The trademark QAware was filed by QAware GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 31, 2017, and received one opposition filed on November 1, 2017 by Voskuil, Gerardus Alfonsus on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DE MERKPLAATS B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 1, 2017
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 28, 2017. Change of name and address of the trademark registration was recorded on January 25, 2022.
The Appeal with reference B R1079/2018-1 was No decision on opposition according to Article 2(2)(b)(ii) EUTMDR with decision issued on April 4, 2019 by the EUIPO. The Appeal with reference B R1989/2020-5 was Proceedings terminated according to Article 109(4) EUTMR with decision issued on November 1, 2021 by the EUIPO. The Opposition with reference B 002987124 was refused according to Article 8(1) EUTMDR with decision issued on August 12, 2020 by the EUIPO. The Opposition with reference B 002987124 was Reject opposition: opposition not admissible according to Article 2(2)(b) EUTMDR with decision issued on April 10, 2018 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 3020172067272 and filed on February 26, 2017 which was abandoned by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Adaptive software
Computer antivirus software
Programmed video games contained on cartridges [software]
Computer games programmes downloaded via the internet [software]
Bioinformatics software
BIOS software
Computer software, recorded
Data carriers for computers having software recorded thereon
Computer hardware for use in computer-assisted software engineering
Computer programs and software for image processing used for mobile phones
Computer software for computer aided software engineering
Games (cartridges for computer -) [software]
Games software
Computer programmes for data processing
Digital telephone platforms and software
Three dimensional picture manipulators
Integrated software packages
Electronic sports training simulators [computer hardware and software-based teaching apparatus]
Computer firewall software
Firmware and software for electronic cigarettes
Computer groupware
Downloadable email software
Downloadable software
Downloadable instant messaging software
Downloadable cloud computing software
Computer software applications, downloadable
Downloadable applications for use with mobile devices
Industrial controls incorporating software
Integrated software packages for use in the automation of laboratories
Parental control software
Magnetic data carriers bearing recorded software
Magnetic tapes for memorising software programs
Magnetic platforms for software
Magnetic supports for software
Middleware for management of software functions on electronic devices
On-premise management software
Optical data carriers bearing recorded software
Personal computers incorporating dietary aid computer software
Printer spooler software
Sensory software
Software
Computer software for biometric systems for the identification and authentication of persons
Credit screening software
Chemical engineering software
Computer-aided manufacturing software
Computer-aided design (CAD) software
Computer telephony software
Computer video game software
Civil engineering software
Software for the operational management of portable magnetic and electronic cards
Financial management software
Software for debt recovery
Software for interactive television
Software for commerce over a global communications network
Internet access software
Mechanical engineering software
Desktop publishing software
Software for the analysis of business data
Satellite imagery photo-interpretation software
Electrical engineering software
Manufacturing software
Data compression software
Cloud network monitoring software
Software for the processing of business transactions
Software for mobile device management
Science software
Software related to handheld digital electronic devices
Computer whiteboard software
Electromechanical software
Augmented reality software for creating maps
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Augmented reality software
Augmented reality software for use in mobile devices
Software for diagnostics and troubleshooting
Software for televisions
Software for GPS navigation systems
Graphical user interface software
Software for card readers
Teacher software
Master of Education software
Mobile software
Software for mobile phones
Software for network and device security
Software for online messaging
Software for satellite navigation systems
Software programs for video games
Student software
Table representation software
Software for tablet computers
Business technology software
Unified communications software
Virtual classroom software
Community software
Predictive maintenance software
Software and applications for mobile devices
Privacy protection software
Software for processing images, graphics and text
Computer software for interpreting fingerprints or palm prints
Software for dosimetry purposes in the field of radiotherapy
Software for conducting general meetings
Website development software
Gesture recognition software
Software for facilitating secure credit card transactions
Tax preparation software
Control segment integration software
Software to control building environmental, access and security systems
Software for optical character recognition
Computer software to maintain and operate computer system
Software for ensuring the security of electronic mail
Instant messaging software
Industrial process control software
Software to control and improve audio equipment sound quality
Software for searching and retrieving information across a computer network
Electronic mail and messaging software
Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures
Computer software for use in processing semiconductor wafers
Software development kit [SDK]
Cartridges [software] for use with computers
Computer software packages
Virtual reality software
Games (cartridges for video -) [software]
Assistive software
Testware
Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other
Software programmable microprocessors
Computer software adapted for use in the operation of computers
Computer software in the field of electronic publishing
