The trademark X was filed by Exasol AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 18, 2021, and received one opposition filed on July 15, 2021 by Xactly Corporation on Likelihood of confusion. the opponent was represented by UNIT4 IP RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 15, 2021
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 April 2, 2023. Partial Surrender of the trademark registration was recorded on August 3, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software, not in the context of refurbishing and recycling computers and computer peripheral devices
Computer software for creating searchable databases of information and data
Computer software for application and database integration
Computer software for database management
Downloadable mobile applications for the management of data
Computer software for authorising access to data bases
Computer database servers
Cloud servers
None of the aforesaid goods for loading infrastructure in the field of electromobility
None of the above goods specifically customized for sales and revenue performance analysis and management, sales effectiveness analysis and management, sales compensation analysis and management, employee engagement analysis and management, and operations analysis and management
None of the aforesaid in relation to financial services, including trading in foreign exchange and cryptocurrencies.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 35 with following description of goods:
Data management services
Computerized file management
Compilation of information into computer databases
Systemization of information into computer databases
Updating and maintenance of data in computer databases
Retail services in relation to computer software
Wholesale services in relation to computer software
Market research by means of a computer data base
None of the aforesaid services for loading infrastructure in the field of electromobility
None of the above services specifically customized for sales and revenue performance analysis and management, sales effectiveness analysis and management, sales compensation analysis and management, employee engagement analysis and management, and operations analysis and management
None of the aforesaid in relation to financial services, including trading in foreign exchange and cryptocurrencies.
The mark was filed in class 38 with following description of goods:
Providing access to databases
Rental of access time to a database server
Leasing of access time to a computer database
Leasing access time to a computer database
Transfer of information and data via online services and the Internet
None of the aforesaid services for loading infrastructure in the field of electromobility
None of the above services specifically customized for sales and revenue performance analysis and management, sales effectiveness analysis and management, sales compensation analysis and management, employee engagement analysis and management, and operations analysis and management
None of the aforesaid in relation to financial services, including trading in foreign exchange and cryptocurrencies.
The mark was filed in class 42 with following description of goods:
Software development, programming and implementation, not in the context of refurbishing and recycling computers and computer peripheral devices
Development, programming and implementation of software for database management
Updating and maintenance of software and database systems
Software as a service [SaaS], not in the context of refurbishing and recycling computers and computer peripheral devices
Rental of computer software, not in the context of refurbishing and recycling computers and computer peripheral devices
Hosting of databases
Cloud hosting of databases
Consultancy relating to the design and development of computer database programs
Research relating to the development of computer software
None of the aforesaid services for loading infrastructure in the field of electromobility
None of the above services specifically customized for sales and revenue performance analysis and management, sales effectiveness analysis and management, sales compensation analysis and management, employee engagement analysis and management, and operations analysis and management
None of the aforesaid in relation to financial services, including trading in foreign exchange and cryptocurrencies.
The mark was filed in class 45 with following description of goods:
Licensing of computer software [legal services]
Licensing of databases
None of the above services specifically customized for sales and revenue performance analysis and management, sales effectiveness analysis and management, sales compensation analysis and management, employee engagement analysis and management, and operations analysis and management
None of the aforesaid in relation to financial services, including trading in foreign exchange and cryptocurrencies.