The trademark hology. was filed by Andreas Gruyters, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 30, 2019, and received one opposition filed on December 15, 2019 by eology GmbH on Likelihood of confusion. the opponent was represented by CORNEA FRANZ RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2019
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 4, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software for cloud computing services
Electronic databases recorded on magnetic, optical, digital and computer media
Apps
Recorded content, In particular copying, migration and system data records
Compact discs, DVDs and other digital recording media
Integrated circuit chips
Computers
Computers, in particular servers, personal computers and notebooks
Computer operating programs, recorded
Computer screens
Computer network and data communications apparatus and equipment, in particular data networks, data transmission apparatus, mobile data apparatus, interactive data transmission apparatus, data communications hardware
Peripherals adapted for use with computers
Recorded computer programs
Computer programs [downloadable software]
Computer software (computer programs), both recorded and downloadable, for data analysis, recommendation systems, decision support systems, data mining, process mining, knowledge discovery and management, automation, optimisation, process optimisation, machine learning, advertising, personalising, document management, business intelligence, reporting, prediction and prognosis
Computer software, recorded
Computer software for data synchronisation
Computer software for creating and accessing searchable databases of information and data
Computer software for use in migration between databases, computer programs and computer systems
Computer software, including in the form of apps
Computer software, both recorded and downloadable, for analytical applications for company and market data as well as data and measured values relating to companies and markets, in particular for bookkeeping, consolidation, financial information systems, financial reports, management reports, budgeting, business planning, data storage, data maintenance, business management, data analysis and extraction from upstream systems, diagnosis, regulating and control
Games software
Computer keyboards
Data processing apparatus
Disk drives for computers
Printers for computers
Printed circuit boards
Apparatus for recording, transmission or reproduction of sound or images
Wrist rests for use with computers
Data processing equipment
Interfaces for computers
Laptop computers
Magnetic ando optical data carriers
Machine-readable data carriers containing programs for the aforesaid fields
Monitors [computer hardware]
Monitors [computer programs]
Software
Computer software for document management
Software for a systematic method for recording and controlling risks in various company fields in order to control general company risks, credit risks, financial investment risks, environmental risks, actuarial risks, technical risks
Software for supply chain management
Software for project management, namely planning, controlling and checking projects and for concept and innovation management (planning, controlling and checking of innovations in businesses and organisations)
Software for risk management (of risks and the controlling of reactions to risks that have been detected)
Software for knowledge management
Computer software and computer software packages for optimising business processes
Computer software for exchanging data between a sensor, a controller or a machine and an SAP system
Computer software for integrating data from the sensor into the enterprise information system
Computer software for programming commercial applications in the SAP environment, support software
Computer software for controlling IT infrastructure
Computer software for controlling logistics and transport networks
Computer memory devices
None of the aforesaid goods for use in the field of medical matters and / or pharmaceuticals and / or biotechnology and / or healthcare.
The mark was filed in class 35 with following description of goods:
Agile project management from an organisational and professional business perspective
Computerized file management
Updating of advertising material
Commercial information services, including via the internet, cable networks or other forms of data transmission
Providing business information in the field of media
Evaluation of data in the field of search engine optimisation, namely by compiling statistics and through statistical analysis of databases in the field of search engine optimisation for market research and advertising purposes [data mining]
Business management and organization consultancy
Business management and organisation consultancy, in particular advertising agencies
Business management consulting
Business management consultancy and business consultancy
Image-related business management consultancy
Procurement services for others [purchasing goods and services for other businesses]
Order placement and delivery services and invoice management, including within the framework of e-commerce
Business analysis, research and information services
Business needs analysis
Professional business consulting
Professional business consultancy and management consultancy, In particular organisational consultancy
Professional business/organisational consultancy relating to e-commerce, design, creation, programming, operation and maintenance of online shops, and professional business consultancy in the field of accounting, business management and ERP software [included in class 35]
Professional business/organisational consultancy in the information technology field, analysis of target groups, strategic consultancy, conceptual development for the general perspective of companies on the internet
Promotion of services of partner companies, in particular via remote communication, including via the internet, or via face-to-face talks or lectures
Accounting
Office functions
Computerised office functions
Office functions, namely searching for information in computer files [for others], in particular in the field of technology for business purposes
Computerized file management
Computerised market research
Computerised compilation of data directories for electronic data processing
Consultancy (business consultancy)
Computerized file management
Advertising agencies
Business monitoring and consultancy, namely analysis of operational processes to provide strategies regarding marketing, sales, operation and product design, in particular specialising in the use of analytical and statistical models for the understanding and predicting of consumer, business and market trends and actions
Digital marketing
Compilation of statistics
Providing statistics, statistical analysis of databases for market research and advertising purposes, market analysis and economic forecasting
Creation of indices of information, indices of websites and indices of other information sources in relation to global computer networks for business and advertising purposes
Provision of information relating to data processing
Consumers (Commercial information and advice for -) [consumer advice shop]
Television advertising
Business management
