The trademark able was filed by Sebastian Schöndorfer, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 7, 2021, and received one opposition filed on August 9, 2021 by Ableton AG on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 9, 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 August 13, 2023.
The application claimed as seniority of the Republic of Austria trademark 20667/2021 and filed on March 12, 2021 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software for mobile phones
Computer software to enable the provision of electronic media via the Internet
Application software for mobile devices
Computer software for use on handheld mobile digital electronic devices and other consumer electronics
Software downloadable from the internet
Software for arranging online transactions
Media development software
Downloadable mobile applications for the transmission of data
Software for operating an online shop
Downloadable software
Web content management [WCM] software
Computer programs for producing graphics for promotional purposes
Computer programs and software for image processing used for mobile phones
Downloadable educational media
Downloadable podcasts
Downloadable application software for smartphones
Communication, networking and social networking software
Downloadable graphics for mobile phones
Computer software for the display of digital media
Printing fonts that can be downloaded provided by means of electronic transmission
Downloadable graphic design templates
Downloadable sound recordings
Educational mobile applications
Downloadable mobile applications for the transmission of information
Downloadable computer utility programs
Computer programs for using the internet and the worldwide web
Web application and server software
Software related to handheld digital electronic devices
Computer programs, downloadable
Educational tablet applications
Software for mobile phones
Software for embedding online advertising on websites
Mobile software
Downloadable computer software for the transmission of data
Downloadable electronic newsletters
Desktop publishing software
Downloadable templates for designing audiovisual presentations
Digital recordings
Downloadable media
Computer software for advertising
Downloadable digital photos
Downloadable computer software for the management of data
Downloadable computer software for the transmission of information
Downloadable publications
Downloadable ring tones for mobile phones
Downloadable video recordings
Computer software to enable the provision of information via the Internet
Computer software for processing digital images
Downloadable applications for use with mobile devices
Computer software for mobile phones
Mobile apps
Downloadable software applications
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Media software
Downloadable video recordings featuring music
Downloadable computer software for the management of information
Downloadable electronic brochures
Computer software downloaded from the internet
Augmented reality software for use in mobile devices
Downloadable mobile applications for use with wearable computer devices
Computer programmes stored in digital form
Computer software downloadable from global computer networks
Computer application software for mobile telephones
Computer programs for accessing, browsing and searching online databases
Computer software for use in creating and designing websites
Computer software for creating dynamic websites
Web server software
Downloadable multimedia files
Downloadable computer utility software
Downloadable emoticons for mobile phones
Software and applications for mobile devices
Website development software
Web application software
Software for tablet computers
Digital solutions provider [DSP] software
Software for processing digital images
Computer whiteboard software
Machine learning software for advertising
Computer software for organizing and viewing digital images and photographs
Downloadable computer software for use as an application programming interface (API)
Downloadable mobile applications for the management of data
Downloadable mobile applications for the management of information
Computer software applications, downloadable
Software for processing images, graphics and text
Software for processing images, graphics, audio, video and text
Computer application software for streaming audio-visual media content via the internet
Downloadable computer graphics
Downloadable email software
Downloadable educational course materials
Graphic art software
Software for designing online advertising on websites
Computer software to enable the provision of electronic media via communications networks
All the aforesaid goods for use relating to developing, conceptualising, designing and implementing user interfaces, user/customer experiences and brand/corporate designs
None of the aforesaid goods for use relating to software for corporate management, business management or business administration
All the aforesaid goods solely in the field of agency services focusing on production and distribution in the field of corporate identity, in particular corporate design and corporate branding, digital goods and processes, in particular websites and software applications, online marketing, and none being in the field of the music industry and music software.
The mark was filed in class 35 with following description of goods:
On-line data processing services
Digital advertising services
Development and implementation of marketing strategies for others
Advertising, promotional and public relations services
Advertising services relating to data bases
Consultancy regarding public relations communication strategies
Promotional management of celebrities
Design of advertising flyers
Analysis of marketing trends
Marketing
Displaying advertisements for others
Advertising of business web sites
Compilation of advertisements for use on the internet
Marketing services in the field of web site traffic optimization
Promotional marketing
Compilation of advertisements for use as web pages on the Internet
Publication of publicity materials on-line
Business information
Promotion [advertising] of travel
Advertising and marketing services provided by means of social media
Advertisement for others on the Internet
Compilation of statistics relating to advertising
Collection of information relating to advertising
Compilation of directories for publication on the internet
Online advertising on a computer network
Consultancy relating to the organisation of promotional campaigns for business
Digital marketing
Advertising services to create corporate and brand identity
Promotion of fairs for trade purposes
Planning of marketing strategies
Advertising the goods and services of online vendors via a searchable online guide
Demonstration of goods for promotional purposes
Analysis of advertising response
Providing searchable online advertising guides
Organisation, operation and supervision of customer loyalty schemes
Production of advertising matter and commercials
Advertising for others
Advertising services relating to the sale of motor vehicles
Promotion [advertising] of business
Compilation of business directories for publishing on the Internet
Advertising services relating to the travel industries
Dissemination of advertising for others via the Internet
Updating of advertising material
Advertising in periodicals, brochures and newspapers
Business advice relating to strategic marketing
Advertising agency services
Provision of information relating to marketing
Preparation and realization of media and advertising plans and concepts
Advice in the field of business management and marketing
Production of advertising films
Compilation of advertisements
Exhibitions (Conducting -) for advertising purposes
Compilation of directories for publication on the internet
Arranging of displays for advertising purposes
Publicity and sales promotion services
Advertising and marketing services provided by means of blogging
Production of advertising material
Arranging of demonstrations for advertising purposes
Assistance to management in commercial enterprises in respect of advertising
Sales promotion using audiovisual media
Advertising services relating to financial investment
Promoting the sale of fashion goods through promotional articles in magazines
Advertising services relating to newspapers
Consulting services in the field of Internet marketing
Advertising
Marketing plan development
Brand positioning services
Writing of publicity texts
Compilation of directories for publishing on global computer networks or the internet
Preparation of advertising material
Customer loyalty services for commercial, promotional and/or advertising purposes
Design of advertising brochures
Placement of design staff
Preparation of trade publicity texts
Graphic advertising services
Marketing agency services
Advertising of commercial or residential real estate
Provision of computerised advertising services
Advertising agency services
Personnel recruitment advertising
Advertising and promotion services and related consulting
Production of sound recordings for advertising purposes
Media relations services
Research services relating to advertising
Business management consultancy via the Internet
Publicity and sales promotion services
Web site traffic optimization
Compilation of advertisements for use as web pages on the Internet
Marketing advice
Marketing advice
Provision of business and commercial contact information via the Internet
Production of video recordings for advertising purposes
Advertising services provided via the internet
Advertising services provided for florists
Advertising services relating to books
Advertising services provided via a data base
On-line promotion of computer networks and websites
Providing consumer product information via the Internet
Publicity and sales promotion services
Promotional marketing services using audiovisual media
Advertising
Dissemination of advertising via online communications networks
Promotion [advertising] of concerts
Market research for advertising
Personnel management of marketing personnel
Consultancy regarding advertising communication strategies
Design of advertising logos
Preparation and presentation of audio visual displays for advertising purposes
Promotion of musical concerts
Advice relating to marketing management
Administration of contests for advertising purpose
Advertising, including on-line advertising on a computer network
Consultations relating to business advertising
Business promotion services provided by audio/visual means
Consultations relating to business advertising
Prize draws (Organising of -) for promotional purposes
Production of advertising films
Promoting services for baseball game
Online advertisements
Online advertising network matching services for connecting advertisers to websites
Preparation of publicity documents
Dissemination of advertising for others via an on-line communications network on the internet
Providing business information via a web site
