The trademark ROI-DELIVER ROI Management Kernel was filed by Fujitsu Technology Solutions Intellectual Property GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 21, 2005, and received one opposition filed on November 21, 2005 by Blum, Wolfram on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Díaz de Bustamante y Terminel, Isidro and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 21, 2005
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 December 25, 2014.
Change of name and address of the trademark registration was recorded on October 21, 2007. A transfer of the trademark registration was recorded on September 30, 2010. Change of name and professional address of the trademark registration was recorded on December 8, 2013. Change of name and address of the trademark registration was recorded on November 2, 2014.
The Opposition with reference B 000935355 was rejected according to Article 8(1)(a) CTMR with decision issued on February 28, 2008 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conduction, distribution, conversion, storage, regulation or control of electric current
Apparatus for recording, transmission or reproduction of sound or images
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers.
The mark was filed in class 38 with following description of goods:
Telecommunications
Transmission of messages and images in connection with narrowband (in particular PCs with modems) and broadband (in particular TV connections) online media
Telephone services, teletex services, communications by computer terminals, transmission of data, text, sound and images
Computer-aided transmission of messages and images
Leasing of access time to computer networks.
The mark was filed in class 42 with following description of goods:
Construction of electronic networks in connection with narrowband (in particular PCs with modems) and broadband (in particular TV connections) online media
Development, construction and operating of computer networks
Leasing of data-processing installations
Rental of capacity on computer networks
Development, construction, operating and maintenance of speech and data networks for businesses (corporate networks), and for consumers
Providing of data processing programs by means of narrowband (in particular PCs with modems) and broadband (in particular TV connections) online services
Evaluation of infrastructure projects in the IT sector
Implementation of infrastructure projects in the IT sector.