EUTM file information

018019990

XARA

February 6, 2019

Trademark Summary

The trademark XARA was filed by Xara GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 13, 2019, and received one opposition filed on May 13, 2019 by NORKA Norddeutsche Kunststoff- und Elektro-Gesellschaft Stäcker mbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RAFFAY & FLECK and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 13, 2019

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Partial Surrender of the trademark registration was recorded on September 5, 2024.

The Appeal with reference B R0586/2021-5 was Application partially rejected according to Article 71(1) EUTMDR with decision issued on February 9, 2022 by the EUIPO. The Appeal with reference B R0586/2021-5 was Application allowed according to Article 8(1)(a) EUTMR with decision issued on July 8, 2024 by the EUIPO. The Opposition with reference B 003083278 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on February 2, 2021 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Recorded content
    2. Information technology and audio-visual, multimedia and photographic devices
    3. Software
    4. All the aforesaid goods, other than the following goods: Software for controlling lights, lighting apparatus and systems.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing and promotional services
    2. Business assistance, management and administrative services
    3. Business analysis, research and information services
    4. Provision of online financial services comparisons
    5. Provision of an on-line marketplace for buyers and sellers of goods and services
    6. Computerized on-line ordering services
    7. Electronic order processing
    8. Bidding quotation
    9. Goods or services price quotations
    10. Providing consumer information relating to goods and services
    11. Online ordering services
    12. Mediation and conclusion of commercial transactions for others
    13. Sales administration
    14. Procurement of contracts [for others]
    15. Intermediary services relating to advertising.
  • The mark was filed in class 41 with following description of goods:
    1. Publishing and reporting
    2. Audio, video and multimedia production, and photography
    3. Education and instruction services
    4. Organisation of conferences, exhibitions and competitions
    5. Audio and video production, and photography
    6. Provision of on-line entertainment
    7. Providing on-line non-downloadable audio content
    8. Providing on-line non-downloadable pictures
    9. Online game services through mobile devices
    10. Provision of entertainment information by electronic means.
  • The mark was filed in class 42 with following description of goods:
    1. Software as a service [SaaS]
    2. Hosting services, software as a service, and rental of software
    3. IT services
    4. All the aforesaid services, Other than the following services: Services in connection with software for controlling lights, lighting apparatus and systems.