The trademark doma was filed by MARK Capital Management Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on July 5, 2021, and received one opposition filed on October 5, 2021 by ista Deutschland GmbH on Likelihood of confusion. the opponent was represented by Lindenberg, Frank K. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 5, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2022. Change of name and professional address of the trademark registration was recorded on August 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on June 4, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software relating to real estate and the sale and rental of properties
Mobile apps for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying in the field of real estate, the sale and rental of properties, and economics and data analysis
Downloadable applications for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying in the field of real estate, the sale and rental of properties, and economics and data analysis
Business application software for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying in the field of real estate, the sale and rental of properties, and economics and data analysis
Consumer data storage software in the field of real estate, apartment and residential rentals, apartment and residential sales, economics and data analysis, and consumer goods and consumer services
Computer software programs for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying in the field of real estate, the sale and rental of properties, and economics and data analysis
Downloadable software for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying in the field of real estate, the sale and rental of properties, and economics and data analysis
Computer software for searching, retrieving, viewing, organising, reviewing, valuing, booking, selling and buying relating to real estate and the sale and rental of properties
Recorded and downloadable media in the field of property and real estate: computer software in the field of property
Blank digital or analogue recording and storage media in the field of property
Computer memory devices in the field of property
Computer programs in the field of property
Downloadable computer programs in the field of property
Downloadable computer software applications in the field of property
Recorded or downloadable computer software platforms in the field of property
Downloadable electronic publications in the field of property
Downloadable mobile applications in the field of property
Mobile application software in the field of property
Mobile apps in the field of property
Software applications for mobile devices in the field of property
Computer software in the field of real estate
Downloadable computer programs in the field of real estate
Downloadable computer software applications in the field of real estate
Downloadable electronic publications in the field of real estate
Downloadable mobile applications in the field of real estate
Mobile application software in the field of real estate
Mobile apps in the field of real estate
Software applications for mobile devices in the field of real estate
Podcasts
Downloadable podcasts
Media content
Downloadable media
Parts and fittings for all the aforesaid goods
All aforementioned goods not in connection with the measuring, recording, transmission and billing of water consumption.
The mark was filed in class 35 with following description of goods:
Advertising of commercial or residential real estate
Advertising services relating to real property
Real estate marketing
Business project management
Management of business projects [for others]
Auctioneering of property
Office functions services
Administrative services relating to referrals for general building contractors
Business acquisitions
Business assistance relating to the formation of commercial undertakings
Business management services relating to the development of businesses
Business operation of shopping centers for others
Outsourcing services in the field of customer relationship management
Preparation of project studies relating to business matters
Auctioning of property
Business project management services for construction projects
Retail services in relation to construction equipment
Business management of apartments
Advertising services relating to investable assets
Arranging and conducting of real estate auctions
Real estate marketing analysis services
Not including the advertising or marketing of goods or services of others through the custom preparation of apparel, promotional items or incentive merchandise
Business management of retirement communities for others
Business management of residential communities for others
Operation of a business for others, namely, fitness and health clubs
Advice relating to the business operation of fitness clubs
Advice relating to the business operation of health clubs
Information, advisory and consultancy services relating to the aforesaid
All aforementioned services not in connection with the measuring, recording, transmission and billing of water consumption.