Advertising services relating to hotels
Development of marketing concepts
Presentation of companies and their goods and services on the Internet
Provision of space on web-sites for advertising goods and services
Preparation of publicity leaflets
Advertising services to promote the sale of beverages
Advisory services relating to publicity for franchisees
Advertising of the goods of other vendors, enabling customers to conveniently view and compare the goods of those vendors
Advertising services relating to the sale of motor vehicles
Advertising services for the literary industry
Marketing the goods and services of others
Consultancy regarding advertising communication strategies
Consultations relating to business promotion
Editing of publicity texts
Promoting the goods and services of others over the Internet
Preparation of custom advertisements for others
Advertising
Promotional advertising relating to philosophical instruction
Arranging of demonstrations for advertising purposes
Promoting the sale of goods and services of others through promotional events
Direct marketing
Recruitment services for sales and marketing personnel
Mediation of advertising
Provision of marketing advisory services for manufacturers
Advertising and marketing
Provision of commercial and business contact information
Organisation of promotions using audiovisual media
Compilation of online business directories
Publication of printed matter for advertising purposes
Advertisement and publicity services by television, radio, mail
Advertising services relating to the recruitment of personnel
Computerised business promotion
Advertising in the popular and professional press
Loyalty scheme services
Promotion, advertising and marketing of on-line websites
Professional consultancy relating to marketing
Layout services for advertising purposes
Advertising of cinemas
Compiling indexes of information for commercial or advertising purposes
Brand creation services (advertising and promotion)
Provision of space on web-sites for advertising goods and services
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Compilation of advertisements for use as web pages on the Internet
Marketing assistance
Online advertising on a computer network
Publication of advertising literature
Advertising through all public communication means
Promotional advertising relating to philosophical instruction
Promoting the sale of the services [on behalf of others] by arranging advertisements
Copywriting
Advertising services relating to the commercialization of new products
Consultancy relating to advertising
Internet marketing
Providing business information in the field of social media
Updating of advertising information on a computer data base
Advertising services relating to public works
Advertising services provided via the internet
Advertising relating to transport and delivery
Promotion of goods and services through sponsorship of sports events
Prize draws (Organising of -) for promotional purposes
Advertising services relating to the sale of goods
Preparation of advertisements
Advertising research
Promoting the goods and services of others through advertisements on Internet websites
Production of advertising material
Advertising in the field of tourism and travel
Window dressing services for advertising purposes
Arranging and conducting of promotional events
Advertising, marketing and promotional consultancy, advisory and assistance services
Preparing audio-visual presentations for use in advertising
Publicity and sales promotion services
Advertising and marketing services provided via communications channels
Business advertising services relating to franchising
Promoting the artwork of others by means of providing online portfolios via a website
Arranging and conducting of advertising events
Preparation of publicity publications
Marketing consulting
Advertising automobiles for sale by means of the Internet
Arranging of presentations for advertising purposes
Analysis of advertising response and market research
Production of sound recordings for advertising purposes
Administration of competitions for advertising purposes
Advertising services relating to the motor vehicle industry
Marketing advice
Creative marketing plan development services
Online community management services
Production of visual advertising matter
Promotion of insurance services, on behalf of third parties
Arranging of exhibitions for advertising purposes
Preparation of advertising campaigns
Providing marketing information via websites
Advertising via electronic media and specifically the internet
Political advertising services
Information services relating to advertising
Presentation of companies on the Internet and other media
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
Intermediary services relating to advertising
Advertising services relating to the sale of personal property
Consulting services in the field of development of advertising concepts
Marketing advice
On-line advertising and marketing services
Design of advertising materials
Advertising services for architects
Arranging of displays for commercial purposes
Media relations services
Evaluating the impact of advertising on audiences
Publication of printed matter for advertising purposes
Publicity personnel management services
Copywriting for advertising and promotional purposes
Development of marketing strategies and concepts
Advertising
Advertising services relating to the provision of business
Issuing and updating of advertising texts
Development of advertising concepts
Analysis of the public awareness of advertising
Publicity and sales promotion services
Post-production editing of advertising or commercials
