by Focusrite Audio Engineering Limited on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003132069 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 14 with following description of goods:
Coins, precious metals and their alloys, including ruthenium, jewellery, precious stones, horological and chronometric instruments
Jewels, Jewels, Precious and semi-precious gems
Horological and chronometric instruments.
The mark was filed in class 16 with following description of goods:
Paper cardboard
Printed matter, including newsletters, books, newspapers, magazines, brochures, leaflets, printed matter and other texts and publications
Manuals [handbooks]
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Printers' type
Printing blocks
Cards
Bookmarkers
Framed posters
Agendas
Calendars.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Belts [clothing]
Gloves [clothing]
Shawls
Underwear
Lingerie.
The mark was filed in class 35 with following description of goods:
Advertising
Market research
Providing of information relating to commercial sale, including information provided via the internet
Business management and business administration
Developing, devising and implementing marketing strategies and business communication strategies
Consultancy regarding internal and external business communication
Business mediation in commercial transactions
Providing of commercial information using databases
Developing business strategies and concepts for marketing, branding, corporate communications and advertising
Business organisation analysis and consultancy in relation to business organisation and management
Accounting
Business project management
Commercial management and marketing
Import and export, and retailing and wholesaling of coins and notes, not in circulation, clothing, footwear, bags, perfumery, spectacles and sunglasses, bedding, jewellery, precious stones, horological and chronometric instruments, animal skins and hides, travelling trunks and suitcases, umbrellas, parasols, pocket wallets and purses of leather and imitations of leather, bags of textile, cosmetics and toiletry preparations, foodstuffs and beverages, vehicles, furniture, tools, mats and matting, clothing, kitchen equipment, cleaning preparations, pharmaceutical, medical and veterinary preparations, machine tools, tools, natural plants, flowers, trees, fuel, printed matter, sporting articles, toys, games machines, cameras (photography), tobacco and smokers' articles, building materials and animals
Import and export of musical instruments
Advertising agency services, namely designing, styling and restyling of names, logos and house styles for advertising purposes
Layout of texts for advertising purposes
Producing audiovisual advertising recordings
Professional business consultancy and consultancy on e-commerce
Professional consultancy in the field of social media for commercial purposes
Business assistance to companies working in the field of digital media
Devising, designing, creating, developing, guiding and implementing publicity concepts, campaigns and other promotional activities and projects, including in relation to websites for social media environments
Marketing research, market studies and market analysis
Systemization of information into computer databases
Compilation of statistics
Opinion poll services
Arranging of trade fairs and exhibitions for advertising purposes
Information and consultancy relating to the aforesaid.
The mark was filed in class 36 with following description of goods:
Appraisal of precious metals and their alloys and goods made therefrom or coated therewith
Asset management
Real estate affairs
Financial analysis
Financial information
Financial consultancy
Financial estimates or budgets
Banking
Financial sponsorship
Financing services
Pension advice
Tax valuations
Fiscal valuations
Credit agencies
Tax specialists' services
Management of property
Mediation and surveys concerning real estate and mortgages
Consultancy and mediation regarding the provision of credit
Raising of funds, subsidies and sponsorship contributions
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 38 with following description of goods:
Telecommunications
Transmission, distribution, sending and receiving of commercial transactions, data, messages, sounds, images and documents
Electronic transmission of digital files and other data
Electronic bulletin board services
Providing of online forums, chat rooms, journals and blogs for the transmission of messages, comments, information and multimedia content
Broadcasting via a global computer network and other computer and communication networks, namely uploading, downloading, posting, displaying, reproducing, sharing and electronically transmitting messages, comments, multimedia material, text, information
Data communication by means of radio, telecommunication and satellite
Telephone services
Digital transmission of sound and images (broadcasting), including via radio, television, satellite, cable, free-to-air and by electronic means
News agencies
Message sending
Transmission of electronic mail
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Arranging and conducting of symposiums, workshops, courses, training courses, lectures and seminars
Publication, issuing, lending and dissemination of books, newspapers, magazines, newsletters, periodicals and other documents and publications
Compilation, production, directing and performance of audiovisual programmes
Making photographic, film and video reports
Arranging of exhibitions and other events for educational purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design services relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Development, design, programming and maintenance of computer programs for use in electronic commercial transactions
Design, Programming services
Development, design, programming and maintenance of search engines for electronic commercial transactions
Designing, programming, or maintenance of computer software
Development, design, programming and maintenance of internet websites for commercial transactions
Information and consultancy relating to the aforesaid services
Design agency services, namely designing, styling and restyling of products and packaging
The aforesaid services also via electronic channels, including the Internet.