The mark was filed in class 36 with following description of goods:
Financial, monetary and banking services
Insurance services
Real estate affairs
Financial services relating to real property and buildings
Financial services relating to the acquisition of property
Financial services relating to the sale of property
Financial evaluation of real property
Financing of property development
Real estate services
Rental of properties
Arranging leases for the rental of property
Agency services for the leasing of real property
Management of property
Property investment
Property management
Leasing of commercial property
Property asset management services
Property portfolio management
Rental of commercial property
Consultancy relating to the financial valuation of intellectual property assets
Arranging finance for construction projects
Financing of development projects
Funding of product development
Financing of real estate development
Rental of apartments in an apartment community
Apartment house management
Real estate listing services for housing rentals and apartment rentals
Asset management
Asset management for third parties
Asset management services
Brokerage of equities
Brokerage of financial investments
Capital investment
Capital investment in real estate
Financial evaluation [real estate]
Financial management and investment services relating to securities and equities
Financial structuring services relating to joint ventures
Financial, investment and real estate asset management
Financing of real estate development projects
Investment advice
Investment analysis
Investment banking
Investment brokerage
Investment consultancy
Investment management
Investment management services in the field of acquiring joint ventures
Investment of funds
Investment portfolio management services
Investment services
Investment services relating to equities
Management of private equity funds
Portfolio management and investment services
Private equity financing
Private equity fund investment services
Private equity investment management
Project financing
Providing funding for joint ventures
Providing funding for the development of new technology
Providing real estate information
Providing real estate listings and real estate information via the Internet
Public equity financing
Public equity investment management
Raising of capital for joint ventures
Real estate acquisition services
Real estate appraisal
Real estate brokerage
Real estate consultation
Real estate evaluations
Real estate financing services
Real estate insurance brokerage
Real estate insurance consultancy
Real estate insurance information
Real estate investment
Real estate investment management
Real estate investment services
Real estate management
Real estate procurement for others
Venture capital advisory services
Administration of property portfolios
Acquisition of land to be let
Advisory services relating to real estate valuations
Apartment and office rentals
Arranging letting of real estate
Brokerage of real estate
Building leasing
Computerised information services relating to real estate
Property management services
Property (real estate -) investment
Provision of information relating to the property market [real estate]
Management services relating to real estate
Real estate and property management services
Electronic transfer of money
Valuation, appraisal, brokerage, listing, management, letting and leasing of real estate
Property management services of condominiums, apartment buildings, commercial property, residential property and rental property
Estate agencies
Real estate agencies
Estate property management agencies
Mortgage compliance consulting services concerning financial requirements for mortgages, mortgage financial planning services and mortgage refinancing
Financial administration services
Administration of financial affairs relating to real estate
Providing an interactive web portal featuring news, information and user generated content in the nature of information via online communications in the field of real estate
Accommodation bureau services [apartments]
Rental of apartments
Financial evaluation [insurance, banking, real estate]
Financial management
Real estate agency services
Rental of real estate
Rent collection
Financial operation of retirement communities for others
Financial management and advisory services relating to retirement communities for others
Financial operation of residential communities for others
Financial management and advisory services relating to residential communities for others
Tenant management services
Letting of apartments
Information, advisory and consultancy services relating to the aforesaid
All aforementioned services not in connection with the measuring, recording, transmission and billing of water consumption.
The mark was filed in class 38 with following description of goods:
Telecommunications services
Telecommunications
Telecommunication services
Advisory services relating to telecommunications
Telecommunication services for providing access to computer databases
Interactive telecommunicating services
Internet based telecommunication services
Interactive web portals
Operation of chat rooms
Provision of chat room services
Electronic mail services
Receiving and exchanging of information, text, sounds, images, data and messages
Message sending
Interactive web pages/services
Providing an online, interactive bulletin board for the transmission of messages among computer users concerning real estate and the sale and rental of properties via a global communications network
Information and advisory services relating to the aforesaid
Information and advisory services relating to the aforesaid services provided on-line from a computer database or the internet
Audio conferencing services
Communication services
Electronic mail
Video conference services
Television and radio broadcasting
Provision of access to an electronic marketplace [portal] on computer networks
Telecommunication services provided via platforms and portals on the internet and other media
Providing access to platforms and portals on the internet
Communication services between real estate agents, vendors of real estate, purchasers of real estate, lessors of real estate, lessees of real estate, lenders, mortgage brokers, borrowers, conveyancers, lawyers and other parties
Communication services for the purpose of e-commerce
E-mail and messaging services via a global computer network
The provision of access to real estate information and analysis over a global computer network or the internet
Provision of on-line portals and forums in relation to the sale of houses and real estate property
Information, advisory and consultancy services relating to the aforesaid
All aforementioned services not in connection with the measuring, recording, transmission and billing of water consumption.