The trademark focs was filed by Focs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 1, 2020, and received one opposition filed on March 1, 2021 by NOVELLUS Holding AG on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 1, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1568/2022-5 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on June 26, 2023 by the EUIPO. The Opposition with reference B 003141869 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Software, Computer software, recorded, Software, Computer software platforms, Computer software (downloadable), web-scale computing software, Desktop software applications [downloadable], Computer software packages, Interactive computer software.
The mark was filed in class 38 with following description of goods:
Providing multiple-user access to data, images, files and online project management tools
Electronic transmission of data, messages, information, images and files
Provision of access to an electronic marketplace [portal] on computer networks.
The mark was filed in class 42 with following description of goods:
Software development, programming and implementation
Software as a service [SaaS]
Consulting services in the field of software as a service [SaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages.