The trademark TOTOK was filed by ToTok Technology Ltd, a corporation established under the laws of the United Arab Emirates (the "Applicant"). The application was published for oppositions on May 11, 2020, and received one opposition filed on August 10, 2020 by TikTok Information Technologies UK Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Mechanisms for coin-operated apparatus
Cash registers, calculating devices
Computers and computer peripheral devices
Audiovisual, optical, and detecting apparatus and instruments
Recorded and downloadable media
Computer software
Blank digital or analogue recording and storage media
Software applications
Security software
Utility, security and cryptography software
Facial recognition software
Voice recognition software
Image recognition software
Gesture recognition software
Biometric security systems
Electronic surveillance apparatus and instruments
Software applications for surveillance
Machine learning software for surveillance and security
Machine learning software for facial, voice, image and gesture recognition
Payment software
E-commerce and e-payment software
Apparatus and equipment for electronic payment processing
Downloadable application software
Mobile application software
Cloud servers
Cloud server software
Cloud computing software
Downloadable cloud computing software
Cloud network monitoring software
Retail software
Software applications for retail and wholesaling
E-commerce software platforms
Software for electronic business transactions via a global computer network
Telecommunication apparatus and equipment
Telecommunication devices
Telephone apparatus
Smart phones
Mobile phones
Tablet computers
Voice over internet protocol (VOIP) phones
Voice over internet protocol (VOIP) communication apparatus and devices
Instant messaging software
File sharing software
Software for telecommunications
Software for voice over internet protocol (VOIP)
Application software for voice over internet protocol (VOIP)
Software for video and audio communications
Application software for video and audio communications
Software for video and audio conference communications
Software for mobile devices
Software for telecommunication devices
Software platforms for mobile devices
Software for recording, transmitting, reproducing, and receiving sound, images or data over the internet
Application software for recording, transmitting, reproducing, and receiving sound, images or data over the internet
Software for recording, transmitting, reproducing, and receiving sound, images or data through mobile devices
Application software for recording, transmitting, reproducing, and receiving sound, images or data through mobile devices
Operating system software for mobile devices.
The mark was filed in class 38 with following description of goods:
Telecommunications
Voice over internet protocol (VOIP) services
Voice over internet protocol (VOIP) communication services
Computer aided transmission of messages and images
Information about telecommunication
Providing access to databases
Rental of access time to global computer networks
Providing online forums
Transmission of digital files
Teleconferencing and videoconferencing services
Video communication services
Audio communication services
Electronic messaging services
Instant messaging services
Provision of access to an online portal featuring instant messaging, VOIP, video and audio communication services
Provision of telecommunication access to VOIP services provided via the internet
Provision of access to telecommunications services provided via the internet
Internet communication services
Transmission of audio and video data via the internet
Advisory, consultancy and information services relating to all the aforementioned services.
The mark was filed in class 42 with following description of goods:
IT consultancy
Software consultancy
SAAS
SAAS for telecommunications
SAAS for VOIP services
Cloud computing services
Consultancy in the field of cloud computing
Design, development, and maintenance of software and software applications
Cloud computing
Design, development, maintenance and installation of computer software
Design, development, maintenance and installation of software applications
Design, development, maintenance and installation of VOIP software
Design, development, maintenance and installation of software applications for communication and telecommunications
Design, development, maintenance and installation of machine learning software for facial, voice, image and gesture recognition
Design, development, maintenance and installation of e-payment software
Providing non-downloadable computer software
Design, development, maintenance and installation of mobile application software
Design, development, maintenance and installation of cloud servers
Design, development, maintenance and installation of cloud computing software
Non-downloadable cloud computing software
Cloud network monitoring software
Design, development, maintenance and installation of retail software
Software engineering
Software research
Software development
Software customisation
Software rental
Computer software advisory services
Computer software consultancy
Hosting services
Software implementation services
Providing online non-downloadable software
Design, development, maintenance and installation of e-commerce software platforms
Technical consultancy
Research and testing of telecommunication apparatus, devices and equipment
Research and development in relation to voice over internet protocol (VOIP)
Design, development, maintenance and installation of software for instant messaging
Design, development, maintenance and installation of software for file sharing
Design, development, maintenance and installation of software for video and audio communications
Design, development, maintenance and installation of software for recording, transmitting, reproducing, and receiving sound, images or data over the internet
PAAS
PAAS featuring software platforms for recording, transmitting, reproducing, and receiving sound, images or data over the internet
PAAS featuring software platforms for voice over internet protocol (VOIP)
PAAS featuring software platforms for instant messaging
PAAS featuring software platforms for video and audio communications
Advisory, consultancy and information services relating to all the aforementioned services.