The trademark VIVIBOOM was filed by Vivita International OÜ, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on February 7, 2022, and received one opposition filed on May 3, 2022 by Koninklijke Boom Uitgevers B.V. on Likelihood of confusion. the opponent was represented by CHIEVER BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2022
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 003170361 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 12, 2023 by the EUIPO. The Opposition with reference B 003170361 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 20, 2025 by the EUIPO. The Appeal with reference B R2446/2023-4 was Other according to Article 8(1)(b) EUTMR with decision issued on September 2, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Data storage devices
Electronic digitisers
Electronic notebooks
Information technology and audiovisual equipment
Keyboards
Multimedia apparatus and instruments
Recording apparatus
Photographic equipment
Computer hardware
Digital tablets
Wearable computers
Data storage devices and media
Audio/visual and photographic devices
Portable media players
Recording devices for sound and image carriers
Remote controls for televisions
Remote controls for stereos
Remote controls for radios
Sound and picture recording apparatus
Smart speakers
Tablet monitors
Video imaging systems
Virtual Reality [VR] cinemas
Wearable audio equipment
Wearable portable media players
Wireless audio and video receivers
Data processing equipment and accessories (electrical and mechanical)
Apparatus for the transmission of images
Apparatus for transmission of communication
Communications apparatus
Communications controllers
Communications head sets
Devices for wireless radio transmission
Digital media streaming devices
Digital optical transmission apparatus
Digital telecommunications apparatus
Electric apparatus for commutation
Microphones for communication devices
Portable transmitters
Portable telecommunications apparatus
Telecommunication apparatus
Telecommunications apparatus and instruments
Telecommunications apparatus for use with mobile networks
Transmitters
Video transmitters
Wearable telecommunication apparatus
Wireless communication devices for the transmission of multimedia content
Wireless communication devices for voice, data, or image transmission
Wireless communication apparatus
Wireless transmitters
Wireless transmitters and receivers
Wireless transmitting and receiving equipment
Apparatus and instruments for reproducing of data
Audio processing apparatus
Computerised personal organisers
Data processing apparatus
Data processors
Electronic control systems
Electronic control systems for machines
Electronic data processing equipment
Personal digital assistants [PDAs]
Readers [data processing equipment]
Virtual reality glasses
Virtual reality headsets
Computer memory devices
Computer memory hardware
Disk drives for computers
Information carriers [electric or electronic]
Information storage apparatus [electric or electronic]
Memory apparatus
Memory devices
Data collection apparatus
Digital organizers
Electronic agendas
Electronic diaries
Electronic interactive whiteboards
Keypads for routing audio, video, and digital signals
Multifunction keyboards
Radio apparatus and instruments
Wireless keyboards
Wearable monitors
All of the aforesaid relating to creative learning environments and non being for or relating to vehicles
Educational software
Educational computer software
Children's educational software
Educational mobile applications
Educational computer applications.
The mark was filed in class 35 with following description of goods:
Online data processing services
Automated data processing
Collating of data in computer databases
Collection of data
Compilation and systemization of information into computer databases
Compilation and systemization of written communications and data
Data processing, systematisation and management
Computerised data processing
Computerized file management
Data entry and data processing
Data management services
Data processing
Electronic data processing
Information services relating to data processing
Maintaining a registry of information
Management and compilation of computerised databases
Updating and maintenance of information in registries
Systemization of information into computer databases
Updating and maintenance of data in computer databases
On-line data processing services.
The mark was filed in class 41 with following description of goods:
Educational information
Educational services
Educational information services
Educational advisory services
Educational consultancy services
Provision of educational information
Educational services provided for children
Education
Education services
Education information
Educational testing
Education and training
Education and instruction
Information about education
Online education services.
The mark was filed in class 42 with following description of goods:
Platform as a Service [PaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Computer programming
Creating, maintaining and hosting the websites of others
Creating and designing website-based indexes of information for others [information technology services]
Design and development of data processing programs
Design, maintenance and up-dating of computer software
Design, development and programming of computer software
Image processing software development
Development of software for processing and distribution of multimedia contents