The trademark DataGuard was filed by DataCo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 10, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on May 9, 2021 by PCS spol. s r.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Labalestra, Klára and its proceedings were handled in English The second opposition filed on May 6, 2021 by SNP Deutschland GmbH on Likelihood of confusion. the opponent was represented by LUTHER RECHTSANWALTSGESELLSCHAFT MBH and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 17, 2024.
The Opposition with reference B 003146136 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Privacy software
Application software for cloud computing services
Computer programs [downloadable software]
Recorded computer programs
Recorded content
Computer database servers
Testing and quality control devices
Computer software for testing vulnerability in computers and computer networks
Data protection backup units
Backup drives for computers.
The mark was filed in class 35 with following description of goods:
Administrative data processing
Computerized file management
Data management services
Computerised data verification
Data processing
Business organisation and management consultancy in the field of data protection and legal security
Business consultancy relating to the organisation of data protection
Professional business consultancy in the field of data protection
Organisational project management in the field of information security, IT security, IT risk management, IT consolidation, IT compliance, data protection.
The mark was filed in class 42 with following description of goods:
Design, development, programming and implementation of software
Software as a service [SaaS]
Consulting services in the field of software as a service [SaaS]
Cloud computing
Platform as a service [PaaS]
Chief information security officer (CISO) as a service
Information security management service (ISMS)
Providing virtual computer environments through cloud computing
Monitoring of computer systems for detecting unauthorized access or data breach
Online data storage
Electronic data storage
IT security, protection and restoration
Testing of electronic data processing systems
Technical consultancy relating to IT security, data protection and IT compliance
Quality assurance and conducting of quality controls in the field of data protection and data security
Services of a certification agency for data protection quality seals and data protection audits, namely accreditation and certification of expertise, included in class 42
Awarding of data protection quality seals.
The mark was filed in class 45 with following description of goods:
Licensing of databases
Consultancy in the field of data theft and identity theft
Legal advice in the field of data protection law and data security regulations
External data protection officer services, Namely legal assessment and inspection of electronic data processing processes and technical monitoring of network security
Legal examination and legal assessment of companies and freelance operations of all kinds relating to data protection law and technical data security
Providing legal data protection reports (legal reports).