The trademark DIGA App Store was filed by Gesundheits-Marktplatz GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 20, 2020, and received one opposition filed on October 20, 2020 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 20, 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:
Software
Downloadable computer software available via the Internet and wireless devices
Software for portable electronic devices
Wireless communication software for voice, audio, video, and data transmission
Computer software for use to connect and control internet of things (Iot) electronic devices
Software for mobile phones.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising and marketing services
Promotion services
Promoting the goods and services of others
Retail store services in relation to computer software provided via the internet and other computer and electronic communication networks
Retailing of computer software for use in mobile digital electronic devices and other consumer electronics
Retail store and online store services featuring computer, electronic and entertainment products provided via the Internet and other computer, electronic and communications networks.
The mark was filed in class 38 with following description of goods:
Communications services
Telecommunication services
Electronic transmission of computer software via the internet and other computer and electronic communication networks
Providing connectivity services and access to electronic communications networks for transmission and reception of computer software
Provision of on-line communications services
Provision of access to web pages
Transmission and distribution of data and audio-visual content via a global computer network or the Internet.
The mark was filed in class 42 with following description of goods:
Computer software design
Installation, maintenance, updating and repair of computer software
Preparation of data processing programmes
Assistance and consultancy for the development of computer systems, databases and applications
Information relating to computer hardware or software provided on-line from a global computer network or the Internet
Development of computer software application solutions
Software as a service [SaaS]
Platform as a service [PaaS] featuring computer software platforms for software for organising and processing consumer and client inquiries and answering thereof
Creation of websites
Providing search engines for obtaining data via communications networks
Cloud computing
Technical project management in the field of computer hardware, computer networks, computer software, document management
Technical consultancy in relation to computers, computer software, and security, authentication and archiving in the field of computer programs and computer networks
Information and advisory services relating to any of the aforesaid services.