The trademark INDIGTO was filed by De Graaf B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 2, 2020, and received one opposition filed on August 27, 2020 by O2 Worldwide Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by STOBBS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 27, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computers and computer peripherals
Data processing equipment
Cloud servers
Computer software, Computer software platforms, Application suites [software], Computer software applications, downloadable, Mobile application software and web application software, including in the field of compliance, governance, integrity and privacy
Computer software for the delivery of cloud computer services
Media content, including downloadable multimedia files
Podcasts
Parts for the aforesaid goods included in this class
All of the aforesaid goods for customer due diligence checks, anti-money laundering checks, counter-terrorism financing and compliance checks, integrity and privacy checks.
The mark was filed in class 35 with following description of goods:
Office functions, Including relating to IT, ICT, (business) intelligence systems, platform and computer software management, data migration, management and storage
Advertising
Promotion services
Commercial services, Including network services, management and business mediation services
Commercial consultancy and commercial management relating to IT, ICT, (business) intelligence systems, platform and computer software management, data migration, management and storage
Business organisation, business economic and business administration consultancy
Commercial consultancy relating to carrying out and processing financial integrity checks
Business project management
Marketing services
Market canvassing, market research and market analysis
Compilation and management of data files
Business management of anonymous financial data
Creating, drawing up, collecting and bringing together statistics
Business analysis of companies (auditing)
Conducting economic forecasting and analysis, including commercial feasibility studies and cost-benefit analyses
Business consultancy in the field of business processes
Commercial business consultancy in the field of the design of compliance and risk management processes, including within companies, organisations and institutions
Business consultancy in the field of risk management and fraud prevention
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of computers and computer peripherals, data processing equipment, cloud servers, computer software, computer software platforms, packaged computer software, computer software feature application, mobile application software and web application software, including in the field of compliance, governance, integrity and privacy, parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating cloud computing software, database management software, server software, downloadable electronic publications, electronic books, magazines (periodicals), magazines, periodicals, newspapers, leaflets, pamphlets, publications, instructional materials and teaching material, media content, downloadable multimedia files, podcasts, parts for the aforesaid goods
Personnel recruitment and selection
Hiring out, lending out and secondment of personnel, including temporary staff, data analysts, programmers, IT and ICT staff
Organisation and conducting of business meetings
Arranging of events for promotional, publicity and/or commercial purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
All of the aforesaid services for customer due diligence checks, anti-money laundering checks, counter-terrorism financing and compliance checks, integrity and privacy checks.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Finance services
Financial management
Financial transfers and transactions, and payment services
Financial analyses, expertise, studies and evaluations
Monitoring transactions
Providing financial reports
Providing of finance, Including in the field of the financial integrity of customers
Financial consultancy relating to risk management, risk management and fraud prevention
Investment risk assessment services and granting credits to companies, organisations, institutions and private individuals
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
All of the aforesaid services for customer due diligence checks, anti-money laundering checks, counter-terrorism financing and compliance checks, integrity and privacy checks.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design services relating thereto
IT and ICT specialists
Design, development and updating of computer systems and computer networks
Designing, developing, testing, programming, installing, updating, upgrading, implementing, maintaining and providing computer software, computer software packages, computer software systems, computer software applications, web applications, mobile applications and databases, including in the area of compliance, governance, integrity and privacy
Migration, implementation services and technical management of IT systems
Cloud computing, Including providing of virtual computer systems and computer environments via cloud computing
Process automation (computer software) services
Providing of application services (Application Service Providers - ASPs)
Platform as a service [PaaS]
Platform as a Service [PaaS]
Data warehousing as a service (DWaaS)
Infrastructure as a Service [IaaS]
Software as a service [SaaS] featuring computer software platforms for artificial intelligence
Management and hosting of computerised data, files, applications, information services and servers
Provision of data centre facilities
Data warehousing
Data mining
Data migration services
Consultancy and information regarding the aforesaid services
Including the aforesaid services provided via electronic networks, including the Internet
All of the aforesaid services for customer due diligence checks, anti-money laundering checks, counter-terrorism financing and compliance checks, integrity and privacy checks.
The mark was filed in class 45 with following description of goods:
Legal services
Legal consultancy in the field of private law and public law legislation and regulations, including consultancy relating to the Financial Supervision Act, and consultancy in the field of compliance, governance, integrity and privacy
Conformity audits regarding financial law
Legal analysis (services of legal consultants) of norms and practices within organisations in order to check whether these norms and practices are in line with the relevant legislation and regulations
Legal analysis (services of legal consultants) relating to legal risks, including relating to the legislation and regulations in the field of compliance, governance, integrity and privacy
Fraud detection, including in the field of providing financial services
Consultancy and information relating to the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
All of the aforesaid services for customer due diligence checks, antimoney laundering checks, counter-terrorism financing and compliance checks, integrity and privacy checks.