The trademark S was filed by Planen-bauen 4.0 Gesellschaft zur Digitalisierung des Planens, Bauens und Betreibens mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 23, 2022, and received one opposition filed on April 21, 2022 by Laudes Foundation on Likelihood of confusion. the opponent was represented by BALDER IP LAW, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 21, 2022
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 professional address of the trademark registration was recorded on November 10, 2021.
The Opposition with reference B 003168788 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Interface software for networking a variety of building software and/or programs for building construction
Computer software for use as an application programming interface [API] for networking a variety of building software and/or programs for building construction
Software for the building and construction industries
Civil engineering software
Computer software for architecture
Application simulation software for building construction
Collaborative software for collaboration in the field of building construction
Software for data processing in the field of building construction
Cooperation software platforms [software] for collaboration in the field of building construction
Computer-aided design [CAD] software in the field of building construction
Computer-aided technical engineering [CAE] software in the field of building construction
Digital solutions provider [DSP] software in the field of building construction
Building management software
Software for digital construction work data modelling
Software for the building and construction industries, Mobile applications for building construction
Logistics software in the field of building construction
Software for the planning and conducting of events and trade fairs
Software for billing of building services
Software for financial services based on blockchain and smart contracts technology in the field of building construction and the real estate industry
Artificial intelligence (AI) software for construction.
The mark was filed in class 35 with following description of goods:
Online advertisements, in relation to the following fields: Building construction
Online marketing, in relation to the following fields: Building construction
Dissemination of advertisements, for the benefit of others, in relation to the following fields:,Building construction
Marketing, in relation to the following fields: Building construction
Presentation of computer software, Presentation of software solutions, in relation to the following fields: Building construction, Via an internet platform
Providing of an online marketplace for buyers and sellers of software, Providing of an online marketplace for buyers and sellers of software solutions, in relation to the following fields: Building construction
Arranging of contracts for the purchase and sale of software and software solutions in the field of building construction
Retail services, in relation to the following goods: Software, Software solutions, in relation to the following fields: Building construction
Presentation of goods and services relating to digital solutions in the field of building construction and/or relating to IT products for the digitalisation of building construction via an internet platform
Providing of an online marketplace for buyers and sellers of goods, Providing of an online marketplace for buyers and sellers of services, Relating to digital solutions, in relation to the following fields: Building construction
Providing of an online marketplace for buyers and sellers of IT products for the digitalisation of building construction
Procuring of contracts for the purchase and sale of goods, Business brokerage relating to contracts for the purchase and sale of services, Relating to digital solutions, in relation to the following fields: Building construction
Mediation of contracts for purchase and sale, in relation to the following goods: IT products for the digitalisation of building construction
Retailing relating to goods for digitalisation in the field of building construction
Retailing relating to interface software for networking a variety of building software and/or programs for building construction, computer software for use as programming interfaces [API] for networking a variety of building software and/or programs for building construction, software for building construction, civil engineering software, architecture software, application simulation software for building construction, collaborative software for collaboration in the field of building construction, software for data processing in the field of building construction, cooperation software platforms [software] for collaboration in the field of building construction, computer-aided design software [CAD] in the field of building construction, computer-aided engineering software [CAE] in the field of building construction, digital solutions provider [DSP] software in the field of building construction, building management software, software for digital construction work data modelling, software and mobile applications for building construction, logistics software in the field of building construction, software for planning and conducting events and exhibitions, software for billing of building services, software for financial services based on blockchain and smart contracts technology in the field of building construction and real estate, artificial intelligence software in the field of building construction, data catalogues in the field of building construction
The bringing together, for the benefit of others, of a variety of IT, consultancy, management, architecture and engineering services in the field of digitalising building construction, enabling consumers to conveniently compare and purchase those services
Goods brokerage, Providing of services, Relating to digital solutions in the field of building construction
Arranging of IT products for the digitalisation of building construction
Intermediary services for computer software, Arranging of software solutions, in relation to the following fields: Building construction, Via an internet platform
Preparation of accounts, in relation to the following fields: Building construction
Providing of online goods and price comparison services relating to software and software solutions in the field of building construction and/or relating to digital solutions in the field of building construction and/or relating to IT products for the digitalisation of building construction
The bringing together, for the benefit of others, of a variety of software and a variety of software solutions in the field of building construction and/or digital solutions in the field of building construction and/or IT products for the digitalisation of building construction, enabling customers to conveniently view and purchase those goods and services
Service, in relation to the following fields: Preparation of accounts, in relation to the following fields: Building construction
Billing services, in relation to the following fields: Building construction, Real estate sector
Public relations services, in relation to the following fields: Building construction.
