The trademark VIVA was filed by SIMONA BERGER, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on January 3, 2013, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on April 3, 2013 by OMV Downstream GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SCHÖNHERR RECHTSANWÄLTE GMBH and its proceedings were handled in English
The second opposition filed on April 3, 2013 by Gruner + Jahr GmbH on Likelihood of confusion. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in English
The third opposition filed on April 3, 2013 by VIVIL A. Müller GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and its proceedings were handled in English
The fourth opposition filed on April 3, 2013 by VIVA Media GmbH on Likelihood of confusion. the opponent was represented by JONAS RECHTSANWALTSGESELLSCHAFT MBH and its proceedings were handled in English
The fifth opposition filed on April 2, 2013 by ESPRIT BIO on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and its proceedings were handled in English
The sixth opposition filed on March 27, 2013 by Vita Zahnfabrik H. Rauter GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and its proceedings were handled in English
The seventh opposition filed on March 25, 2013 by EUROMADI IBERICA, S.A. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and its proceedings were handled in English
The eighth opposition filed on February 24, 2013 by VIVA Das Zentrum für moderne Mayr-Medizin BetriebsGmbH on Likelihood of confusion. the opponent was represented by BEER & PARTNER PATENTANWÄLTE KG and its proceedings were handled in English
The ninth opposition filed on February 6, 2013 by AGUAS DANONE, S.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS, S.L.U. and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on October 25, 2022.
Claims of seniority of the trademark registration was recorded on June 12, 2022.
The Appeal with reference B R1029/2014-2 was Proceedings terminated according to Article 85 CTMR with decision issued on March 2, 2015 by the EUIPO. The Appeal with reference B R2029/2015-1 was Proceedings terminated according to null with decision issued on September 12, 2017 by the EUIPO. The Opposition with reference B 002159781 was refused according to Article 8(1)(b) CTMR with decision issued on February 13, 2014 by the EUIPO. The Opposition with reference B 002163486 was refused according to null with decision issued on January 29, 2018 by the EUIPO. The Opposition with reference B 002163684 was refused according to Article 8(1)(b) CTMR with decision issued on August 12, 2015 by the EUIPO.
The application claimed as seniority of the Italian Republic trademark null and filed on June 4, 2012 which was accepted by the office.
Goods And Services
The mark was filed in class 32 with Concentrated liquid preparations for beverages contained and sold exclusively in capsules and/or bag-in-box which can be used only in beverages dispensers.