The trademark TAUERN SPA ZELL AM SEE KAPRUN was filed by Tauern SPA World Betriebs- GmbH & Co KG, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 5, 2010, and received one opposition filed on November 7, 2010 by S.A. Spa Monopole, Compagnie fermière de Spa, en abrégé S.A. Spa Monopole N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 7, 2010
The application was filed in German, and German 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 May 21, 2020.
Change of name and address of the trademark registration was recorded on January 2, 2011. Change of name and professional address of the trademark registration was recorded on February 16, 2014. Change of name and professional address of the trademark registration was recorded on July 14, 2014. Change of name and professional address of the trademark registration was recorded on April 14, 2024.
The Opposition with reference B 001751810 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on December 20, 2011 by the EUIPO.
Goods And Services
The mark was filed in class 35 with Economic feasibility studies in connection with the construction and operation of hospitals, medical technology practices, rehabilitation, health and wellness facilities.
The mark was filed in class 41 with following description of goods:
Providing of training
Entertainment
Sporting and cultural activities, in particular in the health, rehabilitation, beauty and wellness sectors
Providing of training for technical, medical and administrative personnel.
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, in particular in the health, rehabilitation, beauty and wellness sectors
Construction and design planning and consultancy
Technical planning in the field of health care
Architectural planning services
Technical planning of the commissioning of healthcare facilities
Services provided by engineers in the field of business organisation, medical technology, household technology, information technology and communications technology
Technical consultancy.
The mark was filed in class 43 with following description of goods:
Temporary accommodation
Operating hotels
Boarding houses
Retirement homes.
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Hygienic and beauty care for human beings or animals
Agriculture, horticulture or forestry services
Hospitals and rehabilitation centres, care homes and convalescent homes.