The trademark Loqa was filed by European-Clearing-Center GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 3, 2021, and received one opposition filed on August 2, 2021 by culture4life GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RICHARDT PATENTANWÄLTE PartG mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003151963 was rejected according to Article 8(1)(a) EUTMR with decision issued on December 11, 2022 by the EUIPO. The Appeal with reference B R0364/2023-5 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on December 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Mobile apps
Adaptive software
Application server software
Application simulation software
Software downloadable from the internet
Business intelligence software
Business process management [BPM] software
CMS software [Content management system]
Computer software, recorded
Data carriers for computers having software recorded thereon
Computer software for computer aided software engineering
Dashboard software
Data mining software
File server software
Database server software
Data management software
Computer programmes for data processing
Integrated software packages
Extranet software
Computer software platforms, recorded or downloadable
Software for commerce over a global communications network
Software for Automated Business Process Discovery (ABPD)
Data and file management and database software
Software for arranging online transactions
Software for the processing of business transactions
Electronic article surveillance [EAS] software
Enterprise content management [ECM] software
Content control software
Artificial intelligence software
Management information system [MIS] software
Market prediction software
Virtual server software
Predictive maintenance software
Hardware reliability software
Software for the integration of artificial intelligence and machine learning in the field of Big Data
Optical Mark Recognition [OMR] software
Software for searching and retrieving information across a computer network
Database synchronization software
Electronic databases recorded on computer media
Databases
Computer database servers
Volatile memories
Non-volatile memories
Interactive databases
All the aforesaid goods solely for use in retail, namely for displaying the product range of a retailer or the suppliers thereof, for individually determining or entering a person's height, for linking the product range and the person's height and for reserving and/or processing orders for goods in retail.
The mark was filed in class 35 with following description of goods:
Computerized file management
Database marketing
Computerized file management
Computerized file management
Compilation and systemization of information into computer databases
Administrative support and data processing services
Data processing, systematisation and management
All the aforesaid services solely for use in retail, namely for displaying the product range of a retailer or the suppliers thereof, for individually determining or entering a person's height, for linking the product range and the person's height and for reserving and/or processing orders for goods in retail.
The mark was filed in class 42 with following description of goods:
User authentication services using single sign-on technology for online software applications
Consultancy services relating to software used in the field of e-commerce
Computer programming and software design
Providing software on a global computer network
Consultancy and advice on computer software and hardware
Design and development of data retrieval software
Services for the design of electronic data processing software
Development, updating and maintenance of software and database systems
Software development, programming and implementation
Software development
Design and development of computer software for supply chain management
Design and development of electronic database software
Hosting services, software as a service, and rental of software
Installation of computer software
Software customisation services
Providing online non-downloadable software for use in supply chain management
Providing on-line non-downloadable software for database management
Programming of software for inventory management
Programming of software for e-commerce platforms
Computer software consultancy
Computer software technical support services
Rental of computer hardware and computer software
Rental of software for inventory management
Rental of software for data processing
Design of computer databases
Hosting computer sites [web sites]
IT services
Provision of data centre facilities
Rental of data centre facilities
All the aforesaid services solely for use in retail, namely for displaying the product range of a retailer or the suppliers thereof, for individually determining or entering a person's height, for linking the product range and the person's height and for reserving and/or processing orders for goods in retail.