The trademark VCAlert was filed by ITES GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 11, 2020, and received one opposition filed on May 17, 2020 by Brüel & Kjaer Vibro GmbH on Likelihood of confusion. the opponent was represented by FPS Rechtsanwaltsgesellschaft mbH & Co. KG and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 1, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Alarms
Alarm systems
Internet-based alarm systems
Software for the configuration and operation of alarms and alarm systems
None of the aforesaid goods relating to goods from or for the field of machine protection, condition and performance monitoring of machines and corresponding diagnoses, as well as sound and vibration measurement technology.
The mark was filed in class 38 with following description of goods:
Telecommunications services providing alarm services and alert services via the Internet, e-mail, computer networks and telecommunications networks
Sending of alarm messages by electronic means
Sending of alarm messages via the internet
Providing access to an alarm platform on the internet.
The mark was filed in class 42 with following description of goods:
Monitoring of computer systems to detect breakdowns
Monitoring of computer systems for detecting unauthorized access or data breach
Monitoring of network systems
Technical supervision and inspection
Computer security system monitoring services
Providing software as a service
Rental of software
Computer programming and software design
Hosting of computer sites (websites).
The mark was filed in class 45 with Alarm monitoring services and Electronic monitoring services for security purposes..