The trademark Altostratus CLOUD CONSULTING was filed by ALTOSTRATUS SOLUTIONS, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 9, 2021, and received one opposition filed on September 1, 2021 by Stra, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Sousa Rodrigues, Pedro and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 16, 2022. Change of name and professional address of the trademark registration was recorded on July 7, 2022.
The Opposition with reference B 003154013 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications, downloadable
Downloadable mobile applications for the transmission of data
Cloud servers
Cloud network monitoring software
Portable telecommunications apparatus
Portable telecommunications apparatus
Computer software for creating dynamic websites
Website development software
Databases (electronic)
Data processors
Data recorded electronically
Data networks
Data communications software
Computer networking and data communications equipment
Computer programmes for data processing
Data communications hardware
Data collection apparatus
Software for the analysis of business data
Computer application software for mobile telephones
Interactive software
Computer software for wireless content delivery
Communication software
Computer software for application and database integration
Computer software for controlling and managing access server applications
Computer software to enhance the audio-visual capabilities of multimedia applications
Downloadable graphics for mobile phones
Computer digital maps
Wireless communications equipment and devices
Wireless local area network devices
Optical fibre sensors
Electronic sensors
Synchro sensors
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission and reproduction of sound or images
Magnetic data carriers, recording and optical discs
Coin change dispensers and mechanisms for coin-operated apparatus
Calculating machines
Data processing equipment and computers
Computer programs (recorded)
Computer and television screens, Computer keyboards, Mice (data processing equipment), CD-ROMs, Telephone apparatus, Transmitters and receivers of images and sound, telephone branch exchanges
Telephone apparatus
Telephone repeaters
Answering machines
Electronic publications (downloadable)
Electronic agendas
Intercommunication apparatus
Interfaces for computers
Games programmes
Electronic pens (visual display units)
Readers (data processing equipment)
Computer peripheral devices
Magnetic cards
Television apparatus
Coin-operated mechanisms for television sets
Modems
Downloadable ring tones for mobile phones
Teaching apparatus
Computer hardware
Microchips [computer hardware]
VPN [virtual private network] hardware
USB web keys for automatically launching pre-programmed website URLs
Downloadable digital music provided from MP3 Internet web sites
Data buffers
Interactive data transfer apparatus
Virtual reality software
Virtual reality glasses
Virtual reality hardware
Virtual reality headsets
Virtual reality game software
Interfaces for computers
Interfaces for computers
Computer programs for user interface design
Access interfaces for managed private circuit networks
Robotic electrical control apparatus
Interactive data transfer apparatus
Computer programmes for interactive television and for interactive games and/or quizzes
USB Dongles [Wireless network adapters]
Computer network routers.
The mark was filed in class 35 with following description of goods:
Arranging subscriptions to telecommunication services for others
Subscriptions (arranging -) to a telematics, telephone or computer service [internet]
Arranging subscriptions of the online publications of others
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Telephone marketing services (not selling)
Commercial or industrial management assistance, franchise-issuing in relation to business management assistance, business management and organisation consultancy, business appraisals, reports and investigations, business management assistance and consultancy, marketing studies, marketing research, commercial information agencies, and import-export agencies
Efficiency experts
Opinion polling
Conducting of internal business communication surveys
Book-keeping
Telephone answering for unavailable subscribers
Telephone answering for unavailable subscribers
Data search in computer files for others, computer file management, compilation and systemisation of information into computer databases
Services comprising the recording, transcription, composition, compilation and systematization of written communications and recordings, as well as the compilation of mathematical or statistical data
Advertising
Advertising agency services
Promotion, advertising and marketing of on-line websites
Advertising, marketing and promotional services
Consultations relating to business advertising
Advertising, including promotion relating to the sale of articles and services for third parties by the transmission of advertising material and the dissemination of advertising messages on computer networks
Provision of space on web-sites for advertising goods and services
Compilation of advertisements for use as web pages on the Internet
Promotional services provided by telephone
Promotional services provided by telephone
Consultations relating to business advertising
Modelling for advertising or sales promotion
Dissemination of advertising for others
Organization of exhibitions for commercial or advertising purposes
Organization of exhibitions for commercial or advertising purposes
Advertising business especially in the field of telematic and telephone networks
Rental of advertising space on the internet
Dissemination of advertising matter and rental of advertising space
Distribution of leaflets either directly or by post and distribution of samples
Online advertising services on a computer network
Transcription of communications [office functions]
Word processing
Organisation of trade fairs and exhibitions for commercial purposes
Compilation of statistics
Retailing in shops and via global computer networks of telephony goods, image and sound transmitters and receivers and data processing equipment and computers and recorded computer programs
Sales promotion for others
Demonstration of goods
Import, export and business representations relating to telephony goods, transmitters and receivers of images and sound and data processing equipment and computers and recorded computer programs
Presentation of goods on communications media, for the retailing of telephony goods, transmitters and receivers of images and sound and data processing equipment and computers and recorded computer software
Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes
Telephone order-taking services for others
Procurement services for others [purchasing goods and services for other businesses]
Talent agencies [management or employment]
Providing consumer product information relating to software
Tariff information and advisory services
The bringing together, for the benefit of others, of a variety of telecommunications services, enabling consumers to conveniently compare and purchase those services
Subscription to a television channel
Subscription to an information media package.
The mark was filed in class 36 with following description of goods:
Insurance services
Insurance agency
Insurance underwriting
Administration of insurance portfolios
Insurance plan administration services
Consulting and information concerning insurance
Insurance brokerage
Insurance investigations
Reinsurance
Reinsurance underwriting
Reinsurance brokerage services
Reinsurance consultancy
Provision of insurance services to reinsurance companies
Financial underwriting
Health insurance underwriting
Retirement payment services
Banking
Finance services
Electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet, electronic credit card transactions
Credit card and debit card services
Financial sponsorship
Real estate brokerage
Real estate evaluation
Real estate lending services
Information and consultancy relating to the aforesaid services provided online from a computer database or via a telecommunications network or the internet.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing user access to platforms on the Internet
Providing access to platforms and portals on the Internet
Telecommunication services provided via platforms and portals on the Internet and other media
Transmission of digital information
Electronic transmission of data and documents via computer terminals and electronic devices
Telecommunication of information (including web pages)
Webcasting services
Providing of wireless application protocol transmission services including those utilising secure communications channels
Broadband services
Communications consisting of providing multiple user access to a global computer data network (Internet/Intranet) for the transmission and dissemination of information, images or sound of all kinds
Interactive broadcasting and communications services
Routing and link-up for telecommunications
Communications by fibre optic networks
Communications by computer terminals
Computer aided transmission of messages and images
Satellite transmission, information about telecommunication
Telephone services
Mobile communications services
Providing access to an Internet portal
Mobile telecommunication network services
Fixed line telecommunication services
Transmission of messages by telephone and facsimile
Videoconferencing services
Recording, filtering and barring of calls
Chatroom services and operation of chatrooms
Providing internet chatrooms
Providing access to digital music web sites on the internet
Providing access to weblogs
Provision of electronic communication links
Electronic advertising (telecommunications)
Electronic messaging
Message sending and message transmittal services
Providing access to commercial transactions via electronic communications networks
Broadcasting and transmission of information via networks or the Internet
Providing telecommunication connections to the Internet or data bases
Broadcasting services
Services relating to the broadcasting of radio and television programmes
Subscription television broadcasting
Internet access services
Email and text messaging service
Services of a network provider, namely rental and handling of access time to data networks and databases, in particular the Internet
Operating of telecommunications equipment
Rental of telecommunication facilities
Providing telecommunication channels for teleshopping services
Providing communication services through the use of phone cards or debit cards
Interactive telecommunications services
Operation of telecommunications systems
Providing virtual facilities for real-time interaction among computer users
Communication via interactive voice response
Transmission of sound and vision via satellite or interactive multimedia networks
Interactive communications services by means of computer.
