The trademark application DISTECO was filed by Aqotec GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on April 11, 2021, and it was registered by office on July 19, 2021 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by Disteco GmbH (represented by Stefan Lausegger) on August 17, 2023 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 23, 2022.
The Appeal with reference B R1766/2023-5 was EUTM cancelled according to Article 59(1)(b) EUTMR with decision issued on June 16, 2024 by the EUIPO. The Cancellation with reference B 000053098 was Cancellation rejected according to Article 59(1)(b) EUTMR with decision issued on June 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Devices for automated data transfer for the application of real time data in mobile or stationary units and the recording thereof.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer communication and Internet access
Automatic transfer of digital data using telecommunications channels
Communication network consultancy
Providing access to electronic communications networks and electronic databases
Data transmission
Data transmission for others
Electronic communications services
Secured data, sound and image transmission services
Value added network [communication] services.
The mark was filed in class 42 with following description of goods:
Design services
IT services
Testing, authentication and quality control
Control technology consulting services
Research limited to the application of real time data in mobile terminals and forwarding thereof via linked electronic data networks, including the option for feedback-sensitive data management processes.