The trademark UPDIVISION was filed by ANDREI IORDACHE, a national of Romania (the "Applicant") and EUGEN TUDORACHE, a national of Romania (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on July 27, 2021, and received one opposition filed on October 20, 2021 by Unión Papelera Merchanting, S.L. on Likelihood of confusion. the opponent was represented by DURÁN CUEVAS, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 20, 2021
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 3, 2022. Licences granted of the trademark registration was recorded on March 5, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Measuring, detecting, monitoring and controlling devices
Scientific and laboratory devices for treatment using electricity
Optical devices, enhancers and correctors
Navigation, guidance, tracking, targeting and map making devices
Safety, security, protection and signalling devices
Information technology and audio-visual, multimedia and photographic devices
Diving equipment
Magnets, magnetizers and demagnetizers
Recorded content
Signal cables for IT, AV and telecommunication
Audio/visual and photographic devices
Data storage devices and media
Data processing equipment and accessories (electrical and mechanical)
Communications equipment
Digital organizers
Data storage devices
Information technology and audiovisual equipment
Data collection apparatus
Storage apparatus for computer data
Calculators
Computers and computer hardware
Data retrieving devices
Data exchange units
Data processing equipment
Electronic data processing equipment
Data processing systems
Point-to-point communications equipment
Broadcasting equipment
Computer networking and data communications equipment
Databases
Media content
Electronic publications, downloadable
Electronic magazines
Software
Application software
Web application and server software
Computer programs, downloadable
Software and applications for mobile devices
Mobile apps.
The mark was filed in class 35 with following description of goods:
Management and administrative services
Human resources management and recruitment services
Administrative support and data processing services
Arranging of contracts for the purchase and sale of goods and services, for others
Arranging of commercial and business contacts
Retail services in relation to computer software
Retail services in relation to computer hardware
Wholesale services in relation to computer software
Wholesale services in relation to computer hardware
Advertising, marketing and promotional services
Provision and rental of advertising space, time and media
Product demonstrations and product display services
Advertising, marketing and promotional consultancy, advisory and assistance services
Loyalty, incentive and bonus program services
Public relations services
Trade show and commercial exhibition services
Retail services in relation to mobile apps
Wholesale services in relation to mobile apps
Retail services in relation to application software
Wholesale services in relation to application software
Retail services in relation to software
Wholesale services in relation to software
Outsourcing services [business assistance]
None of the aforementioned services is related to the trading of paper and cardboard, printed matter, bookbinding materials, photographs, stationery and office requisites (except furniture), adhesives for stationery or household purposes, drawing material and artists’ materials, paintbrushes, instructional and an teaching material, sheets, films and bags of plastic materials for wrapping and packaging, printing type, printing blocks, bookbinding machines, document laminators for office use, dyes, varnishes, packaging materials made of carboard, wrapping materials made of paper, bags, envelopes (stationery), paper envelopes for packaging, boxes of paper or cardboard, paper cutters (office requisites), stickers (stationery), filled toner cartridges (for printers and photocopiers), Bristol board, adhesive tapes, strips, bands and films, self-adhesive tapes for packaging, pliers, plastic bubble packs of packaging, adhesive tape dispensers for stationery or household purposes, plastic transparent film for packaging.
The mark was filed in class 42 with following description of goods:
IT services
Design services
Science and technology services
Testing, authentication and quality control
IT consultancy, advisory and information services
Software development, programming and implementation
Computer hardware development
IT security, protection and restoration
Data duplication and conversion services, data coding services
Hosting services, software as a service, and rental of software
Rental of computer hardware and facilities
Data security consultancy
Creation of computing platforms for third parties
Development of computer systems
Development of computer based networks
Development and testing of computing methods, algorithms and software
Digital watermarking
IT project management
Design and development of electronic database software
Design, creation and programming of web pages
Technological services relating to computers
Providing temporary use of web-based applications
Consulting services in the field of software as a service [SaaS]
Access Control as a Service (ACaaS)
Creating, maintaining and hosting the websites of others
Creating and maintaining websites for mobile phones
Design, creation, hosting and maintenance of websites for others
Providing online, non-downloadable software
Hosting of digital content
Hosting of Access Control as a Service (ACaaS) servers and software
Hosting computer sites [web sites]
Platform as a service [PaaS]
Application service provider services
Data back-up services
Software as a service [SaaS]
Data warehousing
Providing temporary use of web-based software
Providing temporary use of on-line non-downloadable software for database management
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of on-line non-downloadable software for web site development
Providing temporary use of on-line non-downloadable operating software for computer networks and servers
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Outsource service providers in the field of information technology.