Computer software to enable browsing on global computer networks
Computer software to enable the provision of information via communications networks
Computer software to enable the provision of information via the Internet
Computer software to enable the provision of electronic media via communications networks
Computer software to enable the provision of electronic media via the Internet
Computer software for inter-network accounting in the telecommunications field
Computer software for document management
Computer software for wireless content delivery
Computer software for database management
Computer e-commerce software
Computer software for accessing information directories that may be downloaded from the global computer network
Computer software relating to the medical field
Computer software for communication between computers over a local network
Computer software to enable the searching of data
Computer software for processing market information
Computer software for use in remote meter monitoring
Computer software designed to estimate costs
Computer software for communicating purposes between microcomputers
Computer software designed to estimate resource requirements
Computer software for communicating with users of hand-held computers
Computer software to enable the transmission of photographs to mobile telephones
Computer software for processing digital music files
Software for processing digital images
Computer software for controlling the operation of audio and video devices
Computer software for controlling self-service terminals
Computer software for use in programming facsimile machines
Computer software for the remote control of security apparatus
Computer software for the remote control of office machines and equipment
Computer software for the remote control of telephone sets and radiotelephony sets
Communications processing computer software
Computer software for administration of local area networks
Computer software for the remote control of electric lighting apparatus
Computer software for electronic bulletin boards
Computer software for business purposes
Computer software for Global Positioning Systems
Computer software for wireless network communications
Computer software for use on handheld mobile digital electronic devices and other consumer electronics
Computer software for mobile phones
Typeface font computer software
Computer search engine software
Computer software for advertising
Computer software relating to financial history
Computer software concerned with children's education
Computer programmes relating to financial matters
Computer software relating to the handling of financial transactions
Computer software for the collection of positioning data
Music-composition software
Computer software for creating and editing music and sounds
Computer software for organizing and viewing digital images and photographs
Computer software for scanning images and documents
Computer software for controlling amplifiers
Computer software to operate vehicles
Computer software for instrument tuning
Computer software for the transmission of positioning data
Computer software for the processing of positioning data
Computer software for the compilation of positioning data
Computer software for the administration of on-line games and gaming
Computer software for audibly controlling a computer and the operation thereof
Computer software for analysing market information
Computer software for application and database integration
Computer software to automate data warehousing
Computer software for use in providing multiple user access to a global computer information network
Computer software for the detection of threats to computer networks
Computer software that permits games to be played
Computer software to enable teleconferencing, videoconferencing and videophone services
Computer software to enable retrieval of data
Computer software for creating dynamic websites
Computer software for producing financial models
Computer software for creating searchable databases of information and data
Computer software for the creation of firewalls
Computer software for use in creating and designing websites
Computer software to enhance the audio-visual capabilities of multimedia applications
Computer software for generation of typefaces and fonts
Computer software for authorising access to data bases
Computer software for converting document images into electronic formats
Computer software for testing vulnerability in computers and computer networks
Computer software for controlling and managing access server applications
Computer software for the monitoring of computer systems
Computer software for monitoring the use of computers and the internet by children
Computer software for assisting in the design of sports equipment
Computer software that assists computers in deploying parallel applications and performing parallel computations
Computer software for the dissemination of positioning data
Computer software for encryption
Computer software for use in remote meter reading
Computer software for use in migrating between different computer network operating systems
Computer software for use in medical decision support systems
Computer software for use in computer access control
Computer software for use as an application programming interface (API)
Computer software for time control
Computer software platforms
Computer software programs for spreadsheet management
Computer games programmes for simulating financial securities trading [software]
Computer software development tools
Recorded computer software for safe car driving
Computer software downloadable from global computer information networks
Downloadable computer software for the management of data
Downloadable computer software for the transmission of data
Downloadable computer software for the transmission of information
Downloadable computer software for the management of information
Downloadable computer software for remote monitoring and analysis
Interactive computer software
Interactive computer software enabling exchange of information
Interactive computer software that provides navigational and travel information
Video games on disc [computer software].
