The trademark application atmosphere was filed by PolyEstate AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 27, 2020, and it was registered by office on November 4, 2020 without any oppositions.
The application was filed in German (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2020.The first Cancellation was filed by Union Investment Real Estate GmbH (represented by JBB RECHTSANWÄLTE JASCHINSKI BIERE BREXL PARTNERSCHAFT MBB) on October 24, 2023 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on March 2, 2022. A transfer of the trademark registration was recorded on February 28, 2024.
The Cancellation with reference B 000053125 was Cancellation rejected according to Article 7(1)(b) CTMR with decision issued on October 2, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer software, recorded
Computer software applications, downloadable
Recorded computer programs
Computer programs [downloadable software]
Interfaces (interface programs for computers)
All the aforesaid goods in class 9 relating to or in connection with communication in real time via a communications platform which can be used on mobile terminals, in particular relating to communication between a number of people across groups
All the aforesaid goods in class 9 relating to or in connection with central contact management, in particular relating to at least partially automated communication between customers and businesses, among customers and/or among businesses
All the aforesaid goods in class 9 in particular relating to real estate or the real estate sector, in particular relating to rental and sale
All of the aforesaid goods in Class 9 being in particular in relation to definition, modelling and automation of business processes.
The mark was filed in class 36 with following description of goods:
Real estate brokerage, in particular in connection with the rental of real estate
Real estate agency
Management of land
Apartment house management
Real estate agency
Real estate management
Accommodation bureaux [apartments]
Rental of apartments
Arranging letting of real estate
Financial management in connection with real estate
Real estate escrow services
All the aforesaid services in class 36 relating to or in connection with real estate or the real estate sector, in particular provided via a communications platform which can be used on mobile terminals, in particular provided by communication between a number of people across groups
All the aforesaid services in class 36 in particular relating to or in connection with central contact management and the providing of contacts via a communications platform which can be used on mobile terminals
All the aforesaid services in class 36 in particular relating to the automation of business processes in connection with communication via a communications platform which can be used on mobile terminals.
The mark was filed in class 42 with following description of goods:
Electronic data storage
Preparation of data processing programmes
Outsource service providers in the field of information technology
Software as a service [SaaS]
Rental of computer software for communication solutions, in particular for the real estate sector
Maintenance of software
Providing of temporary use of online non-downloadable software, in particular for use in connection with at least partially automated communication, in particular relating to rental and sale, in particular of real estate
All the aforesaid services in class 42 relating to a communications platform for the real estate sector which can be used on mobile terminals, in particular in connection with the rental and sale of real estate, in particular relating to communication in real time via the communications platform, in particular relating to communication between a number of people across groups
All the aforesaid services in class 42 relating to or in connection with central contact management and the providing of contacts via a communications platform for the real estate sector which can be used on mobile terminals, in particular relating to at least partial communication between customers and businesses, among customers and/or among businesses, including in particular in relation to the providing of real estate exposés
All the aforesaid services in class 42 in particular relating to the automation of business processes in connection with communication via a communications platform which can be used on mobile terminals.