Business management and administrative services, in particular administrative data processing, creation of administrative operating concepts
Providing commercial assistance to advertisers in creating, managing, and organizing online advertising and online product listings
Publication of publicity texts
Business information
Interactive marketing services
Commercial administration of the licensing of the goods and services of others
Layout services for advertising purposes
Layout services for advertising purposes, in particular of promotional printed textiles, pens, notepads and cups
Modelling for advertising or sales promotion
Marketing services
Market research
Marketing for others on digital networks, in particular for graphic artists and designers
Marketing services, Namely content marketing
Marketing, namely search engine marketing
Marketing analysis
Market analysis and research, statistical analysis and reporting services for business purposes in the field of consumer research
Marketing studies
Market research by means of a computer database in the field of consumer goods and services
Market research, in particular market analysis, systematic gathering and statistical analysis of data regarding markets and possibilities for influencing markets for the purpose of obtaining information for marketing decisions
Opinion polling
Opinion polling by means of surveying people and companies, Gathering and systematic ordering of data in computer databases, And providing statistics in respect of economic prognosis and technological trends
Opinion polling by means of online surveys
Merchandising
Data search in computer files for others
Business research
Public relations services
On-line advertising on a computer network
Organization and operating of promotions events
Organization of exhibitions for commercial or advertising purposes
Organisational analysis
Business organisation consulting
Organisational analysis and optimisation and reorganisation of business processes
Organisational consultancy
Organisational consultancy relating to the conducting of projects
Organisational consultancy relating to business networking between companies and business networking with investors
Organisational consultancy in respect of sharing knowledge between people (knowledge management)
Organisational and professional business consultancy in the field of the automation of processes
Organisational and professional business consultancy relating to the concluding of contracts
Organisational and professional business consultancy relating to setting up and operating an overseas office, including assistance in dealing with authorities or in accounting matters
Organisational project management in the field of electronic data processing
Organisational project management in the advertising sector
Organising of business contacts
Outsourcing as assistance in business matters
Outsourcing services (outsourcing of company tasks, business assistance)
Personnel management consultancy
Bill-posting
Planning and design of advertising activities
Planning, design, arranging and conducting of shows and events for commercial or advertising purposes
Presentation of companies on the Internet and other media
Publication of printed matter (including in electronic form), for advertising purposes
Radio advertising
Collection and systematisation of business data, in particular computerised data relating to business
News clipping services
News, audiovisual content and audio content clipping services [media clipping]
Collection of data
Collating of data in databases
Gathering company data in computer databases
Shop window dressing
Social business intelligence, namely business consultancy in terms of operative and strategic decisions from a business perspective
Sponsoring in the form of advertising
Systemization of information into computer databases
Telemarketing services
Business supervision from a professional business perspective
Business consultancy and advisory services
Business consultancy relating to company strategy
Business consultancy relating to the distribution of goods
Business advisory services relating to company performance
Business consultancy and professional business consultancy relating to business management, in particular in the fields of business management and organisation, process analysis, data analysis, process optimisation, innovation consultancy, online marketing consultancy, personnel management consultancy, advice on digitalisation or digital transformation of companies
Business consultancy and advisory services, In particular process and strategy consultancy for all commercial sectors
Business services, namely, consumer research and consulting related thereto
Business administration
Organisation of trade fairs for commercial or advertising purposes
Dissemination of advertising matter
Dissemination of advertising for others via the Internet
Writing of publicity texts
Sales promotion for others
Promoting the goods and services of others by providing a website featuring coupons, offers, rebates, reward cards, consumer reviews, links to the retail websites of others, online catalogs featuring a wide variety of consumer goods of others, comparison shopping, and discount information
Sales promotional and marketing services, In particular referral marketing
Advertising and promoting the goods and services of others via a global computer network
Rental of advertising space
Rental of advertising space, including on the Internet (banner exchange)
Publicity material rental
Rental of advertising time on communication media
Arranging and concluding of contracts for the use of services
Providing of addresses for advertising purposes
Arranging of trading and economical contacts, also over the Internet
Arranging of contracts, for others, for the providing of services
Arranging advertising and promotional contracts for others
Advertising by mail order
Dispatch of advertisments
Distribution of advertising material, in particular of promotional printed textiles, pens, notepads and cups
Sample distribution
Direct mail advertising
Computer file management in databases in the fields of hardware and software
Management of files in computer databases as office functions
Business information management, namely, electronic reporting of business information, business analytics
Business administration
Demonstration of goods
Good and service presentations
Advertising
Publicity columns preparation
Advertisement for others on the Internet
Advertising services provided via a data base
Advertising and marketing using SEO [search engine optimisation] techniques
Advertising, marketing and promotional services
Advertising, Namely SEM [search engine marketing] to attract visitors to websites via web search engines
Advertising, namely search engine advertising
Compilation and systemization of information into computer databases
Collecting information for business
Information and data compiling and analyzing relating to business management
Computerised data processing
Compilation and systematisation of information in databanks
Collating, systematic ordering and maintenance of data in a computer database
None of the aforesaid services for use in the field of medical matters and / or pharmaceuticals and / or biotechnology and / or healthcare.
