The trademark BPOpen was filed by Capgemini, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 13, 2005, and received one opposition filed on February 12, 2006 by BP Europa SE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by STORK BAMBERGER PATENTANWÄLTE PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 12, 2006
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0075/2008-4 was Opposition allowed according to Article 8(1)(b) CTMR with decision issued on August 27, 2008 by the EUIPO. The Opposition with reference B 000968513 was refused according to Article 8(1)(b) CTMR with decision issued on October 25, 2007 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Business management consultancy
Commercial or industrial management assistance
Business management consultations
Management of computer infrastructure and information systems on behalf of industrial or commercial companies (facilities management)
Consultancy relating to the management of information systems and technologies
Computerized file management.
The mark was filed in class 38 with following description of goods:
Communications by computer terminals and fibreoptic networks
Electronic mail
Information about telecommunications
Providing access by telecommunications and connections to a computer database or the Internet
Providing access to a computer database.
The mark was filed in class 42 with following description of goods:
Computer programming
Design and development of computer software (recorded) and computer software packages
Updating of computer software (recorded) and computer software packages
Studies relating to the installation, improvement, modification and use of computer configurations
Professional consultancy in the field of computers
Consultancy relating to computer security and installation of computer security systems
Computer expertise
Maintenance of computer software (recorded) and computer software packages
Consultancy relating to information systems, development of information strategies for companies
Design, creation and management of information systems and technologies
Consultancy relating to the installation, improvement, modification, migration and use of computer configurations, technical assistance relating to computers.