The mark was filed in class 42 with following description of goods:
Computer software design
Updating of computer software
Computer software design and updating
Maintenance and updating of computer software
Updating of software data bases
Updating of software for communication systems
Updating of software for data processing
Updating of memory banks of computer systems
Commissioned writing of computer programs, software and code for the creation of web pages on the Internet
Advisory services in the field of product development and quality improvement of software
Consultancy in the field of software design
Computer hardware and software consultancy
Consultancy services relating to computer networks using mixed software environments
Advisory services relating to computer programming
Consultancy services relating to software used in the field of e-commerce
Consultancy relating to software for communication systems
Providing temporary use of on-line non-downloadable software for database management
Providing temporary use of non-downloadable software to enable content providers to track multimedia content
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Providing temporary use of non-downloadable software for analyzing financial data and generating reports
Providing temporary use of online non-downloadable investment software
Providing temporary use of web-based software
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of on-line non-downloadable software for web site development
Providing temporary use of on-line non-downloadable software for inventory management
Computer programming and software design
Consultancy and advice on computer software and hardware
Design and development of data retrieval software
Video game software design
Diagnosing computer hardware problems using software
Services for the design of electronic data processing software
Technical project studies in the field of computer hardware and software
Project studies relating to software
Software development
Development, updating and maintenance of software and database systems
Software development, programming and implementation
Development and testing of computing methods, algorithms and software
Development and testing of software
Development and maintenance of computer software
Development of computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam)
Development of interactive multimedia software
Development of softwarefor digital signal processing
Development of software for secure network operations
Development of software for compression and decompression of multimedia contents
Development of software for processing and distribution of multimedia contents
Development of virtual reality software
Development of software for multimedia data storing and recalling
Development of software for audio and video operators
Development of computer game software
Development of software for data and multimedia content conversion from and to different protocols
Development of software for communication systems
Design of software for use with printing machines
Development of software solutions for internet providers and internet users
Video game software development
Design, development and implementation of software
Design and development of multimedia products
Computer time sharing facilities (Provision of -)
Design and development of video game software
Design and development of software for control, regulation and monitoring of solar energy systems
Design and development of software for electronic television program guides
Design and development of computer software for supply chain management
Design and development of electronic database software
Design and development of route planning software
Design and development of computer software architecture
Design and development of virtual reality software
Design and development of computer game software
Design and development of computer game software and virtual reality software
Design and development of software for website development
Design and development of software for inventory management
Design of audio-visual creative works
Design of computer programs and software relating to aircraft
Design of information systems relating to finance
Providing temporary use of on-line non-downloadable software for the transmission of information
Providing temporary use of on-line, non-downloadable software for use in publishing and printing
Providing temporary use of on-line non-downloadable software for the management of information
Providing temporary use of on-line non-downloadable software for the transmission of data
Providing temporary use of on-line non-downloadable software for the management of data
Creation and maintenance of software for blogs
Writing of programs for data processing
Creation, maintenance and adaptation of software
Professional consultancy services relating to computer programming
Troubleshooting of computer hardware and software problems
Research in the field of computer programs and software
Computer software research
Hosting services and software as a service and rental of software
Hosting of software for use in library management
Installation and maintenance of Internet access software
Installation of computer software
Installation of Internet access software
Installation, repair and maintenance of computer software
Installation, maintenance and repair of software for computer systems
Configuration of computer networks by software
Configuring computer hardware using software
Design and development of software and hardware for signal amplification and transmission
Design of virtual reality software
Design of software for digital signal processing
Design of software for audio and video operators
Design of computer game software
Design of software for processing and distribution of multimedia contents
Design of software for multimedia data storing and recalling
Design of software for data and multimedia content conversion from and to different protocols
Design of software for compression and decompression of multimedia contents
Custom design of software packages
Software customisation services
Maintenance of computer records
Maintenance of software for communication systems
Maintenance of software used in the field of e-commerce
Programming of software for Internet portals, chatrooms, chat lines and Internet forums
Programming of computer game software
Programming of software for Internet platforms
Programming of software for e-commerce platforms
Programming of software for information platforms on the Internet
Programming of EDP software
Programming of software for inventory management
Programming of software for website development
Programming of video game software
Repair of software [maintenance, updating]
Software as a service [SaaS]
Software design and development
Software engineering
Software engineering services for data processing programs
Software creation