Marketing consulting
Advertising and marketing
Compilation of advertisements for use as web pages on the Internet
Promoting the designs of others by means of providing online portfolios via a website
Advertising services relating to clothing
Demonstration of goods
Consultancy relating to advertising and promotion services
Promotional management for sports personalities
Publicity and sales promotion services
Advertising services for the promotion of beverages
Advertising services relating to the transport industries
Advertising services for the promotion of e-commerce
Promotion of special events
Providing marketing consulting in the field of social media
Dissemination of advertisements via the Internet
Arranging of competitions for advertising purposes
Publication of publicity materials and texts
Provision of space on web-sites for advertising goods and services
Preparation of audio and/or visual displays for businesses
Pay per click advertising
Provision of information relating to advertising
Agency services for promoting sports personalities
Online advertising on a computer network
Advertising and marketing consultancy
Publication of publicity texts
Publication of publicity texts
Publication of publicity materials
Planning services for advertising
Consultations relating to business advertising
Advertising
Marketing services provided by means of digital networks
Cinema advertising
Providing information via the Internet relating to the sale of automobiles
Dissemination of advertising matter by mail
Dissemination of data relating to advertising
Developing promotional campaigns for business
Advertising, marketing and promotional services
Advertising particularly services for the promotion of goods
Publicity and sales promotion services
Business advice relating to marketing
Presentation of goods on communication media, for retail purposes
Consultancy services relating to advertising, publicity and marketing
Market campaigns
Preparation of advertising material
Consultancy regarding public relations communication strategies
Business promotion
Providing an on-line commercial information directory on the internet
Web indexing for commercial or advertising purposes
Advertising services relating to pharmaceutical products
Business information services provided on-line from a computer database or the internet
Preparation and presentation of audio visual displays for advertising purposes
Advertising services for promoting the brokerage of stocks and other securities
Distribution of samples for publicity purposes
Preparation of marketing plans
Advertising analysis
Advertising services relating to real property
Advertising services relating to the marine and maritime industry
Advertising services relating to financial services
Production of video recordings for advertising purposes
Advertising by transmission of on-line publicity for third parties through electronic communications networks
All the aforesaid services solely in the field of agency services focusing on production and distribution in the field of corporate identity, in particular corporate design and corporate branding, digital goods and processes, in particular websites and software applications, online marketing, and none being in the field of the music industry and music software.
The mark was filed in class 41 with following description of goods:
Providing entertainment in the nature of film clips via a website
Education services relating to design
Internet games (non-downloadable)
Editing of printed matter containing pictures, other than for advertising purposes
Publishing of web magazines
Electronic publication of texts and printed matter, other than publicity texts, on the Internet
Education services relating to design
Provision of online tutorials
Training in the design of computer programs
Electronic desktop publishing
Providing video entertainment via a website
Providing on-line information and news in the field of employment training
Providing on-line non-downloadable images
Providing online videos, not downloadable
Online interactive entertainment
Organisation of Webinars
Training in the design of software systems
Training services relating to computer-aided design
Arranging of conferences relating to advertising
Providing of information relating to continuing education via the Internet
Provision of online information relating to audio and visual media
Instruction in the design of computers
Publication of texts and images, including in electronic form, except for advertising purposes
Consultancy services in the field of entertainment provided via the Internet
Providing information about online education
Distance learning services provided online
Information relating to entertainment, provided on-line from a computer database or the internet
Training services relating to design
Services for arranging teaching programmes
Layout services, other than for advertising purposes
Providing on-line non-downloadable pictures
Training in the field of design
Provision of on-line entertainment
Provision of information relating to entertainment online from a computer database of the Internet
Publication of printed matter in electronic form on the Internet
Digital video, audio and multimedia entertainment publishing services
Training courses in strategic planning relating to advertising, promotion, marketing and business
Provision of education on-line from a computer database or via the internet or extranets
Providing on-line publications
Arranging of seminars relating to advertising
Publication of the editorial content of sites accessible via a global computer network
Conducting of competitions on the Internet
