The trademark INSPARK was filed by INSPARK AKILLI IS ÇÖZÜMLERI LIMITED SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on March 9, 2022, and received one opposition filed on June 9, 2022 by Koninklijke KPN N.V. on Likelihood of confusion. the opponent was represented by Koninklijke KPN N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 9, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Appeal with reference B R1589/2023-5 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on May 16, 2024 by the EUIPO. The Opposition with reference B 003172597 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 24, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business consultation and management regarding marketing activities and launching of new products
Business consulting, advisory, management, planning and supervision
Business data analysis
Business efficiency advice
Business information management
Business management consultancy as well as development of processes for the analysis and the implementation of strategy plans and management projects
Business management consulting with relation to strategy, marketing, production, personnel and retail sale matters
Business management and consultation in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Business management consultancy in the field of insourcing, namely, assisting businesses in the development of processes for the analysis and the implementation of the delegation of operations or jobs from production within a business to an internal entity that specializes in that operation
Business management consultancy, also via the Internet
Business management and enterprise organization consultancy
Business management analysis
Compilation and systemization of information into computer databases
Computer file management
Computerized office management
Computerized accounting services
Computerized and central file management and business file management
Computerized on-line ordering featuring general consumer merchandise
Computerized word processing
Computer-assisted business information and research services
Consulting services in business organization and management
Consulting services in the area of sustainable business solutions
Consulting services in the field of internet marketing
Information, advisory and consultancy services relating to business and management or business administration, including such services provided on line or via the internet
Preparing business reports
Professional business consultation
Providing business intelligence services
Providing business information, namely, commercial corporate and statistical information provided on-line from a computer database or the Internet
Providing business information in the field of social media
Providing information in the fields of business innovation process, business management and business opportunities
Providing online business management services including accounting, marketing, business project management, and business development
Provision of business information via global computer networks
Value-added reseller services, namely, distributorship services in relation to computer software in the fields of enterprise resource planning (ERP) and customer relationship management (CRM)
On-line retail store services in relation to computer hardware and software.
The mark was filed in class 36 with Providing charitable services, namely financial services.
The mark was filed in class 42 with following description of goods:
Advice relating to the design of computer hardware
Advisory services in the field of product development and quality improvement of software
Application service provider (ASP) featuring software for business process management, database management and IT infrastructure management services related to accounting, sales processing, purchase order processing, inventory control, production planning, marketing, sales and customer service for use in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Application service provider featuring application programming interface (API) software for use in database management, mobile application development and integration between computer systems in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of others in the fields of enterprise resource planning (ERP) and customer relationship management (CRM)
Building and maintaining websites
Business technology software consultation services
Charitable services, namely, providing computer software for those in need excluding computer game software
Cloud computing featuring software for database management, process management, workflows and mobile usage in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Computer compatibility services, namely, data mapping
Computer technology consultation
Computer hardware and software design
Computer hardware development
Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance
Computer network design for others and computer software design for the business applications of others
Computer programming and computer system analysis
Computer programming and maintenance of computer programs
Computer programming and software design
Computer programming services for commercial analysis and reporting
Computer programming services for enterprise resource planning (ERP) and customer relationship management (CRM)
Computer programming of computer games
Computer programming of video games
Computer project management services
Computer services, namely creating customized web pages and other data feed formats featuring user-defined information
Computer services, namely, creating computer network-based indexes of information, websites and resources
Computer services, namely, remote and on-site management of the software applications of others
Computer services, namely, computer system administration for others
Computer services, namely, remote management of software applications for others
Computer services, namely, providing an interactive web site with technology that allows users to create their own books
Computer services, namely, acting as an application service provider in the field of information management to host computer application software for the purpose of enterprise resource planning (ERP) and customer relationship management (CRM)
Computer services, namely, on-site management of information technology (IT) systems
Computer services, namely, integration of computer software into multiple systems and networks
Computer services, namely, providing an interactive web site with technology that allows users to consolidate and manage social networks, accounts, and connections to existing and emerging application programming interfaces (APIs)
Computer services, namely, integration of private and public cloud computing environments
Computer services, namely, creating, maintaining, designing, and implementing websites for others in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software for the purpose of enterprise resource planning (ERP) and customer relationship management (CRM)
Computer software development and computer programming development for others
Computer software design and updating
Computer software development, computer programming and maintenance of computer software for cloud computing
Computer software installation and maintenance
Computer system design services
Computer systems analysis
Computer systems integration services
Computer technical support services, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications
Computer technology support services, namely, help desk services
Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others
Consulting services in the field of computer-based information systems for businesses
Consulting services in the field of providing online, non-downloadable software and applications
Consulting services in the field of hosting computer software applications
Consulting services in the field of software as a service (SAAS)
Customizing computer software
Data automation and collection service using proprietary software to evaluate, analyze and collect service data
Debugging computer software for others
Design and development of on-line computer software systems
Design and development of computer hardware and software
Design and development of integrated data collection and wireless transmission hardware systems for equipment and for software applications associated with that equipment at mining, construction, and industrial sites
Design and implementation of software and IT technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents
Design of computer hardware, integrated circuits, communications hardware and software and computer networks for others
Design of computer machine and computer software for commercial analysis and reporting
Design, creation, hosting, maintenance of websites for others
Development and creation of computer programs for data processing
Development and implementation of software and technology solutions (computer software applications solutions) for the purpose of productization of electronic components and electronic systems
Development of software for secure network operations
Development, updating and maintenance of software and databases
File sharing services, namely, providing a website with technology enabling users to upload and download electronic files
Hosting websites on the Internet
Installation and maintenance of Internet access software
Installation and maintenance of software in the field of business applications
Installation, maintenance and repair of computer software
Installation, maintenance and repair of cell phone related software
Integration of computer systems and networks
Internet-based application service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others
Periodic upgrading of computer software for others
Planning, design and implementation of computer technologies for others
Platform as a service (PAAS) featuring computer software platforms for business applications, namely, customer relationship management and database management
Providing a web site with information on computer technology and programming
Providing a web site with temporary use of non-downloadable software for business applications, namely, customer relationship management, enterprise resource planning and database management
Providing a website with technology that gives computer users the ability to subscribe to online publications permitting searches of building codes and standards
Providing a website with technology that gives users the ability to create customized web pages featuring user-defined information
Providing a website with technology that enables users to use, store and manage data in the field of enterprise resource planning (ERP) and customer relationship management (CRM)
Providing an Internet website portal in the fields of technology and software development
Providing an online website for creating and hosting micro websites for businesses
Providing information relating to on-line non-downloadable software to facilitate electronic communication between individuals provided via the Internet
Providing information in the fields of technology and software development via an on-line website
Providing on-line non-downloadable geographic information system (GIS) software
Providing on-line, non-downloadable, Internet-based software application for medical billing for physicians and health care institutions
Providing technical information updates of industrial process control computer software via the global computer network
Providing temporary use of non-downloadable computer software for preparing invoices over computer networks, intranets and the internet
Providing temporary use of non-downloadable computer software for tracking documents over computer networks, intranets and the internet
Rental of computer hardware and computer software
Software as a service (SAAS) services featuring software for enterprise resource planning (ERP) and customer relationship management (CRM)
Software authoring
Software development for others in the field of software configuration management
Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems
Technical support services, namely, troubleshooting of industrial process control computer software problems
Technical support services, namely, troubleshooting of computer software problems
Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications
Updating websites for others
Web publishing, namely, creating a website and uploading it onto an Internet server
Website design consultancy
Website load testing services
Website usability testing services.
The mark was filed in class 45 with Providing on-line social networking services.