The trademark tb-co was filed by Nextevolution AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 5, 2011, and received one opposition filed on August 7, 2011 by CLOUD SOFTWARE GROUP, INC. on (a) Likelihood of confusion, (b) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by FISH & RICHARDSON P.C. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 7, 2011
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 35 with following description of goods:
Updating and maintenance of data in computer databases
Computerised file managing
Retail services and wholesale services in relation to computer and network systems
Business consultancy
Collating of data in computer databases
Electronic data processing consultancy
Electronic data storage.
The mark was filed in class 37 with following description of goods:
Installation, maintenance, and repair of computer hardware
Installation, repair and maintenance of data technology installations (hardware)
Installation and maintenance of hardware for network systems.
The mark was filed in class 42 with following description of goods:
Computer software (updating of-)
Updating of computer software
Updating of Internet pages
User management and authorisation on computer networks
Consultancy with regard to the design of homepages and Internet pages
Telecommunications engineering consultancy
Consultancy in the field of computers
Computer hardware and software consultancy
Computer software consulting
Computer systems analyses
Designing and creating homepages and Internet pages
Software design services
Design of computer systems
Computer programming
Virus protection
Digital image processing (graphic design)
Technical testing
Furnishings consultancy
Electronic data security
Computer software and hardware design and development
Computer programming
Surveying
Design and maintenance of websites for third parties
Industrial analysis and research services
Installation and maintenance of software
Installation and maintenance of software for Internet access
Installation of computer programs
Configuring computer networks by means of software
Conversion of computer programs and data (other than physical alteration)
Conversion of data or documents from physical to electronic media
Duplication of computer programs
Server administration
Security services for protection against illegal network access
Technical consultancy
Technical project studies
Technical project management in the field of electronic data processing
Rental and maintenance of memory space for websites, for others (hosting)
Rental of computer printers
Rental of computer
Rental of computer software
Computer rental
Rental of webservers
Restoration of computer dates
Recovery of computer data
Providing or rental of electronic memory space on the Internet (webspace)
Installation, maintenance and repair of software for data technology installations.