Entertainment services provided on-line from a computer database or the internet
Publication of printed matter, other than publicity texts, in electronic form
Providing sports entertainment via a website
Photographic composition for others
Publication of multimedia material online
Provision of entertainment information by electronic means
Information relating to education, provided on-line from a computer database or the internet
Providing online electronic publications, not downloadable
Providing on-line non-downloadable general feature magazines
Provision of online training
Organisation of training courses relating to design
Providing publications from a global computer network or the internet which may be browsed
Provision of audio and visual media via communications networks
Providing online training seminars
Information relating to education, provided on-line from a computer database or the internet
Publication of electronic books and periodicals on the Internet
Providing online courses of instruction
Training in the field of advertising
Providing multi-media entertainment via a website
Educational courses relating to design
Publication of material which can be accessed from databases or from the internet
Provision of entertainment information via the Internet
Publication of texts in the form of electronic media
All the aforesaid services solely in the field of agency services focusing on production and distribution in the field of corporate identity, in particular corporate design and corporate branding, digital goods and processes, in particular websites and software applications, online marketing, and none being in the field of the music industry and music software.
The mark was filed in class 42 with following description of goods:
Database design and development
Design services for exhibitions
Consultancy relating to the design of packaging
Designing of packaging and wrapping materials
Design services for computer programs
Services for the design of business premises
Providing online, non-downloadable software
Updating Internet pages
Creating, maintaining, and modernizing computer software
Platforms for graphic design as software as a service [SaaS]
Creating and maintaining web sites for others
Design and writing of computer software
Engineering consultancy relating to design
Design of home pages
Graphic design of promotional materials
Programming of software for Internet platforms
Computer website design
Planning, design, development and maintenance of online websites for third parties
Creating and maintaining websites for cellular phones
Art work design
Providing temporary use of on-line non-downloadable software
Design and graphic arts design for the creation of web sites
Illustration services (design)
Design of software for multimedia data storing and recalling
Design of signs
Providing temporary use of on-line non-downloadable software for the management of data
Website development services
Creation of internet web sites
Development, design and updating of home pages
Computer graphics design services
Design of typefaces
Graphic arts design
Animation design for others
Programming of web pages
Rendering of computer graphics (digital imaging services)
Graphic design
Research, development, design and upgrading of computer software
Design of graphic software systems
Providing online non-downloadable software for word processing
Design and construction of homepages and websites
Design services relating to the reproduction of documents
Providing online non-downloadable software for use in communication
Design services relating to shop displays
Providing temporary use of on-line non-downloadable software for the management of information
Graphic design for the compilation of web pages on the internet
Providing temporary use of on-line non-downloadable software for the transmission of information
Building and maintaining websites
Commissioned writing of computer programs, software and code for the creation of web pages on the Internet
Design of logos for corporate identity
Design of information systems relating to management
Animation and special-effects design for others
Designing and developing webpages on the internet
Programming of software for online advertising
Homepage and webpage design
Web site design consultancy
Preparation of reports relating to graphic arts design
Computer aided graphic design
Consultancy relating to the design of home pages and Internet sites
Programming of software for inventory management
Managing the web sites of others
Development of computer programs
Design of driver software
Design and graphic arts design for the creation of web pages on the Internet
Design of web pages
Design planning
Providing temporary use of on-line non-downloadable software for web site development
Creating and designing web pages for others
Design of computer databases
Smartphone software design
Creating and maintaining computer sites (web sites) for others
Creating electronically stored web pages for online services and the internet
Programming of software for e-commerce platforms
Providing temporary use of on-line non-downloadable software for database management
Web portal design
Computer aided design services
Design, maintenance and up-dating of computer software
Providing temporary use of non-downloadable interactive entertainment software
Computer design and programming services
Brochure design
Providing on-line non-downloadable software for database management
Providing temporary use of non downloadable computer software for use in the creation andpublication of on-line journals and blogs
Designing and implementing network web pages for others
Providing information in the field of interior design via a website
