005532924

MEDIACOM

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December 7, 2006

Trademark Summary

The trademark MEDIACOM was filed by MediaCom IT-Distribution GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 1, 2008, and received one opposition filed on October 27, 2008 by EL CORTE INGLES, S.A. on Likelihood of confusion. the opponent was represented by J.M. TORO, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2008

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2009.The first Cancellation was filed by DATAMATIC S.P.A. (represented by ???) on December 18, 2015 and Final decision on costs – Request withdrawn.

The renewal of the trademark was recorded by the office on November 3, 2016.

Change of name and professional address of the trademark registration was recorded on September 19, 2011. Change of name and address of the trademark registration was recorded on May 21, 2014. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on August 28, 2014. Appointment and Replacement of representative of the trademark registration was recorded on November 5, 2014. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on December 23, 2015. Change of name and professional address of the trademark registration was recorded on February 8, 2016.

The Appeal with reference B R1716/2007-4 was Application allowed according to Article 7(1)(b) CTMR with decision issued on March 13, 2008 by the EUIPO. The Refusal with reference B 005532924 was partially rejected according to Article 7(1)(b) CTMR with decision issued on September 5, 2007 by the EUIPO.

The application claimed as seniority of the Federal Republic of Germany trademark 30143771.8/09 registered on November 12, 2001 and filed on July 14, 2001 which was accepted by the office.

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
  2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
  3. Apparatus for recording, transmission or reproduction of sound, images and/or information
  4. Magnetic data carriers, optical and electronic data carriers, namely diskettes, CDs and DVDs, and electronic storage cards
  5. Audio, video, multimedia and information carriers, phonograph records and recorded magnetic recording media, optical recording media, CDs and DVDs
  6. Calculating machines, data processing equipment and computers, programs for data processing equipment and computers
  7. Parts and fittings included in class 9 for all the aforesaid goods.
• The mark was filed in class 38 with Telecommunications.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific and technological services and research and design relating thereto
  2. Industrial analysis and research services
  3. Design and development of computer hardware and software
  4. Legal services.