The mark was filed in class 41 with following description of goods:
Education services and provision of training
Organisational services and conducting, Relating to the following sectors: Colloquiums, Conferences, Congresses, Seminars and Electronic desktop publishing, in relation to the following services: Learning, Teaching, Social organisation, from an educational technology perspective
Provision of training courses and ,In particular, Training courses on new learning and development opportunities in the world of educational technology, and educational proposals enabling everyone to fully participate in the digital society
Provision of training courses, Teaching or Learning, All the aforesaid services making use of technology, Such as Computer applications, tooling or technological service for the following purposes: Improving learning (educational services)
Exhibitions (organization of -) for cultural or educational purposes
Information services relating to education, training, entertainment, sporting and cultural activities provided by means of telecommunication networks
Electronic publication of books and newspapers online, Editing of written texts, other than publicity texts
Lending library services
Organisation of cultural and sporting activities
Interactive entertainment servies
Arranging of contests
Teaching and Entertainment by IP-TV
Television production and television programming services provided by means of internet protocol technology
Production of live television programmes for education and entertainment, and By mobile telephony.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
Platform as a service [PaaS]
Infrastructure as a Service [IaaS]
Consultancy and information services relating to information technology architecture and infrastructure
Hosting platforms on the Internet
Creation of computing platforms for third parties
Programming of software for information platforms on the Internet
Updating of computer software relating to computer security and prevention of computer risks
Programming of EDP software
Programming of computer software for reading, transmitting and organising data
Design and development of software in the field of mobile applications
Rental of application software
Rental and maintenance of computer software
Installation of Access Control as a Service (ACaaS) software
Application service provider [ASP], namely, hosting computer software applications of others
Cloud computing
Consulting in the field of cloud computing networks and applications
Providing virtual computer systems through cloud computing
Programming of operating software for accessing and using a cloud computing network
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Computer programming services for electronic data security
Monitoring of computer systems for detecting unauthorized access or data breach
Development of technologies for the protection of electronic networks
Computer disaster recovery planning
Computer security services for protection against illegal network access
Electronic monitoring of personal identification information for detecting identity theft via the internet
Computer programming services for data warehousing
Data warehousing
Development of data bases
Data encryption services
Data migration services
Digital compression of computer data
Development of data programs
Data decryption services
Data security services [firewalls]
Technical data analysis services
Off-site data backup
Updating of software databases
Research relating to data processing
Data encryption and decoding services
Technical advisory services relating to data processing
Programming of software for importing and managing data
Computer programming for the internet
Industrial analysis and research services
Development of software solutions for internet providers and internet users
Providing temporary use of non-downloadable computer software for shipment processing over computer networks, intranets and the internet
Website design
Rental of web servers
Programming of web pages
Hosting the web sites of others on a computer server for a global computer network
Hosting websites on the Internet
Website development services
Compilation of web pages for the Internet
Maintenance of websites and hosting on-line web facilities for others
Providing temporary use of web-based applications
Hosting a website for the electronic storage of digital photographs and videos
Providing of information via websites relating to computer technology and programming
Computer rental
Computer system analysis
Information technology [IT] consultancy
Consultancy in the design and development of computer hardware
Computer software consultancy
Monitoring of computer systems by remote access
Quality control
Conversion of data or documents from physical to electronic media
Conversion of computer programs and data, other than physical conversion
Digitization of documents [scanning]
Computer system design
Industrial design
Duplication of computer programs
Conducting technical project studies
Server hosting
Installation of computer software
Scientific research
Technical research
Research and development of new products for others
Computer programming
Providing search engines for the internet
Consultancy in the field of computers
Computer hardware development
Advisory services relating to man-machine interfaces for computer software
Hosting of multimedia applications
Development of computer software application solutions
Hosting of computerized data, files, applications and information
Computer system monitoring services
Science and technology services
Technical research
Scientific services and design relating thereto
Technological services and design relating thereto