The trademark VIVA was filed by Grupo Iusacell Celular, S.A. de C.V., a corporation established under the laws of the United Mexican States (the "Applicant"). The application was published for oppositions on August 18, 2013, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on November 18, 2013 by Qualcomm Labs, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and its proceedings were handled in English
The second opposition filed on November 18, 2013 by OMV Downstream GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law, (d) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by SCHÖNHERR RECHTSANWÄLTE GMBH and its proceedings were handled in English
The third opposition filed on November 18, 2013 by Telefónica Brasil S.A. on Likelihood of confusion. the opponent was represented by SIMÕES, GARCIA, CORTE-REAL & ASSOCIADOS - CONSULTORES, LDA. and its proceedings were handled in English
The fourth opposition filed on November 17, 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 November 5, 2013 by Gruner + Jahr GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in English
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 5, 2013. Change of name and professional address of the trademark registration was recorded on November 14, 2013. Change of name and professional address of the trademark registration was recorded on November 27, 2013. Change of name and professional address of the trademark registration was recorded on December 16, 2013.
The Opposition with reference B 002277047 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 30, 2014 by the EUIPO. The Opposition with reference B 002277062 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on June 25, 2014 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods: