EUTM file information

018465422

June 8, 2021

Trademark Summary

The trademark was filed by Tradebyte Software GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 1, 2021, and received one opposition filed on October 28, 2021 by Tengelmann Warenhandelsgesellschaft KG on Likelihood of confusion. the opponent was represented by COHAUSZ & FLORACK PATENT- UND RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 28, 2021

The application was filed in German, and German was also language of all opposition proceedings (French was selected as the second language).

Goods And Services

  • The mark was filed in class 35 with following description of goods:
    1. Provision of information and advisory services relating to e-commerce
    2. Sales promotion for others
    3. Organisation of data in a file
    4. Business management assistance, in particular, Assistance in carrying out tasks that are necessary and helpful for the smooth running of online sales and online auctions
    5. Promoting the sale of the goods and services of others through online ordering and cataloguing of those goods and services
    6. Business management assistance
    7. Business management consultancy
    8. Price comparison services
    9. Business management consultancy, in particular Sales placement and management, organisation of internet sales
    10. Electronic stock management services
    11. Computerised stock management
    12. Updating and maintenance of data in computer databases
    13. Updating and maintenance of information in registries
    14. Computerized file management
    15. Data search in computer files for others
    16. Compilation of statistics
    17. Automated data processing
    18. Computerised data processing
    19. Consultancy relating to data processing
    20. Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
    21. Price feed processing
    22. Price feed management
    23. Bill presentment services
    24. Business management assistance related to conducting of business on computer e-commerce software platforms
    25. Compilation of information into computer databases
    26. Arranging of business introductions
    27. Arranging of commercial and business contacts
    28. Arranging of contracts, for others, for the buying and selling of goods or services
    29. Mediation and conclusion of commercial transactions for others
    30. Promoting the goods and services of others
    31. Sales promotion, for others, via online websites
    32. Assistance in the field of sales promotion
    33. Business administration assistance in the field of sales promotion
    34. Provision of an online marketplace for buyers and sellers of goods and services
    35. Presentation of companies and the goods or services thereof
    36. Gathering, tracking and management of customer orders, customer data and product data
    37. Provision of information concerning commercial sales
    38. Sales administration
    39. Computerized on-line ordering services
    40. Counselling on business matters
    41. Advisory services relating to sales promotion
    42. Advisory services relating to data processing
    43. Business management consulting services in the field of information technology.
  • The mark was filed in class 38 with following description of goods:
    1. Providing access to databases
    2. Electronic data interchange services
    3. Communications services for the exchange of data in electronic form
    4. Transmission of digital files
    5. Provision of access to an electronic marketplace [portal] on computer networks
    6. Providing access to e-commerce platforms on the Internet
    7. Providing access to an online marketplace.
  • The mark was filed in class 41 with following description of goods:
    1. Education and training consultancy
    2. Consultancy services relating to the development of training courses
    3. Consultancy and information services relating to arranging, conducting and organisation of workshops.
  • The mark was filed in class 42 with following description of goods:
    1. Design and development of computer hardware and software
    2. Database design and development
    3. Design and development of software applications
    4. Design and development of application programming interfaces
    5. Design and development of computer software and software development tools for use in developing further software and software applications in the field of e-commerce
    6. Providing temporary use of online, non-downloadable e-commerce software to allow users to transfer, upload, download and amend product information, data and images in online marketplaces via a global computer network
    7. Providing temporary use of online, non-downloadable e-commerce software to allow users to conduct electronic business transactions in online marketplaces via a global computer network
    8. Providing temporary use of online, non-downloadable e-commerce software to allow users to monitor and collect information, facilitate stock level management, product deliveries and product returns in online marketplaces via a global computer network
    9. Computer services, namely, acting as an application services provider in the field of knowledge management to host computer application software for searching and retrieving information from databases and computer networks and for creating searchable databases of information and data
    10. Analytical services relating to software, computer programs and data
    11. Updating and maintenance of computer software for others
    12. Software as a service [SaaS]
    13. Computer database consultancy services, namely provision of multimedia database, namely collecting, saving and making available of software, data, pictures, audio and video information
    14. Data migration services
    15. Electronic storage of images
    16. Hosting a website for the electronic storage of digital photographs and videos
    17. Consulting, advisory and information services relating to the aforesaid
    18. Computer system design
    19. Computer software consultancy
    20. Maintenance of computer software
    21. Updating of computer software
    22. Rental of computer software
    23. Industrial analysis and research services
    24. Computer software design
    25. Development of data bases
    26. Computer technology consultancy
    27. Information technology consulting
    28. Advice and development services relating to computer software
    29. Consultancy and information services relating to software rental
    30. Consultancy and information services relating to software maintenance
    31. Consultancy and information services relating to information technology architecture and infrastructure
    32. Consultancy services relating to software used in the field of e-commerce
    33. Consultancy services relating to computer programming
    34. Professional advisory services relating to computer software
    35. Technical consultancy in relation to computer hardware and computer software.