The trademark NEOS was filed by ESG Elektroniksystem- und Logistik-GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 7, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on February 6, 2022 by GROUPE NEO-SOFT on Likelihood of confusion. the opponent was represented by PLASSERAUD IP and its proceedings were handled in English The second opposition filed on February 2, 2022 by Neos Foundation e.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SPIEß SCHUMACHER SCHMIEG & PARTNER RECHTSANWÄLTE MBB and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on May 21, 2024.
The Appeal with reference B R1047/2023-5 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on December 12, 2023 by the EUIPO. The Refusal with reference B 018571604 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware
Computer software
Computer programs and data processing programs, in particular for the storage, evaluation and retrieval of data and information, mainly for logistical planning and logistics systems, in and from databases, and for the planning, optimisation and analysis of fixed networks for telecommunications systems
Computer operating programs
Programs for electronic data processing
Computer systems
Operating systems
Application server software
Networking software
Cloud servers
File servers
Internet servers
Server software
Computer software for wireless network communications
Computer software for administration of local area networks
Network operating system programs
Network communication apparatus
Network controlling apparatus
Radio receivers and transmitters
Antennas and aerials as communications apparatus
Virtual Reality [VR] motion simulators
Aeronautical communications apparatus
Sensors, detectors and monitoring instruments
Sensory software
Navigation, guidance, tracking, targeting and map making devices
Apparatus and instruments for geolocation
Computer software for the collection of positioning data
Interactive computer software that provides navigational and travel information
Map software
Computer programs, in particular for analysis purposes and logistical planning
Guide and information systems by means of telecommunications, in particular systems for fire control, troop command, land, sea and air defence and reconnaissance
Electronic guide, information, communication and weapons delivery systems for all military command levels
Air traffic control radio equipment
Radio apparatus and instruments
All the aforesaid goods in the field of networked operations management for armed forces.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Operation of networks, namely for the transmission of messages, images, text, speech and data
Operation of telecommunications apparatus
Communication of information by computer
Providing telecommunications access to server centres
Digital network telecommunications services
Provision of communications via radio
Electronic communication services for transmission by means of aerials
Aeronautical telecommunication services
Communication services by radio
All the aforementioned services in the field of network-centric warfare for armed forces.
The mark was filed in class 41 with following description of goods:
Provision of instruction relating to data processing
Training services in the field of computer software development
Education services relating to computer systems
Training in the field of communication technologies
Technical training relating to safety
Training in the development of software systems.
The mark was filed in class 42 with following description of goods:
Computer programming, in particular for logistical planning and logistics systems, in and from databases, for telecommunications consultancy, and for the planning, optimisation and analysis of fixed networks for telecommunications systems
User management and authorisation on computer networks
Computer system analysis
Development and programming of computer security systems, in particular for the control of access to electronically stored data archives
Services of an EDP programmer
Engineering for electronic systems and software
Configuring computer networks by means of software
Server administration
Conducting technical project studies
Technical project management in the field of electronic data processing
Analytical services relating to computers
Computer systems integration services
Design, maintenance and up-dating of computer software
Design and development of operating system software
Design and development of operating software for computer networks and servers
Design and development of networks
Monitoring of network systems
Analytical services utilizing radar
Research and development in the military sector
All the aforementioned services in the field of network-centric warfare for armed forces.
The mark was filed in class 45 with following description of goods:
Guard services
Safety, rescue, security and enforcement services
Electronic monitoring services for security purposes