The trademark SKYNET was filed by Nebulous Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on October 7, 2020, and received one opposition filed on January 4, 2021 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 4, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003138557 was refused according to Article 8(1)(b) EUTMR with decision issued on August 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for file storage, cloud storage, end-to-end encrypted and blockchain supported data storage, security and distributed database management
Downloadable software for uploading and transferring files for the purpose of storage, file back up and synchronization
Computer software for providing access to virtual currencies, digital currencies, cryptocurrencies and application tokens
Computer software to facilitate the transfer of virtual currency and the rental of extra hard drive space and to manage data integrated into a distributed cloud storage platform.
The mark was filed in class 42 with following description of goods:
Platform as a service (PAAS) featuring computer software platforms for managing blockchain and token driven, distributed storage computer systems
Software as a services (SAAS) featuring non-downloadable software to facilitate rental of unused hard drive space in exchange for payment in the form of a digital currency or virtual tokens on blockchain or distributed ledger technology to contribute to powering of a community-based cloud storage platform
Computer services, namely, providing a decentralized electronic file storage system
Computer services, namely, providing a decentralized electronic data and file storage platform being end-to-end encrypted and powered by blockchain and blockchain payments
Computer services, namely, providing electronic peer-to-peer data storage
Computer services, namely, providing open source decentralized cloud storage platform where anyone can sell their extra hard drive space for digital tokens
Distributed, electronic storage of electronic media, namely, data, documents, files, text, photos, images, graphics, music, audio, video, and multimedia content
Cloud storage, namely, electronic data storage, electronic storage of files and documents
File sharing services, namely, providing online facilities for others featuring technology enabling users to upload and download electronic files.