The trademark THE BUSINESS OF YES was filed by Citrix Systems, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on August 22, 2016, and received one opposition filed on November 22, 2016 by Koninklijke KPN N.V. on Likelihood of confusion. the opponent was represented by Wuyts, Koenraad and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2016
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 002807942 was refused according to Article 8(1)(b) EUTMR with decision issued on March 8, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software, namely, operating system software
Computer software for virtualization, networking, collaboration, remote access, remote support, cloud computing, mobile device and operating systems management
Computer software for enterprise mobility management, mobile application management, data sharing, data security and encryption, delivery, deployment, access, administration and management of computer applications and computer hardware
Computer software for computer application distribution
Computer software for transmission of voice, data, images, audio, video, and information
Computer software for creating, editing, transmitting, exchanging, sharing, uploading, downloading, posting, storing, organizing, displaying, tagging, managing or otherwise providing data, files, images, graphics, sound, text, documents, messages, videos, audio content and other information via the Internet, intranets, extranets, global computer networks, mobile telephone networks
Computer software for creating, editing, transmitting, exchanging, sharing, uploading, downloading, posting, storing, organizing, displaying, tagging, managing or otherwise providing data, files, images, graphics, sound, text, documents, messages, videos, audio content and other information via other communications or information networks, by email, by mobile telephone, or by any other electronic means, including wireless, cable, satellite and cloud
Computer software and hardware for telecommunication-based information storage and retrieval
Computer software for electronic database management
Electronic databases
Computer software for allowing multiple users to share and collaborate on applications and information
Computer software for use in developing, hosting and accessing data, software, files and applications on web and Internet portals
Computer software.
The mark was filed in class 38 with following description of goods:
Telecommunication services for transmitting, uploading, receiving, exchanging, sharing, posting, storing and organizing data, files, graphics, text, voice, signals, images, sound, audio content, videos, files, messages, documents and other information over the Internet, intranets, or extranets or by other global computer networks, information networks or communications networks including wireless, cable, satellite and cloud
Communications services to enable hosting, broadcasting and transmission of events, meetings, presentations, shows, exhibitions, seminars, conferences, workshops, lectures, demonstrations, tutorials and discussions, in real time or otherwise over the Internet, intranets, or extranets or by other global computer networks, information networks or communications networks including wireless, cable, satellite and cloud
Telecommunication services, namely, providing transmission of data, graphics, text, voice, signals, images, sound, audio content, videos, files, messages, documents and other information over cross-domain information systems
Providing secure real-time electronic communications services over a computer network for uploading, downloading, recording, sharing, exchanging, receiving, posting, storing and organizing files, data, graphics, text, voice, signals, images, sound, audio content, videos, files, messages, documents and other information over the Internet, intranets, or extranets
Providing secure real-time electronic communications services over a computer network for uploading, downloading, recording, sharing, exchanging, receiving, posting, storing and organizing files, data, graphics, text, voice, signals, images, sound, audio content, videos, files, messages, documents and other information by other global computer networks, information networks or communications networks including wireless, cable, satellite and cloud
Distributing digital content on the Internet and on other global computer networks, information networks and communications networks including wireless, cable, satellite and cloud
Communications services to enable streaming events, meetings, presentations, shows, exhibitions, seminars, conferences, workshops, lectures, demonstrations, tutorials and discussions
Communication services to enable the provision of IT, troubleshooting, helpdesk and support services over the Internet, intranets, or extranets or by other global computer networks, information networks or communications networks including wireless, cable, satellite and cloud
None of the aforesaid services being exclusively provided as a mobile phone transmission service.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
Providing temporary use of on-line, non-downloadable software for networking, virtualization, collaboration, remote access, remote support, cloud computing, mobile device management, data sharing, data security, access, administration and management of computer applications and computer hardware
Providing temporary use of on-line, non-downloadable software for computer application distribution
Providing temporary use of on-line, non-downloadable software for transmission of voice, data, images, audio, video, and information
Providing temporary use of on-line, non-downloadable software for content management, online project management, online conferences, meetings, demonstrations, tours, presentations and interactive discussions
Technical consultation in the field of computer systems, networks and software
Technical assistance in the nature of monitoring technological functions of computer network systems
Providing technical information in the field of computer systems, networks and software
Integration of computer systems, networks and software
Providing temporary use of on-line, non-downloadable software that allows users to create, edit, transmit, exchange, share, upload, download, post, store, organize, display, tag, manage or otherwise provide data, files, images, graphics, sound, text, documents, messages, videos, audio content and other information over the Internet, intranets, extranets, global computer networks, mobile telephone networks
Providing temporary use of on-line, non-downloadable software that allows users to create, edit, transmit, exchange, share, upload, download, post, store, organize, display, tag, manage or otherwise provide data, files, images, graphics, sound, text, documents, messages, videos, audio content and other information over other information networks, by email, or by any other electronic means, including wireless, cable, satellite and cloud
Hosting an online web site that allows users to create, edit, transmit, exchange, share, upload, download, post, store, organize, display, tag, manage or otherwise provide data, files, images, graphics, sound, text, documents, messages, videos, audio content and other information over the Internet, intranets, extranets, global computer networks, mobile telephone networks or other information networks, by email, or by any other electronic means, including wireless, cable, satellite and cloud
Design and development of computer hardware and software
Repair of computer software
Monitoring of computer systems by remote access to ensure proper functioning
Computer services, namely, remote management of the information technology (IT) systems of others
Electronic data storage and organization
Computer network design for others
Design of information technology systems
Research and development services in the field of computers, computer software and hardware, computer systems and networks, virtualization and remote collaboration, information technology, and data management, storage, and organization
Technical consultation and advisory services in the field of computers, computer software and hardware, virtualization and remote collaboration, computer systems and networks, information technology, and data management, storage, and organization
Design and development of computer databases and electronic databases
Computer programming services
Hosting the websites of others on a virtual private server
Computer systems analysis
Providing temporary use of on-line, nondownloadable software for use in sharing data files between computers
Providing a web site that enables computer users the ability to upload, download and exchange files
Providing temporary use of on-line, non-downloadable software for use in uploading, downloading and exchanging files between computers
Providing news and information in the fields of computer of computer hardware and software, computer software design, operating system software, software and hardware virtualization, computer and network security and computer software development via a global computer network
Providing a website for the exchange of information, software, and documentation in the fields of computer hardware and software, computer software design, operating system software, software and hardware virtualization, computer and network security and computer software development
Computer services, namely, creating an on-line community for users to participate in discussions, get feedback from their peers, engage in social networking services and share information in the fields of computer hardware and software, computer software design, operating system software, software and hardware virtualization, computer and network security and computer software development
Installation, maintenance and testing of computer software for allowing multiple users to share and collaborate on applications and information
Installation, maintenance and testing of computer software for use in developing, hosting and accessing data, software, files and applications on web and Internet portals
Installation, maintenance and testing of computer software for use in enterprise mobility management, mobile device management, mobile application management, and for application, operating system, desktop and server virtualization.