The trademark MerciFans was filed by APHRODITE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 25, 2020, and received one opposition filed on September 27, 2020 by August Storck KG on Unfair advantage /detriment to distinctiveness or repute. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2020
The application was filed in French, and French 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:
Computer software to enable uploading, downloading, accessing, posting, displaying, editing, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Software for processing images, graphics and text
Racks adapted to house audio apparatus
Audiovisual media via global communication networks
Computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information
Computer search engine software
Computer software for accessing, browsing and searching online databases
Computer software for personal information management, and data synchronization software.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Marketing research and business information
Promoting the goods and services of others via computer and communication networks
Online retail store services of digital media, namely pre-recorded music, videos, images, text and audiovisual works.
The mark was filed in class 38 with following description of goods:
Peer-to-peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users
Providing access to computer, electronic and online databases
Telecommunication services
Communication services, namely, electronic transmission of data and documents among users of computers
Electronic messaging
Message sending
Electronic transmission of images (Services for the -)
Audio broadcasting
Audio teleconferencing
Video broadcasting
Video telephone services
Telematic sending of information
Transmission of digital information
Providing access to online forums for communication on topics of general interest
Providing access to online discussion forums
Instant electronic messaging services
Electronic transmission of data
Dissemination of audio content
Text messaging services
Virtual chatrooms established via text messaging
Transmission of voice over IP
Providing access to online marketplaces for sellers of goods and/or services
Providing of access to online facilities for bringing sellers and buyers into contact
Providing of access to an online network service enabling users to transfer personal identity data to and share personal identity data with others and among multiple online facilities
Providing of access to online facilities featuring technology enabling online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online facilities
Providing of access to information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audiovisual information, on computer and communication networks
Providing of access to temporary use of non-downloadable computer software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data
Providing access to computer databases in the fields of social networking, social introduction and dating.
The mark was filed in class 41 with following description of goods:
Providing computer, electronic and online databases in the field of entertainment and in the fields of secondary, collegiate, social and community interest groups
Electronic publishing services for others
Entertainment services
Electronic magazines and blogs, offering user-generated or user-specified content (non-downloadable electronic publications)
Providing information about online computer games and video games via computer or communication networks.
The mark was filed in class 42 with following description of goods:
Computer services, namely creation of virtual communities with messaging
Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks
Application service provider (ASP) services, namely, hosting computer software applications of others
Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, modifying, sharing or otherwise providing electronic media or information over communication networks
IT services
Providing of access to search engines for obtaining data on a global computer networks
Providing of access to non-downloadable e-commerce software enabling users to perform electronic business transactions via a global computer and communication networks
Providing of access to online facilities enabling users to upload to a server, modify and share audio content, video content, photographic images, text, graphics and data.
The mark was filed in class 45 with Social introduction, networking and dating services.