The trademark W was filed by Rosi Development GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 19, 2022, and received one opposition filed on December 11, 2022 by Starwood Hotels & Resorts Worldwide, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003184701 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 36 with following description of goods:
Finance services
Monetary affairs
Insurance underwriting
Financial advice
Purchasing of company and financial investments for others
Arranging of company and financial investments
Real estate affairs
Loan and credit, and lease-finance services
Financial information, data, advice and consultancy services
Financing services
Debt recovery and factoring services
Financial transfers and transactions, and payment services
Finance services
Execution or fulfillment services, in relation to the following fields: debit card payments, Credit card payments
Financial transactions and transfers
Providing payment services, Financial management
Insurance underwriting
Banking
Online bank services
Provident fund services
Issuance of credit cards
Compiling of real estate reports
Administration of financial affairs
Real estate management
Financial and financing services
Financial analysis
Raising of capital
Investing of funds
Financial valuation (insurance, banking, real estate)
Mutual fund investment
Providing payment services
Electronic monetary payment services
Financial management
Account payment services
Electronic money account services
Issuing of payment certificates
Payment transaction card services
Debit card services
Current account facilities
Financial management for businesses, Financial management for associations
Credit services
Financial services relating to business, Financial services for associations
Financial management of foreign business interests, deposit banking, credit consultancy, credit bureaux
Banking, in particular including online banking, telebanking
Real-estate and mortgage negotiation, Brokerage of building society savings agreements
Including all the aforesaid services via the Internet
Providing financial data, Providing of economic data, Via a database
Providing financial information, Via portals.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision of access to content, websites and portals
Providing access to online databases bringing together offers and requests relating to services in the field of information technology applied to finance and banking (FinTech)
On-line services, Specifically Operating chatlines and forums
On-line services, Specifically Providing access to financial portals
Internet-related services, namely providing access to texts, graphics, audio-visual and multimedia information, documents, databases and computer programs
Leasing access time to a computer database
Providing access to databases in computer networks
Providing access to Internet chatrooms
Providing access to search engines for users in the field of information technology applied to finance and banking (FinTech)
Providing virtual event spaces.
The mark was filed in class 41 with following description of goods:
Organization of entertainment events
Entertainment services
Conducting of events
Organization of sports competitions
Arranging of contests
Organising of entertainment competitions
Organising of entertainment competitions
Arranging and conducting of events for cultural, entertainment and sporting purposes
Organisation of shows
Presentation of live performances
Publication of calendars of events
Educational instruction
Training
Sporting activities
Cultural activities
Entertainment information
Organisation of events for cultural, entertainment and sporting purposes.
The mark was filed in class 42 with following description of goods:
Technological services
Computer programming
Providing Internet search engines with specific search options
Providing search engines for obtaining data via communications networks
Design and programming of internet websites
Providing software on demand on the Internet
Consultancy in the field of computers
Design services
Maintenance and updating of computer software
Rental of computer software
Creating home pages for others
Computer programming for others, in particular in connection with stock exchange and financial services
Services in connection with electronic information systems, namely Providing of a platform for electronic commerce and electronic business
Technical appraisals relating to design (engineering)
Scientific research
Technical research
Design of computers for others
Development of computers
Computer software design
Software development
Research and development of new products, for others
Technical project study services
Software development (design)
Software installation services
Software maintenance
Updating of software
Rental of software
Computer programming
Systems analysis (Computer -)
Computer systems design
Counselling, Relating to the following sectors: Computer design services, Development of computers
Digitization of documents
Cloud computing
Consultancy in the field of information technology
Hosting of servers
Electronic data storage
Temporary providing of online applications for the administration of payments
Temporary providing of online applications for the administration of electronic funds
SaaS (software as a service) for payment accounts and cards
Software as a service (SaaS) relating to electronic money transactions
Temporary providing of mobile applications for payment accounts and cards
Temporary providing of mobile applications for the administration of electronic funds
Software-as-a-service services for financial management
Temporary providing of mobile applications for financial management
Temporary providing of mobile applications for financial and accounting management for companies and associations
SaaS (software as a service) for financial and accounting management for companies and associations
IT services
Computer hardware development
Software development, programming and implementation
IT consultancy, advisory and information services
Hosting, software as a service (SaaS)
Rental of software
Platform as a service [PaaS]
Development of software, Relating to the following sectors: Financial portals.