The trademark nextcomp was filed by Tradenext International GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 17, 2009, and received one opposition filed on August 17, 2009 by Next Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law, (d) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by MARKS & CLERK LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 17, 2009
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 001545188 was refused according to Article 8(1)(b) CTMR with decision issued on September 22, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs, recorded
Wrist rests for use with computers
Computer peripheral devices
Computer keyboards
Notebooks (computers)
Floppy disc drives (for computers)
Games programs for computers
Computer programs (downloadable)
Laptops (computers)
Monitors [computer hardware]
Computer operating programs recorded
Computer software (recorded)
Laptops (computers)
Interfaces (for computers)
Computer operating programs, recorded
Computer software (recorded)
Computers
Printers for use with computers
Computer programs
Floppy disc drives (for computers)
Keyboards for computers
Computer games (Programs for -)
Monitors [computer programs]
Computer peripheral devices
Computer operating programs recorded
Computer software (recorded)
Computer software (recorded).
The mark was filed in class 37 with Installation, maintenance and repair of computer hardware and electric appliance installation and repair..
The mark was filed in class 42 with following description of goods:
Installation of computer programs
Computer programming
Copying of computer programs
Duplication of computer programs
Computer programming
Computer programming
Installation of computer programs
Conversion of computer programs and data (other than physical alteration)