The trademark FM Performer was filed by ABB Gebäudetechnik AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 14, 2002, and received one opposition filed on July 14, 2002 by null on Likelihood of confusion. the opponent was represented by INLEX IP EXPERTISE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2002
The application was filed in German, and German 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 April 18, 2001. Change of name and professional address of the trademark registration was recorded on July 9, 2001.
Goods And Services
The mark was filed in class 9 with following description of goods:
Facilities (as far as contained in class 09) for the electronic offering as well as for the selection and ordering of goods and services in the building management via internal and/or external networks as well as via Internet
For the electronic processing of sales activities via internal and for external networks as well as via Internet
For the building utility automation and for the reproduction of the current status quo
Data processing programmes for the electronic offering as well as for the selection and ordering of goods and services in the building management via internal and/or external networks as well as via Internet
For the presentation of Webpages in internal and/or external networks as well as in the Internet for the electronic offering and for the selection and ordering of goods and services in the building management
For the electronic processing of sales activities via internal and/or external networks and via Internet
For the building utility automation and the reproduction of the current status quo
For the administration and usage of customer data
For the filtering, editing and categorisation of data and/or information about the building management and the building utility automation
For electronic shopping boxes
For Internet platforms and for the presentation of Webpages in the Internet
For the proceedings support by access to knowledge-based systems and multi-media communication tools
For the generation of benchmarks of the existing data streams
For e-consulting, meaning electronic consulting on call
For the presentation of Webpages in internal and/or external networks and the Internet for the electronic offering
For the selection and ordering of goods and services in the building management
Platforms for the Internet for the electronic offering and the selection and the instructions of services in the building management
Facilities and programmes for the administration and usage of customer data (all goods as far as contained in class 09).
The mark was filed in class 36 with Commercial, financial consulting for the design and establishment of facilities and platforms for the electronic offering as well as for the selection and the instructions of facilities, instruments and services for the building management.
The mark was filed in class 38 with following description of goods:
Telecommunication, meaning providing services for the transmission of information via the electronic way
Services of an online and account provider, meaning collecting, providing, supplying, transmitting of text, tone and picture information of all kinds as well as electronic news transmission
Preparation of Webpages in the Internet or other online media.