The trademark vivo was filed by VIVO MOBILE COMMUNICATION CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on July 19, 2018, and received one opposition filed on September 24, 2018 by VIVO MOBILE COMMUNICATION CO., LTD. on Likelihood of confusion. the opponent was represented by BALLESTER IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 24, 2018
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2019.The first Cancellation was filed by TECNOJEST S.R.L. (represented by METROCONSULT S.R.L.) on January 25, 2024 and Adversarial proceedings are ongoing.
A transfer of the trademark registration was recorded on January 22, 2020. Appointment and Replacement of representative of the trademark registration was recorded on November 30, 2020. Change of name and address of the trademark registration was recorded on December 1, 2020. Appointment and Replacement of representative of the trademark registration was recorded on December 3, 2020. Change of name and professional address of the trademark registration was recorded on January 20, 2021. Change of name and professional address of the trademark registration was recorded on February 10, 2021. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 29, 2024. Appointment and Replacement of representative of the trademark registration was recorded on March 14, 2024. Appointment and Replacement of representative of the trademark registration was recorded on May 27, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Communication, telecommunications and telephony electrical apparatus and instruments
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Software for computer
Fire-extinguishing apparatus.
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Gymnastic and sporting articles
Decorations for Christmas trees.
The mark was filed in class 35 with following description of goods:
Advertising
Commercial business management in the field of telecommunications
Commercial administration in the field of telecommunications
Office functions.
The mark was filed in class 36 with following description of goods:
Financial affairs
Monetary affairs
Real estate affairs.
The mark was filed in class 38 with following description of goods:
Communications and telecommunications, telecommunications by fixed and mobile telephones, telecommunications by satellite, providing telecommunication connections to the Internet or databases
Computer aided transmission of data, messages and images
Transmission of news and current affairs information
Providing chat-line services
Providing on-line access to exhibitions
Provision and operation of electronic conferencing, discussion groups and chat rooms
Transmission and reception of voice communication services
Telecommunications consultancy
Rental of telecommunication equipment
Broadcasting of television program
Television broadcasting
Cable and satellite television broadcasting
Providing user access to search engines
Telecommunication database services, namely enabling the consumer to download digital content from a network and server to his individual database.
The mark was filed in class 41 with Education and instruction and Games services provided on-line from a computer network..
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software.