The trademark CKS digital world was filed by CKS Holding Deutschland GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 3, 1998, and received one opposition filed on November 2, 1998 by Digital Equipment Corporation on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier non registered TM & right to prohibit use of later TM under national law, (e) Earlier sign & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 2, 1998
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 000103053 was Reject opposition: opposition not admissible according to Rule 17(4) CTMIR with decision issued on May 12, 1999 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs and information stored on data carriers of all kinds (included in class 9), computer hardware (included in class 9), computer peripheral devices (included in class 9), games/toys in the form of computer games adapted for use with televisions
Downloading computer programs providing access to a computer network.
The mark was filed in class 16 with Printed matter.
The mark was filed in class 28 with Games/toys in the form of computer games not adapted for use with televisions.
The mark was filed in class 35 with following description of goods:
Support services for manufactures of and dealers in computer hardware and software products by sales promotion.
The mark was filed in class 38 with following description of goods:
Providing/facilitating access to computer networks
Sending information and computer programs with the aid of telecommunications (including on-line services)
Mailbox services in the form of electronic transfer of information.
The mark was filed in class 42 with following description of goods:
Writing information and computer programs
Support services for manufacturers of and dealers in computer hardware and software products through technical consultancy on the use and composition of the aforesaid products and for end clients in the form of technical consultancy with regard to the use and composition of the aforesaid products
Business consultancy with regard to computer software and hardware use and computer software and hardware sales
Making available time for use of computer networks.