The trademark application shopware was filed by Shopware AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 6, 2016, and it was registered by office on December 14, 2016 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2016.The first Cancellation was filed by Foundever B.V. & Co. KG (represented by AMPERSAND PARTNERSCHAFT VON RECHTSANWÄLTEN MBB) on October 7, 2024 and Decision taken.
Change of name and professional address of the trademark registration was recorded on June 13, 2018. Change of name and professional address of the trademark registration was recorded on November 13, 2018. Appointment and Replacement of representative of the trademark registration was recorded on October 14, 2019. Change of name and professional address of the trademark registration was recorded on February 16, 2020. Change of name and professional address of the trademark registration was recorded on February 16, 2020. Appointment and Replacement of representative of the trademark registration was recorded on May 12, 2020. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on August 9, 2022.
The Cancellation with reference B 000055870 was EUTM partially cancelled according to Article 58(1)(a) EUTMR with decision issued on October 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Data processing programs
Software, including for mobile terminals (apps)
Software for presentation and sales purposes, including for mobile terminals (apps)
Data processing apparatus and computers, and individual parts and peripheral devices therefor
Recording carriers
Apparatus for recording, transmission or reproduction of sound and/or images.
The mark was filed in class 35 with following description of goods:
Business consultancy, in particular regarding EDP
Compilation and systemisation of data on a central computer
Organisational consultancy, in particular in connection with the digital presentation of goods for sales purposes
Online provider services, namely collection of professional business information, included in class 35
Organization consultancy
Professional business consulting
Retailing relating to clothing, footwear, bags, luggage containers, backpacks, headgear, umbrellas, digital data media, printed matter, stationery, sporting equipment, footwear, crockery, glassware, toys, lighters, computer hardware and software, information technology apparatus, smartphones, smartwatches.
The mark was filed in class 38 with following description of goods:
Providing access to electronic communication platforms
Electronic exchange of data stored in databases accessible via telecommunication networks
Data transmission for archiving and information purposes
Online provider services, namely transmission of information and providing of information in the field of telecommunications (included in class 38)
Leasing access time to a computer database
Providing access to an electronic platform, in particular a web server for using computer software
Telecommunications
Internet providers, namely providing access to the internet.
The mark was filed in class 41 with following description of goods:
Providing of training in connection with computers, computer programs and computer peripheral and auxiliary devices
Providing of training
Continuous training.
The mark was filed in class 42 with following description of goods:
Computer programming
Creating software for databases
Cloud computing
Software as a service (SaaS)
Computer software consultancy, maintenance and updating of computer software, computer software technical support
Internet and IT security consultancy
Technical consultancy in connection with computers, computer programs, computer peripheral devices and computer ancillary equipment
Rental and maintenance of memory space for hosting data, for others (hosting)
Rental of web servers and providing of memory space on the Internet
Design and creation of internet applications and e-commerce applications (computer software)
Providing an electronic platform (computer software), in particular a web server for using computer software.
The mark was filed in class 45 with Licensing of software.