The trademark conats was filed by Andreas Sauer, a national of the Federal Republic of Germany (the "Applicant") and Thomas Schmidt, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on December 10, 2012, and received one opposition filed on December 20, 2012 by Brieger, Frank on Likelihood of confusion. the opponent was represented by THS.IP Taxhet Hellenbrand Schmitt Rechtsanwälte in Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2012
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 software
Apparatus for recording, transmission or reproduction of sound or images
Data processing equipment and computers and individual parts and peripheral devices therefor, in particular keyboards, monitors, printers, drives, interfaces, cards, scanners, optical storage devices (included in class 9)
Machine-readable data carriers of all kinds with programs/data installed, including magnetic data carriers
Ancillary equipment for computers and data processing equipment, in particular scanners and optical storage devices.
The mark was filed in class 35 with following description of goods:
Business consultancy, in particular with regard to EDP and the optimisation of business work processes
Organisation consultancy, professional business consultancy
Marketing
Online provider services, namely the gathering of information
Online provider services, namely gathering of information, in particular on the Internet
Dissemination of advertising for others via the Internet
On-line advertising in computer networks
Compilation and systemisation of data on a central computer
Organisational consultancy with regard to the archiving of data and archive planning
Organisational consultancy in connection with archive management
Dissemination of advertising for others via the Internet
Retailing and wholesaling, including via the Internet, of software and hardware.
The mark was filed in class 38 with following description of goods:
Telecommunications
Services of an Internet provider (included in class 38)
Online provider services, namely transmission of information and providing of information in the field of telecommunications (included in class 38)
Online provider services, namely transmission of information and providing of information in the field of telecommunications, in particular on the Internet (included in class 38)
Database services and operating databases, namely providing access to archived data for authorised parties
Leasing access time to a computer database
Data transmission for archiving and information purposes.
The mark was filed in class 41 with Providing of training, In particular relating to computer hardware and computer software.
The mark was filed in class 42 with following description of goods:
Computer programming
Design, development and implementation of software
Computer software technical support services, Software installation
Technical consultancy, in particular with regard to the archiving of data and archive planning
Rental of web servers and providing of memory space on the Internet
Design and creation of World Wide Web presentations, homepages, Internet applications and e-commerce applications
Internet and IT security consultancy
Creation, design, writing and updating of websites, for others, creating, design and maintenance of websites
Technical consultancy in connection with computers, computer programs, computer peripheral devices and computer ancillary equipment
Creating software for databases
Conversion of data or documents from physical to electronic media
Technical consultancy with regard to the archiving of data and archive planning
Technical consultancy in connection with archive management
Rental and maintenance of memory space for hosting data, for others (hosting), Computer software rental services