The trademark skyBI was filed by TELES AG Informationstechnologien, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 26, 2006, and received one opposition filed on June 26, 2006 by Sky limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier sign & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 26, 2006
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs recorded on data carriers and data files
Computer software, included in class 9, in particular for telecommunications, digital data transmission and e-commerce applications
Multimedia equipment and components therefor (included in class 9)
Equipment and software for video-on-demand (included in class 9)
Routers
Telecommunications equipment
Gateways
Exchanges for public and proprietary digital and analog networks
Switches for public and proprietary digital and analog networks
Digital networks, network management systems, consisting of data processing equipment and software relating thereto
Telecommunications apparatus
PC cards
PCMCIA cards
Apparatus for recording, transmission, processing or reproduction of sound and/or images and/or data
Apparatus and equipment for telecommunications technology
Image and/or sound recording carriers and/or data carriers, unrecorded or containing programs and/or data files and/or other content, included in class 9
Data processing equipment and computers, including microcomputers, and peripheral equipment therefor, including visual display units, modems, printers, external memories
Microprocessors and other electronic component parts for computers.
The mark was filed in class 38 with following description of goods:
Telecommunications
Services in connection with computer networks, namely operating electronic computer centres, electronic mailbox systems and computer centres for providing electronic data transfer, providing directories, telecommunications services, protocol conversion on the Internet and providing access to the Internet or other computer networks, in particular providing broadband Internet access via satellite, DVB-T and/or wireless LAN
Providing a telecommunications network, in particular a mobile radiotelephone network or a satellite or cable telecommunications network
Online services, namely the transmission and sending of information and messages of all kinds
Call centre services via the providing or rental of telecommunications equipment for receiving and processing customer requests by telephone (telecommunications)
Mail centre services, namely receiving and processing of customer requests by electronic mail (telecommunications)
Providing telecommunications channels for teleshopping services
Database services, namely leasing access time to a computer database and news agencies
Providing and maintenance of data on an Internet homepage in the field of telecommunications
Database services, namely providing databases with data and information in the field of telecommunications.
The mark was filed in class 42 with following description of goods:
Creation of data-processing programs
Conducting tests on goods in connection with electronic data processing systems, electronic data processing apparatus and electronic data processing programs
Development and testing of electronic communications, word processing and information processing systems
Creation, development, improvement and adjustment of data processing programs and/or data files (including multimedia and home pages) for others
Issuing of licences for data processing programs, including computer games and video games and data files
Webhosting
Issuing and registration of domain names and email addresses, and creation, providing, maintenance and updating of e-commerce platforms, for others
Issuing and providing of licences for film, video, audio, radio and/or television programmes, including digital online programmes
Call centre services, namely receiving and processing of customer requests in the form of technical inquiries in the computer sector by telephone