The trademark matrix technology was filed by Matrix technology GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 4, 2021, and received one opposition filed on August 3, 2021 by TNS Group Holdings Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRISTOWS LLP and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 3, 2021
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 address of the trademark registration was recorded on July 5, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software for cloud computing services
Cloud servers
Cloud server software
Cloud computing software
Downloadable cloud computing software
Cloud network monitoring software
Software
Server-side software
File server software
Content management software
Web server software
Virtual server software
Digital solutions provider [DSP] software
Cloud network monitoring software
Computer programs for data management
File server software
Business intelligence software
Utility software, Security software and Cryptography software
None of the aforesaid in the provision of marketing or market research services or provided as marketing tools for the research, evaluation, measurement, analysis and implementation of sales and marketing data.
The mark was filed in class 35 with following description of goods:
Outsourcing services [business assistance]
Computerized file management
Computerized file management
Computerized file management
Computerized file management
Management of computer files
Business management of computer infrastructure for industrial or commercial companies (facilities management)
Consultancy in relation to the management of information systems for companies
Business consultancy relating to creation of information systems and information technologies
Consultancy relating to creation and management of information systems and information technologies
Consultations relating to business mergers
Business consultancy and information relating to commercial companies provided online via a computer database or the Internet
Business networking services
Conducting business research and surveys
Commercial information agency services
Procurement services for others [purchasing goods and services for other businesses]
Brokerage in the form of assistance in matters relating to business management and sales promotion, for others
Purchasing of computer hardware and computer software, for others
Rental of office machines and office equipment
Computerized file management
Project management in the fields of information systems design, specification, procurement, installations, and implementation
None of the aforesaid offered in relation to marketing or market research services or used as marketing tools for the research, understanding, measurement, analysis and implementation of sales and marketing data.
The mark was filed in class 37 with Installation, implementation, maintenance, and repair services with respect to computers, computer systems, computer networks and computer hardware.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing user access to global computer networks
Providing user access to computer programmes in data networks
Providing online forums
Establishing telecommunications connections
Communications by computer terminals and fibreoptic networks
Mail (electronic -)
Information about telecommunication
Telecommunications information services (including Web pages), telecommunications services provided using the Internet, electronic and computer mailing and messaging services
Transmission of sound, images and data
Providing access to information on the Internet
Providing access to global computer networks, in particular through telecommunications connections
Services providing information and news on the Internet
Database services, namely the transmission of data from a database
Providing access to data in electronic databases and on electronic storage media
Providing access by telecommunications and connections to a computer database or to the Internet
Formatting publications in electronic form by telecommunications
Providing access and leasing access time to a computer database
Transmission of information (texts, graphics, images, audiovisual and multimedia information, documents, databases, address files, glossaries and practical information)
Organisation of discussion forums.
The mark was filed in class 39 with Distributing course materials in connection with conducting courses, seminars, workshops, and classes in the fields of computer software development and implementation, computer software usage, business and business operations and Rental of spaces in computer centres for webservers for external use (webhousing)..
The mark was filed in class 41 with following description of goods:
Training, including by means of instruction with regard to computers, hardware and software
Education and Teaching
Conducting courses, seminars, workshops, and classes in the fields of computer software development and implementation, computer software usage, business, and business operations
Organisation and conducting of colloquiums, conferences, congresses, seminars and symposiums
Organization and holding of conferences in the field of companies and business management
Consultancy and information in the fields of education and training, provided online via a computer database or the Internet
Publication in electronic form of magzines and articles in the fields of computers and business management, provided on the Internet by all means
Vocational training services
Vocational guidance [education or training advice].
The mark was filed in class 42 with following description of goods:
IT services
IT services for data protection
Information technology services provided on an outsourcing basis
Consulting in the field of cloud computing networks and applications
Information technology security consulting
Consultancy in the field of IT security solutions
IT security, protection and restoration
Programming of Internet security programs
Design and development of Internet security programs
Provision of computer security risk management programs
Consultancy in the field of security software
Monitoring of computer systems for security purposes
Computer programming services for electronic data security
Provision of security services for computer networks, computer access and computerised transactions
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Providing virtual computer systems through cloud computing
Providing virtual computer environments through cloud computing
Cloud computing
Cloud hosting provider services
Cloud storage services for electronic files
Cloud storage services for electronic data
Design and development of operating software for accessing and using a cloud computing network
Programming of operating software for accessing and using a cloud computing network
Rental of operating software for accessing and using a cloud computing network
Software as a service [SaaS]
Consulting services in the field of software as a service [SaaS]
Platforms for artificial intelligence as software as a service [SaaS]
Hosting services, software as a service, and rental of software
Troubleshooting of computer hardware and software problems
Updating of memory banks of computer systems
Diagnosing computer hardware problems using software
Software development, programming and implementation
Development and testing of computing methods, algorithms and software
Providing temporary use of on-line non-downloadable software development tools
Consultancy and information services relating to information technology architecture and infrastructure
Computers services
Information technology consulting
Consultancy relating to information systems
Consulting in the areas of computers, computer systems and computer systems design
Providing information in the fields of information technology, computers, and computer systems
Providing database in the fields of business consulting, information technology, computers and computer systems
Consultancy relating to analysis of information systems and information technologies
Development of data processing strategies for businesses
Development of educational materials, in relation to the following fields: Software development and Computer software implementation, Use of computer software, companies and business operations
Computer programming, development and maintenance of computer programs
Development of computer codes and programming systems
Preparation of technical studies relating to the feasibility of IT solutions
Development of tender documents
Design and development of computer software and computer software packages
Updating of computer software and computer software packages
Computer systems design services for others
Creating, Servicing and Updating of orders, in relation to the following goods: data processing programmes
Software design for others
Computer site design
Installation, implementation, maintenance, and repair services with respect to computer software
Computer system analysis
Conversion of computer programs and data (other than physical alteration)
Consultancy, and development and rental in the field of computer installations and computer networking for software and hardware, including with regard to further development
Installation of computer programs on networks, and rental of computers
EDP consultancy with regard to computers, hardware and software
Software-controlled data input via cable, telecommunications and telephone network connections in computer systems for data networks, telephone installations and public telephone networks
Server administration
Security services for protection against illegal network access.