The trademark A was filed by MC Spear B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 18, 2021, and received one opposition filed on December 8, 2021 by Allplan GmbH on Likelihood of confusion. the opponent was represented by act AC TISCHENDORF RECHTSANWÄLTE PARTNERSCHAFT mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 8, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable applications for use with mobile devices
Computer software applications, downloadable
Software and applications for mobile devices
Mobile apps
Software for mobile phones
Mobile software
Application development software
Software
Blog software
Computer software platforms
Application software
Software suites
Downloadable software
Data communications software
Interactive software
Data management software
Content access software
Content management software
Multimedia software
Integrated software packages
Software
Downloadable software applications
Interfaces for computers
Cloud computing software
Software
Website development software
Unified communications software
Computer programmes for image processing
Computer software downloaded from the Internet
Computer software for creating searchable databases of information and data
Computer software for scanning images and documents
Sensory software
Computer operating system software
Computer programs for network management
Financial management software
CMS software [Content management system]
Business intelligence software
Artificial intelligence software
Computer software for database management
Electronic databases
Interactive databases
Computer database servers
Computer software for database management
Computer software for application and database integration
Database synchronization software
Computer software for authorising access to data bases
Risk detection software
Image recognition software
Facial recognition software
Facial analysis software
Downloadable computer software for remote monitoring and analysis
Threat detection software
Magnetic data media
Optical data media
Playing devices for sound and image carriers
Optical devices, enhancers and correctors
Apparatus for recording, transmission or reproduction of images or sound
Accounting software
Enterprise software, namely, computer software for accounting purposes, computer software for budget management, contract management software, Invoicing software, Finance administration software, Software for managing sourcing, Software for logistics, software for expense management purposes, Computer software for order management, Project management software, Relationship management computer software, Computer software for risk management, Computer software for payroll preparation, Inventory software and Computer software for purchase management, subscription management, accounting, financial consolidation, mileage registration, customer administration, quotation management, project administration, time invoicing and time recording
Customer relationship management software
Enterprise resource planning [ERP] software
Computer software for human resources management
P2P [purchase to pay] software
Supply chain management software
WMS [warehouse management] software
The aforesaid computer software and applications for mobile applications.
The mark was filed in class 35 with following description of goods:
Business administration
Office functions
Business management consultancy and advisory services
Compilation of business statistics and commercial information
Analysis of market research data and statistics
Collating of data in computer databases
Computerized file management
Compilation and systematisation of information in databanks
Providing consumer product information relating to software
Providing consumer product advice relating to software
Electronic data processing
Data processing, systematisation and management
Systematic ordering and indexing of information via world-wide computer networks for the purposes of providing access to search facilities and information
Data gathering and storage
Office functions relating to searching for information in databases
Data analysis (making inventories of and classifying data)
Setting up and management of databases
Consultancy and providing information regarding the aforesaid services, via the Internet or otherwise, online or via other (electronic) channels
Setting up and management of databases
Gathering, classifying, sorting and updating of data for databases and consultancy thereon
Retail services, in the following fields: Downloadable applications for use with mobile devices, Computer software applications, downloadable, Software and applications for mobile devices, Mobile applications, mobile telephone software, Mobile software, application development software, Computer software [programmes], Blog software, computer software platforms, software applications, Packaged computer software, Computer software [for downloading], Data communication software, Interactive computer software
Retail services, in the following fields: Data management software, Content access software, Content management software, Multimedia software, Integrated software packages, Software program, Downloadable software applications, Software for interfaces, Cloud computing software, Computer programs, Website development software, Unified communications software, Computer programmes for image processing, Computer software downloaded from the internet
Retail services, in the following fields: Computer software for creating searchable databases with information and data, Computer software for scanning images and documents, Sensory software, operating system software, Computer software for managing networks, Computer software for investment management, CMS software [Content management system], Business intelligence software, Artificial intelligence software, Computer software for database management, Electronic databanks, Interactive database services
Retail services, in the following fields: Computer database servers, Computer software programs for database management, Computer software for application and database integration, Database synchronisation software
Retail services, in the following fields: Computer software for authorising access to databases, Risk detection software, Imaging recognition software, Facial recognition software, Facial analysis software, Downloadable computer software for remote monitoring and analysis, Threat detection software, Magnetic data carriers, Optical data media, Playing devices for sound and image carriers
Optical apparatus and equipment, enhancers and correctors
Retail services, in the following fields: Apparatus for recording, transmission or reproduction of sound and images, Book-keeping software
Retail services, in the following fields: Business software, anmely, Computer software for purchase management, subscription management, accounting, book-keeping, budget management, contract management, invoicing, financial administration, financial consolidation
Retail services, in the following fields: Business software, anmely, Computer software for procurement management, mileage registration, customer administration, logistics, quotation management, expense management, order management, project administration, project management, customer relationship management, risk management, salary administration, time invoicing, time recording and stock management, CRM software, ERP software, HRM software, P2P software, SCM software and WMS software
Secondment of personal.
The mark was filed in class 42 with following description of goods:
Development and testing of computing methods, algorithms and software
Measurement evaluation services
Creation of control programs for automated measurement, assembly, adjustment, and related visualisation
Computer programming
Development and maintenance of computer software
Development and maintenance of computer software for database
Installation, maintenance and updating of database software
Design of computer databases
Platform as a service [PaaS]
Hosting platforms on the Internet
Software development, programming and implementation
Hosting services, software as a service, and rental of software
Providing information about the design and development of computer software, systems and networks
Troubleshooting of computer hardware and software problems
Maintenance of data processing software
Computer software research
Software engineering
Computer systems integration services
Upgrading of computer software
Software customisation services
Software development
Configuration of computer software
Computer software programming services
Computer software design
Testing of computer software
Updating of computer programs
Installation of computer software
Installation of database software
Development of computer software application solutions
Development of computer software application solutions
Updating of software databases
Services for the design of electronic data processing software
Support and maintenance for computer software
Maintenance and repair of software
Project studies relating to software
Calibration services relating to computer software
Providing information about the design and development of computer hardware and software
Rental of computer software
Providing online, non-downloadable software
Providing software on a global computer network
Configuration of computer networks by software
Computer software consultancy
Technical consultancy relating to the installation and maintenance of computer software
Hosting of Access Control as a Service (ACaaS) servers and software
Quality control relating to computer software
Debugging computer software for others
Providing online support services to software users
Provision of security services for computer networks, computer access and computerised transactions
IT security, protection and restoration
Consultancy in the field of security software
Design and development of electronic data security systems.