The mark was filed in class 36 with following description of goods:
Financial brokerage services, in relation to the following fields: building
Financial payment services, in relation to the following fields: building
Financial planning services relating to building projects
Arranging finance for construction projects
Financial management of building projects
Insurance underwriting and administration, Arranging and/or administration of guarantees, in relation to the following fields: building
Financial transactions via blockchain, in relation to the following fields: building, Real estate sector
Financial services in relation to digital currencies, in relation to the following fields: building, Real estate sector
Handling of payments, in relation to the following fields: building, Real estate affairs
Management of guarantees and insurances in the field of building construction and the real estate sector based on blockchain and smart contracts technology.
The mark was filed in class 37 with following description of goods:
Consultation in building construction supervision
Construction consultancy
Providing online information relating to building construction
Providing information relating to building construction
Construction project management services
Providing of information, Relating to the digitalisation of building construction
Consultancy in the field of building and construction
Building construction advisory services.
The mark was filed in class 41 with following description of goods:
EDP training in the field of software and IT products for building construction
Providing of training and training services in the field of software and IT products for building construction
Services for the provision of training in the use of computers In the field of software and IT products for building construction
Training relating to data processing techniques In the field of software and IT products for building construction
Training in the operation of computer programs, in relsation to the following fields: Construction
Conducting of training in the use and application of data processing programs for building construction
Providing on-line publications, in relsation to the following fields: Construction
Electronic text publishing services, in relsation to the following fields: Construction
Providing of information relating to further training via the internet in the field of building construction.
The mark was filed in class 42 with following description of goods:
Providing of an online platform for information exchange in the field of digitalisation of building construction and/or relating to digital solutions for building construction
Providing of an online platform featuring information relating to the digitalisation of building construction and/or relating to digital solutions for building construction
Providing of an e-commerce platform on the internet for the purchase, sale and rental of software and software solutions in the field of building construction and/or relating to digital solutions in the field of building construction and/or relating to IT products for the digitalisation of building construction
Providing of an online platform for the comparison of software and software solutions in the field of building construction and/or relating to digital solutions in the field of building construction and/or relating to IT products for the digitalisation of building construction
Rental of artificial intelligence software in the field of building construction being software as a service [SaaS]
Advisory services relating to building design
Consultancy for use of digital construction works models relating to the planning and implementation of building projects
Computer aided design services relating to building projects
Certification [quality control] in the field of building construction and/or relating to IT products for the digitalisation of building construction
Quality control, Certification, In relation to the following goods: Computer software, in the field of construction
Quality control, Certification, Relating to the following sectors: Goods, Services in relation to, in the field of construction
Quality testing and certification relating to computer software for the digitalisation of building construction
Quality testing and certification of digital construction works models
Consulting services in the field of software development, Consultancy in the field of quality improvement of software, in the field of construction
Consultancy in the field of software development and quality improvement of software for building construction
Development of software for building construction
Consultancy in the field of software design for building construction
Consultancy relating to computer networks using mixed software environments in the field of building construction
Technical support in the software sector relating to software for building construction
Maintenance and updating of software for building construction
Research relating to software for building construction
Development, Programming services, Implementation, In relation to the following goods: Software for building construction
Cloud hosting provider services, in the field of construction
Cloud storage services for electronic data, in the field of construction
Providing virtual computer systems through cloud computing, in the field of construction
Providing back-up computer programs and facilities, in the field of construction
Integration of computer software for building construction
Consultancy in the field of digital construction work data modelling
Blockchain as a Service [BaaS], in the field of construction
Certification of data via blockchain, in the field of construction
Data storage via blockchain, in the field of construction
IT services, in the field of construction, In the field of the digitalisation of building construction
IT consultancy, IT information, IT information services, in the field of construction
Information technology [IT] consultancy, in the field of construction
Advisory services relating to computer based information systems, in the field of construction
Technical consultancy services relating to civil engineering
Consulting services in the field of software as a service [SaaS], in the field of construction
Hosting of computer sites (websites), Software as a service [SaaS] and Rental of software in the field of construction
Providing of information relating to the digitalisation of building construction and/or relating to digital solutions for building construction and/or relating to digital construction work data modelling and/or relating to software for building construction
Providing of an online platform for research into compatible kinds of software and/or digital solutions for the planning and management of building projects
Providing of information relating to software for building construction.