The trademark CITAL was filed by Valenco GmbH, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on July 23, 2020, and received one opposition filed on October 8, 2020 by German Testing Board e.V. on Likelihood of confusion. the opponent was represented by MAS & P: MIESS ALTHERR SIBINGER UND PARTNER RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 8, 2020
The application was filed in German, and German 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:
Approach sensors
Application software for sensors or applications in the field of the IoT (Internet of Things)
Apparatus and installations (including components) for the recording, storage, transmission, distribution, receiving and reproduction of sound, images, data and signals
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Electronic databases recorded on computer media
Recorded content
Recorded media and downloadable media, Blank digital or analogue recording and storage media
Electronic publications downloadable from databases or the internet
Acceleration sensors
Recorded electronic, optical and magnetic data carriers of all kinds
Computers and computer peripherals
Computer hardware
Databases
Data accumulators, Namely hardware
Apparatus for the transmission of data
Data processing apparatus
Distance sensors
Pressure sensors
Flowmeters
Electric, electromechanical and electronic apparatus and components for the treatment and distribution of data signals (audio, video, radio, TV, and satellite, telephone, facsimile, internet, infrared) and distribution boxes, adapters, connector boxes, terminating cables, connectors, installation cables, fibre optic cables relating thereto
Electronic publications, downloadable
Liquid level sensors
Level sensors
Gas sensors
Apparatus for the input, storage, transmission and output of data
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Speed sensors
Infra red sensors
Force sensors
Optical sensors
Piezoelectric sensors
Position sensors
Calculating devices
Pollutant sensors
Sensors for timing
Sensors and detectors
Memory cards [computer hardware]
Temperature sensors
Ultrasound sensors
Vibration sensors
Data processing devices
Heat sensors
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
None of the aforesaid goods included in class 9 being computer programs and software for testing software and systems.
The mark was filed in class 35 with following description of goods:
Updating and maintenance of data in computer databases
Business management analysis and evaluation of data in computer databases
Professional business consultancy relating to the use of computer hardware and computer software for sensors or applications in the field of the IoT (Internet of Things), and of new media and the internet for and in companies
Data search in computer files for others
Data processing for others
Data processing by computer
Data processing services
Computerized file management
Services in connection with databases, namely compilation, organisation and systemisation of data
Business-related project management
Business management
Collating, systemisation and recording of data in databases
Business consultancy and advisory services
Business administration
Maintenance of databases, namely updating of content.
The mark was filed in class 38 with following description of goods:
Audio, video and data transmission via cable, satellite, computer networks, telephone networks and ISDN lines
Automatic transfer of digital data using telecommunications channels
Consultancy in the field of the electronic transmission of documents, images, data and information
Consultancy services relating to data communications
Providing access to databases
Providing access to computer networks, Internet platforms, databases and electronic publications
Providing of access to computer programs for sensors or applications in the field of the IoT (Internet of Things) in data networks
Providing access to data and information on the Internet
Providing remote access to data (telecommunications)
Data transmission
Data transmission
Electronic data exchange services
Supply and transmission of data, information, images and sound via global computer networks (the Internet)
Transmission of data from databases
Leasing of access time to a computer databases
Leasing access time to a computer database
Rental of access time to a database server.
The mark was filed in class 42 with following description of goods:
Back-up of electronic data for sensors or applications in the field of the IoT (Internet of Things)
Consultancy in the field of data security relating to sensors or applications in the field of the IoT (Internet of Things)
Consultancy in the field of software design relating to sensors or applications in the field of the IoT (Internet of Things)
Consultancy relating to sensors computer database programs for sensors or applications in the field of the IoT (Internet of Things)
Providing of computer programs for sensors or applications in the field of the IoT (Internet of Things) in data networks
Providing of software (software as a service, SaaS) for sensors or applications in the field of the IoT (Internet of Things)
Design of databases
Design, maintenance and updating of computer software for sensors or applications in the field of the IoT (Internet of Things)
Engineering services
Technical data analysis services
Electronic data storage of data for sensors or applications in the field of the IoT (Internet of Things)
Development of systems for data storage for sensors or applications in the field of the IoT (Internet of Things)
Development of systems for data transfer for sensors or applications in the field of the IoT (Internet of Things)
Development of systems for data processing for sensors or applications in the field of the IoT (Internet of Things)
Development, programming and rental of data processing programs for sensors or applications in the field of the IoT (Internet of Things)
Design and development of computer hardware, software and databases for sensors or applications in the field of the IoT (Internet of Things)
Design and development of databases for sensors or applications in the field of the IoT (Internet of Things)
Designing, development, maintenance and updating of data processing software for sensors or applications in the field of the IoT (Internet of Things)
Hosting of databases for sensors or applications in the field of the IoT (Internet of Things)
Industrial analysis and research services
Engineering in the mechanical sector
Installation of software for sensors or applications in the field of the IoT (Internet of Things)
Conversion of computer software for sensors or applications in the field of the IoT (Internet of Things)
Migration of data software for sensors or applications in the field of the IoT (Internet of Things)
Product development
Software engineering relating to software for sensors or applications in the field of the IoT (Internet of Things)
Technical project planning in the field of engineering
Rental of software for sensors or applications in the field of the IoT (Internet of Things) and data processing apparatus
Encryption and decryption of data for sensors or applications in the field of the IoT (Internet of Things)
Maintenance of database software for sensors or applications in the field of the IoT (Internet of Things)
Scientific and technological services and research and design relating thereto
Providing of technical information relating to the use of computers, Computer hardware, Computer software for sensors or applications in the field of the IoT (Internet of Things), computer databases and computer networks
Consultancy in the field of design, development and use of computer hardware and software for sensors or applications in the field of the IoT (Internet of Things)
Consultancy in the field of design and development of computer software architecture for sensors or applications in the field of the IoT (Internet of Things) and computer hardware
Providing of information relating to the design and development of computer hardware and computer software for sensors or applications in the field of the IoT (Internet of Things)
Design of computer hardware, computer software for sensors or applications in the field of the IoT (Internet of Things) and computer peripheral devices
Research in the field of computer hardware and computer software for sensors or applications in the field of the IoT (Internet of Things)
Custom design of computer hardware and computer software for sensors or applications in the field of the IoT (Internet of Things)
Technical consultancy relating to the design of computer hardware, computer software for sensors or applications in the field of the IoT (Internet of Things) and computer peripheral devices
Rental of computer hardware and software for sensors or applications in the field of the IoT (Internet of Things).