The trademark UPNOVATION was filed by Upnovation s.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 2, 2021 by Focusrite Audio Engineering Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COLOMBO, LUCA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2021
The application was filed in Italian, and Italian 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 October 5, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software to enable the provision of information via communications networks
Search marketing software
Third party search marketing software
Computer search engine software
Software for search engine optimisation
Web application and server software
Website development software
Accounting software
Computer software for inter-network accounting in the telecommunications field
Business software
Application software for cloud computing services
Business management software
Application software for social networking services via internet
Computer software packages
Computer programmes for data processing
Computer programs for network management
Computer software for database management
Downloadable mobile applications for the management of data
All of the above to provide services of process integration, sales networks, compliance and insurtech, dashboards and tools for performance monitoring of sales networks
None of the aforementioned goods comprising, related to, or to be used in connection with apparatus and instruments for recording, transmission, reproduction or amplification of sound and music, or with musical instruments.
The mark was filed in class 35 with following description of goods:
Corporate communications services
Analysis relating to marketing
Business advice relating to strategic marketing
Business advice relating to marketing management consultations
Business advice relating to marketing
Investigations of marketing strategy
Marketing
Targeted marketing
Planning of marketing strategies
Preparation of marketing plans
Promotion, advertising and marketing of on-line websites
Marketing research
Consultancy services relating to advertising, publicity and marketing
Consulting services in the field of Internet marketing
Promotional marketing services using audiovisual media
Planning services for marketing studies
Advertising and marketing services provided via communications channels
Preparation of advertising campaigns
Analysis of advertising response
Advertising, marketing and promotional services
Conducting of marketing studies
Development of marketing strategies and concepts
Internet marketing
Development and implementation of marketing strategies for others
Business management consulting services in the field of information technology
Pay per click advertising
Digital marketing
Production of visual advertising matter
Brand evaluation services
Brand creation services (advertising and promotion)
Brand positioning services
Search engine optimisation
Search engine marketing services
Consultancy relating to search engine optimisation
Search engine optimization for sales promotion
Providing marketing information via websites
Web site traffic optimization
Event marketing
Organisation of events for commercial and advertising purposes
Arranging and conducting of promotional events
Arranging and conducting of marketing events
Promoting the sale of goods and services of others through promotional events
Business networking services
Online business networking services
Arranging of competitions for advertising purposes
Organisation, operation and supervision of loyalty schemes and incentive schemes
Organisation, operation and supervision of an incentive scheme
Media relations services
News clipping services
Copywriting
Providing business information directory services, via a global computer network
Distribution of advertising, marketing and promotional material
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Provision of information and advisory services relating to e-commerce
All of the above to provide services of process integration, sales networks, compliance and insurtech, dashboards and tools for performance monitoring of sales networks
None of the aforementioned services in the field of recording, transmission, reproduction or amplification of sound and music, or in connection with goods, apparatus and instruments related thereto, or with musical instruments.
The mark was filed in class 42 with following description of goods:
Consultancy relating to software for communication systems
Design and development of new technology for others
Operating search engines
Search engine design services
Website development services
Creation of internet web sites
Web site design consultancy
Building and maintaining websites
Creating and maintaining web sites for others
Creating and designing website-based indexes of information for others [information technology services]
Designing websites for advertising purposes
Design of homepages and websites
Website development for others
Website design
Programming of software for website development
Advisory services relating to computer programming
Consultancy and information services relating to the design, programming and maintenance of computer software
Consultancy relating to the creation and design of websites
Consultancy relating to the creation and design of websites for e-commerce
Programming of software for e-commerce platforms
Programming of software for database management
Design and development of software for database management
Installation of Access Control as a Service (ACaaS) software
Advice and consultancy in relation to computer networking applications
Consulting in the field of cloud computing networks and applications
All of the above to provide services of process integration, sales networks, compliance and insurtech, dashboards and tools for performance monitoring of sales networks
None of the aforementioned services in the field of recording, transmission, reproduction or amplification of sound and music, or in connection with goods, apparatus and instruments related thereto, or with musical instruments.