The mark was filed in class 41 with following description of goods:
Training consultancy and further training consultancy, in particular for graphic artists and designers
Providing on-line electronic publications, not downloadable
Vocational guidance [education or training advice], in particular for graphic artists and designers
Modelling for artists
Photographic reporting
Coaching, in particular in the field of image promotion and optimisation of visibility
Electronic desktop publishing
Recording studio services for television
Publishing services, except printing
Games on the Internet
Subtitling
Academies [education], in particular academies for graphic artists and designers
Tuition
Operation of holiday camps, in particular for graphic artists and designers
Distance learning courses, in particular for graphic artists and designers
Correspondence courses
Film production services
Movie studios
Rental of motion pictures
Photography
Publication of texts, other than publicity texts
Publication of printed matter in electronic format, including on the Internet
Publication of periodicals and books in electronic form, including on the Internet
Microfilming
Videotape editing
Game services provided on-line from a computer network
Publication of electronic books and journals on-line
Arranging and conducting of cultural and/or sports events
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging and conducting of symposiums
Planning (Party -) [entertainment]
Human resources development by basic and advanced training
Practical training [demonstration], in particular for graphic artists and designers
Website editing (support services)
Translation and interpretation
Arranging and conducting of seminars
Arranging and conducting of workshops [training], in particular for graphic artists and designers
Arranging and conducting of colloquiums
Organization of exhibitions for cultural or educational purposes
Operating of lotteries
Arranging of beauty contests
Organization of shows [impresario services]
Organisation of competitions [education or entertainment]
Scriptwriting services
Rental of video cameras
Videotaping
Videotape production
Rental of videotapes
Rental of video recorders
News reporters services
Composition of television programs and broadcast programs
Layout services, other than for advertising purposes
None of the aforesaid services for use in the field ofmedical matters and / or pharmaceuticals and / or biotechnology and / or healthcare.
The mark was filed in class 42 with following description of goods:
Updating Internet pages
Consultancy with regard to the design of homepages and Internet pages
Consultancy relating to the design of packaging
Web site design consultancy
Consultancy with regard to room design
Providing search engines for the internet
Computerised design services
Design for others in the field of clothing
New product design
Design of board-games
Brochure design
Computer software design, In particular graphic design of user interfaces
Design of printed material
Design of graphics and of livery for corporate identity
Design of homepages and websites
Logo design
Design of fashion accessories
Jewellery design services
Design of stationery
Design consultancy
Design services relating to the publication of documents
Graphic art design
Packaging design
Design of clothing
Company logo design services
Design of works of art
Jewellery design services
Packaging design
Graphic-design services
Art work design
Industrial design
Dress designing
Packaging design
Software engineering
Programming
Commercial and packaging design
Product design
Deign of building interiors
Digital image processing (graphic design)
Editing, formatting and transfer of data on to blank CDs (premastering)
Design services for furniture
Research and development (for others)
Software development
Development of apps
Development of computer game software
Design and development of software for mobile computer systems, mobile terminals, mobile telephones and tablets [apps]
Social network software and virtual worlds software development, hosting and management
Design and development of game applications for mobile computer systems, mobile terminals, mobile telephones and tablets (apps)
Design of logos
Design of logos for t-shirts
Pattern design
Design of ornamental layouts
Creation of web pages
Computer animation
Design for others in the field of clothing
Creating and maintaining web sites for others
Interior design
Design of logos for corporate identity
Brand design services
Design of signs
Design of artwork
Design services for furniture
Graphic design
Graphic design for the compilation of web pages on the internet
Graphic design
Graphic art design
Graphic arts design
Commercial packaging design
Hardware and software consultancy, in particular for graphic artists and designers
Illustration services (design)
Implementation of computer programs on networks
Industrial packaging design services
Interior decoration consultation
Installation of software
Conversion of computer programs and data, other than physical conversion
Webpage design
Copying of computer programs
Textile testing
Maintenance and installation of software
Planning [design] of restaurants
Product design and development
Quality control
Styling [industrial design]
Textile design services
Rental and maintenance of memory space for use as websites for others (hosting)
Rental of computer software, in particular for graphic artists and designers
Computer rental, in particular for graphic artists and designers
Rental of storage space on the Internet
Rental of webservers
Packaging design
Maintenance of computer software, in particular for graphic artists and designers
Maintenance of internet access [software], in particular for graphic artists and designers
Commercial art design
Recovery of computer data, in particular for graphic artists and designers
Providing of web space [web hosting], in particular for graphic artists and designers
Providing of memory space on the internet, in particular for graphic artists and designers
None of the aforesaid services for use in the field of medical matters and / or pharmaceuticals and / or biotechnology and / or healthcare.