Rental of computer software
Technical services for the downloading of software
Computer software technical support services
Rental of computer software, data processing equipment and computer peripheral devices
Rental of computer hardware and computer software
Rental of computer programs
Rental of design equipment
Rental of software for Internet access
Rental of computers and computer software
Rental of financial management software
Rental of software for data processing
Rental of software for inventory management
Rental of software for website development
Rental of video game software
Maintenance and updating of software for communication systems
Maintenance and repair of software
Maintenance of software for Internet access
Consultancy relating to software design and development
Computer software consultancy
Updating of computer software for others
Updating of computer software relating to computer security and prevention of computer risks
Updating and upgrading of computer software
Updating and maintenance of computer software and programs
Advice and development services relating to computer software
Consultancy and information services relating to software rental
Consultancy and information services relating to software maintenance
Consultancy and information services relating to computer software design
Consultancy and information services relating to the design, programming and maintenance of computer software
Advisory services relating to computer software used for printing
Advisory services relating to the use of computer software
Advisory services relating to man-machine interfaces for computer software
Advisory services relating to the rental of computers or computer software
Advisory services relating to computer software used for publishing
Advisory services relating to computer software used for graphics
Advisory services relating to computer software design
Consultancy relating to software maintenance
Consultancy relating to the design and development of computer software programs
Consultancy relating to the updating of software
Providing temporary use of online, non-downloadable computer software for language translation
Providing temporary use of online, non-downloadable computer software for use in broadcast monitoring applications
Providing information, advice and consultancy services in the field of computer software
Providing information about the design and development of computer hardware and software
Providing information about the design and development of computer software
Providing information about the design and development of computer software, systems and networks
Providing information in the field of computer software design
Providing information in the field of computer software development
Computer rental and updating of computer software
Computer software development for others
Installation and maintenance of computer programs
Computer software programming services
Maintenance of computer programs
Design, maintenance and up-dating of computer software
Design, maintenance, rental and updating of computer software
Software design for others
Computer design and programming services
Application service provider [ASP], namely, hosting computer software applications of others
Services for the writing of computer software
Feasibility study services relating to computer software
Conducting feasibility studies relating to computer software
Design, drawing and commissioned writing of computer software
Developing and updating computer software
Development of computer software application solutions
Development of computer software for computer aided design/computer aided manufacturing [CAD/CAM]
Development of computer software for logistics, supply chain management and e-business portals
Development of computer software for use with programmable controllers
Development of computer software for use with computer-controlled switching systems
Development of computer software for creating electronic television program guides
Design, development and programming of computer software
Design and development of computer software for process control
Design and development of computer software for logistics, supply chain management and e-business portals
Design and development of computer software for logistics
Design and development of computer software for use with medical technology
Design and development of computer software for evaluation and calculation of data
Design and development of computer software for reading, transmitting and organising data
Designing computer software for controlling self-service terminals
Design, maintenance, development and updating of computer software
Research and development of computer software
Writing and updating computer software
Professional advisory services relating to computer software
Debugging computer software for others
Troubleshooting of computer software problems
Research relating to the development of computer programs and software
Research relating to the development of computer software
Research and consultancy services relating to computer software
Creating, maintaining, and modernizing computer software
Advisory and information services relating to computer software
Installation, maintenance and updating of computer software
Installation, setting up and maintenance of computer software
Installation, maintenance, repair and servicing of computer software
Installation, maintenance, updating and upgrading of computer software
Computer systems integration services
Calibration services relating to computer software
Configuration of computer software
Design and writing of computer software
Customized design of computer software
Maintenance of computer software relating to computer security and prevention of computer risks
Programming of computer software for reading, transmitting and organising data
Programming of computer software for electronic language translation dictionaries and databases
Programming of computer software for evaluation and calculation of data
Quality control relating to computer software
Research, development, design and upgrading of computer software
Repair of computer software
Writing of computer software
Technical consultancy relating to the installation and maintenance of computer software
Technical consultancy relating to the application and use of computer software
Testing of computer software
Support and maintenance services for computer software
Upgrading of computer software
Rental and maintenance of computer software
Rental of computer software and programs
Leasing of computer software for reading a data stream
Leasing of computer software for reading a data base of price quotes
Leasing of computer software relating to price quotes
Rental of computer software relating to travel
Maintenance and upgrading of computer software
Maintenance of computer software used for operating filling apparatus and machines