Creating and designing website-based indexes of information for others [information technology services]
Visual design
Design and development of homepages and websites
Programming of software for website development
Software development, programming and implementation
Providing temporary use of web-based software
Business card design
Computer software design
Graphic design of advertising logos
Design and creation of web sites for others
Design of shops
Design of graphics and of livery for corporate identity
Providing temporary use of on-line non-downloadable software for the transmission of data
Programming of EDP software
Maintenance of websites and hosting on-line web facilities for others
Design and development of operating system software
Providing information about the design and development of computer software
Graphic illustration design
Custom design of software packages
Programming of educational software
Providing temporary use of on-line non-downloadable software for importing and managing data
Design and updating of home pages and web pages
Website design
Website development for others
Consultancy relating to the creation and design of websites
Design of virtual reality software
Providing temporary use of non-downloadable business software
Design, development and programming of computer software
Creating web pages for others
Design and development of software in the field of mobile applications
Programming of customized web pages
Design of homepages and websites
Creating, designing and maintaining web sites
Computer programming for data processing and communication systems
Design of software for processing and distribution of multimedia contents
Providing temporary use of online non-downloadable software for word processing
Design and creation of homepages and Internet pages
Design and development of driver software
Design and development of data retrieval software
Design services in relation to restaurants
Design, creation and programming of web pages
Programming of software for information platforms on the Internet
Customized design of computer software
Research relating to design
Design and development of software for website development
Providing temporary use of non-downloadable software applications accessible via a web site
Designing and implementing web sites for others
Advisory services relating to computer software used for graphics
Design and creation of homepages and web pages
Consultancy and information services relating to the design, programming and maintenance of computer software
Consultancy relating to the design of homepages and Internet pages
Custom design services
Programming of computer software for evaluation and calculation of data
Design services relating to the publication of documents
Updating websites for others
Brand design services
Commercial design services
Design of business premises for the tyre trade
Search engine design services
Computer-aided design of video graphics
Providing information in the field of architectural design via a website
Design of operating system software
Creating and maintaining customized web pages
Installation of Internet access software
Consultancy relating to the design and development of computer programs
Maintenance of websites
Consultancy relating to the creation of homepages and Internet pages
Website usability testing services
Installation and maintenance of Internet access software
Consultancy relating to the creation and design of websites for e-commerce
Computer software design and updating
Design and development of data processing systems
Design and development of data processing software
Software design for others
Programming of computer animations
Digitization of documents
Creating and maintaining websites
Advisory and consultancy services relating to computer hardware
Creating of computer programs
Computer software consultancy
Providing information on computer technology and programming via a web site
Design of printed material
Providing temporary use of non downloadable computer software
Constructing an internet platform for electronic commerce
Design and development of image processing software
Design services
Programming of multimedia applications
Programming of software for Internet portals, chatrooms, chat lines and Internet forums
Shop interior design
Compilation of web pages for the Internet
Web site design and creation services
Design and maintenance of web sites for others
Creating of home pages for computer networks
Design of exhibition stands
Providing temporary use of non-downloadable software
Digital asset management
Shopfitting design consultancy services
Consultancy and advice on computer software and hardware
Internet web site design services
Installing web pages on the internet for others
Creating and maintaining websites for mobile phones
Software design and development
Design of brand names
Commercial art design
Draughtsman's services
Designing websites for advertising purposes
Design and creating web sites for others
All the aforesaid services for use relating to developing, conceptualising, designing and implementing user interfaces, user/customer experiences and brand/corporate designs
None of the aforesaid services for use relating to software for corporate management, business management or business administration
All the aforesaid services solely in the field of agency services focusing on production and distribution in the field of corporate identity, in particular corporate design and corporate branding, digital goods and processes, in particular websites and software applications, online marketing, and none being in the field of the music industry and music software.