The trademark LUMEN was filed by CenturyLink Communications, LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on April 7, 2020, and received one opposition filed on April 19, 2020 by Cliqz GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SSB Söder Berlinger Rechtsanwälte PartG mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 19, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on July 19, 2020. Partial Surrender of the trademark registration was recorded on November 12, 2020. A transfer of the trademark registration was recorded on February 21, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and computer software for the recording, transmission and reproduction of sound, images or data
Automatic switching apparatus for telecommunication
Broadband wireless equipment, namely, telecommunications base station equipment for cellular and fixed networking and communications applications
Computer hardware and recorded software for setting up and configuring local area networks sold as a unit
Computer hardware and recorded software for setting up and configuring wide area networks sold as a unit
Computer hardware for telecommunications
Computer networking hardware
Computer software for internet access, streaming media and content delivery
Computer software for location-based transmission of information
Geolocation software LAN (local area network) access points for connecting network computer users
Mobile device software for use in teleconferencing and video conferencing
Network access server hardware
Telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols
Wireless adapters used to link computers to a telecommunications network
Computer software to enable uploading, downloading, accessing, posting, displaying, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Software and software applications to enable transmission, access, organization, and management of text messaging, instant messaging, web links, locations and images via the Internet and other communications networks
All the aforesaid excluding software for use in medical devices.
The mark was filed in class 37 with following description of goods:
Advisory services relating to the installation of wireless networks and computer equipment
Consulting in the field of installation, maintenance and repair of telecommunications network hardware, apparatus, and instruments
Installation, maintenance and repair of telecommunications hardware and fiber optic networks
Maintenance of alarm systems
Repair and maintenance of telecommunication machines and apparatus.
The mark was filed in class 38 with following description of goods:
Communications services, namely, providing network access points through which information on the global computer information network passes from one global computer information network service provider to another
Communications services, namely, the transmission of audio and video signals by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
Digital broadcasting of television programs and movies via a global computer network
Electronic streaming and transmission of audio and video messages and images on the internet or an intranet
Electronic transmission of messages and data
Information about telecommunication
Interactive television broadcasting services
Internet protocol television (IPTV) broadcasting services
IP telecommunications services
Location-based transmission of information
Personal communications services
Providing a high speed access to area networks and a global computer information network
Providing access to internet protocol television (IPTV)
Providing computer network access services to others by means of Ethernet services, managed router services and virtual private networks (VPN)
Providing facilities and equipment for telecommunication access services
Providing facilities and equipment for video conferencing and telepresence conferencing
Providing facilities, equipment and voice, data, graphics, images, audio and video transport-based communication services for use by cloud computing providers
Content delivery networking services, namely, delivering content on behalf of others Providing voice communication services via the Internet
Rental (lease) of equipment for telecommunications
Telecommunication services, namely, cloud-based telephone, telephone voice and electronic messaging, teleconferencing and video conferencing, and mobile telephone communication
Telecommunications services, namely, video and data transmissions provided through the use of internet protocol television (IPTV) distribution facilities
Teleconferencing and video conferencing services
Telephone calling card services
Telephony communication services
Television transmission services and satellite transmission services
Time division multiplexing (TDM) services, namely, providing for the transmission of multiple digitized data, voice, and video signals using broadband networks
Voice over IP services
Communications services, namely Local Area Networking (LAN) services, Wide Area Networking (WAN) services, wavelength services and Ethernet networking services
Computer services, namely, providing a web-based system and online portal for customers to remotely manage, administer, modify and control their end user computer devices, data and software applications
Television broadcasting services
Audio, text and video broadcasting services over computer or other communication networks, including uploading, posting, displaying and electronically transmitting data, information, audio and video images
Providing access to multimedia content online
Provision of access to electronic sites featuring content, websites and portals.
The mark was filed in class 42 with following description of goods:
Application service provider (ASP), namely, hosting computer software applications of others
Design, research and consultancy services in relation to automation, namely, automation through wireless telephonic, electric or web monitoring technologies that allow for remote or automated control of environmental control systems for homes, buildings or structures
Design, research and consultancy services in relation to automation for security purposes, namely, automation through wireless telephonic, electric or web monitoring technologies that allow for remote or automated control of building access and security systems
Computer hardware and software consulting services in the field of telecommunications
Computer hardware and software design the field of telecommunications
Computer network configuration services
Computer network design for others
Computer network management, namely, monitoring of network systems for technical purposes
Computer security consultancy
Computer security service, namely, restricting access to and by computer networks to and of undesired web sites, media and individuals and facilities
Computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials
Computer security threat analysis for protecting data
Computer services, namely, filtering of unwanted e-mails
Computer services, namely, monitoring, testing, analyzing, and reporting on the internet traffic control and content control of the web sites of others
Computer services, namely, optimizing cloud computing networks in the nature of remote and on-site infrastructure management and monitoring of cloud computing IT and application systems
Computer services, namely, virus protection, data backup and recovery services
Computer software installation services in the field of telecommunications
Computer systems integration services
Consulting in the field of configuration management for computer hardware and software
Consulting in the field of telecommunications technology
Consulting services in the field of information technology and cloud computing
Data security consultancy
Design, creation, hosting, maintenance of websites for others
Design of computer networks for others
Design of telecommunication systems for others
Electronic storage services for archiving databases, images and other electronic data
Improving, optimizing and accelerating the performance of computing and networking applications, data storage, and communications protocols used in cloud computing networks, namely, updating and maintaining cloud-based computer software and programs
Internet security consultancy
Installation and maintenance of Internet access software
Installation of computer software
Integration of computer systems and networks
Managing and optimizing the WAN, VPN, and VPLS of others
Onsite telecommunications project management in the nature of network analysis and LAN/WAN design
Professional computer services, namely, network analysis, LAN/WAN design, wireless engineering, virtualization and computer project management
Providing virtual computer systems and virtual computer environments through cloud computing
Remote computer backup services
Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services
Technical support services, namely, managing the performance of computing and networking applications, servers, data storage, and communications protocols used in cloud computing networks
Technical support services, namely, migration of data servers and database applications
Technical support, namely, monitoring of network systems
Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems
Telecommunications engineering consultancy
Updating and maintaining computer software through patches
Virtual server colocation services, namely, monitoring and managing hosted server infrastructure for others
Integration, testing and support of wireless networks
Information, advisory and consultancy services relating to all the aforesaid
All the aforesaid excluding the development of software for use in medical devices.