The trademark Familo was filed by Familonet GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 18, 2015, and received one opposition filed on September 17, 2015 by ENTOURAGE SOLUTIONS on Likelihood of confusion. the opponent was represented by FIDAL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 17, 2015
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:
Programs (Computer -) [downloadable software]
Recorded computer software
Computer software applications, downloadable
Instant messaging software
File sharing software
Communications software for electronically exchanging data, In particular location information, Sound, Videos, Images and graphics via computers, mobile phones, Wireless and Telecommunications networks
Computer software for processing images, graphics, audio, video, and text
Alarms
Distance recording apparatus
Distance measuring apparatus, Telemeters
Global Positioning System [GPS] apparatus
Radiotelephones
Vehicles (Navigation apparatus for -) [on-board computers]
Navigational instruments
Satellite navigational apparatus
Smartphones.
The mark was filed in class 35 with following description of goods:
Marketing services
Advertising
Dissemination of advertising matter
Publication of publicity texts
Rental of advertising space
Sales promotion for others
Arranging newspaper subscriptions (for others)
Marketing analysis
Opinion polling
Statistics information
On-line advertising on a computer network
Arranging subscriptions to telecommunication services for others
Wholesaling and retailing of computer programs (downloadable), Software (recorded), Downloadable computer software applications
Wholesaling and retailing of instant messaging software, software for sharing of files, communications software for electronic exchange of data, in particular location information, sound, videos, Images and graphic via computer, mobile phones, wireless and telecommunication networks, Computer software for use in processing images, Graphics, sound, videos and text
Wholesaling and retailing of alarms, Distance recording apparatus, Range finders, Finders, GPS devices, Mobile telephones, Navigation apparatus for vehicles (onboard computers), Navigation instruments, Satellite navigation apparatus, smartphones.
The mark was filed in class 38 with following description of goods:
Telecommunications
Data transmission and reception services via telecommunication networks
Electronic exchange of voice, data, audio, video, text and graphics accessible via computer and telecommunication networks
Email services
Mobile telephone communication services.
The mark was filed in class 42 with following description of goods:
Technological design services
Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, modifying, sharing or otherwise providing electronic media or information over communication networks
Consultancy in the area of information technology (IT)