The trademark SKYWARE was filed by Condat Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 18, 2012, and received one opposition filed on April 16, 2012 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 April 16, 2012
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 18, 2012.
The Opposition with reference B 002005489 was refused according to Article 8(1)(b) CTMR with decision issued on April 9, 2013 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Data-processing equipment and computers, for workforce management, healthcare, environmental monitoring and business intelligence, but not for media and entertainment and Data carriers (included in class 9), computer programs recorded on data carriers, including sound and images, for workforce management, healthcare, environmental monitoring and business intelligence, but not for media and entertainment..
The mark was filed in class 35 with Business consultancy in the field of workforce management, healthcare, environmental monitoring and business intelligence, but not in the field of media and entertainment and Planning, organisation and implementation, namely marketing of software products, in the field of workforce management, healthcare, environmental monitoring and business intelligence, but not in the field of media and entertainment..
The mark was filed in class 42 with Development of computer programs and systems software, in particular for telecommunications technology and Internet applications, in the field of workforce management, healthcare, environmental monitoring and business intelligence, but not in the field of media and entertainment and Consultancy in the field of data processing, in the field of workforce management, healthcare, environmental monitoring and business intelligence, but not in the field of media and entertainment..