The trademark Factor iQ was filed by STOXX Ltd., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on June 15, 2022, and received one opposition filed on September 14, 2022 by Faktor Zehn GmbH on Likelihood of confusion. the opponent was represented by Anlauf, Marcus and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software and programs for data processing and distribution of information in the fields of financial trading and financial brokerage services
Computer programs, excluding computer programs for the processing of measurement data and not for the controlling and handling of measuring devices and movement simulators
Recorded computer programs only in connection with stock exchange and financial services
Computer software relating to finance and financial trading
Downloadable computer software platforms for use in financial services applications for portfolio optimization and construction, risk management, risk model construction, and regulatory reporting
Computer software in the field of financial risk management, for the analysis and management of financial instrument portfolios
Computer application software used to analyze and manage portfolios of equity, fixed income and other financial instruments
Software for collation, manipulation, analysis and reporting of financial information for use in the management of financial assets
Software for accessing databases of financial information
Downloadable computer application software and cloud software for use by professionals in the investment management industry to track, process, and manage regulatory reporting
Software for performance and analytics and regulatory reporting for companies in the investment management industry
All aforementioned goods only in relation to providing financial risk information for risk management in the field of financial trading and brokerage and, in particular, not in relation to software to support internal business processes of financial service providers, in particular insurance companies.
The mark was filed in class 35 with following description of goods:
Computerized database management
Database services, namely collecting, analyzing, updating and supplying data
Business consulting services in the investment management industry to provide use of on-line non-downloadable software for performance and analytics and regulatory reporting for companies in the investment management industry
Business administration services, namely, maintaining, calculation, recording, compilation and systematization of statistics in the nature of stock market index figures, financial index figures, real estate index figures and other economic indices
Business administration, namely, compiling indices relating to stock-exchange securities, stocks, bonds, commodities, real estate, negotiable instruments and other classes of assets for business purposes
Providing business and commercial information for others
Commercial administration of licensing of stock indices and the granting of licenses to banks and other financial institutions issuing derivatives or financial instruments, or granting loans, with payments computed by reference to financial and securities indices
Commercial administration of licensing of stock indices and the granting of licenses to insurance companies issuing insurance with payments to insured computed by reference to financial and related securities indices
Compilation and systematization of statistics and index figures pertaining to stock exchange dealings, securities, prices
Updating indices of stocks and securities for others
Compiling, input and systematic ordering of information in the field of finance and capital market in databases
Risk management consultancy [business]
Economic forecasting and analysis
Preparing business reports for others
Business process outsourcing services in the fields of infrastructure, computer and software applications, finance and accounting
Compiling financial, securities, stock exchange, trade and quote, index value and other financial market information for business purposes for the provision of financial information for others in connection with index levels as a base for financial products
Computer-assisted data processing in connection with stock exchange information
Calculation, recording, creation, composition and systematization of statistics and indexes concerning stock exchange transactions, securities, interest rates, prices, exchange rates and other economic data
Systematization and composition of financial information and data in a computer database
Services of processing of computer data concerning securities information via computer
Recording of commercial information with regulatory agencies
Business statistical studies
Business services for ensuring regulatory compliance
Regulatory submission management, namely, assisting others in gathering data, preparing and filing financial applications for submission to governmental regulatory bodies
All aforementioned services only in relation to providing financial risk information for risk management in the field of financial trading and brokerage and, in particular, not in relation to software to support internal business processes of financial service providers, in particular insurance companies.
The mark was filed in class 36 with following description of goods:
Financial services, namely, creation, development, calculation, offer, maintenance and revision of financial instruments, namely, securities, options, bonds, futures, forward contracts, funds and index tracking funds, namely, exchange traded funds
Providing financial information and financial data relating to stock-market securities, stocks, bonds, commodities, real estate, securities and other classes of asset
Banking and financial services, namely, portfolio management, financial analysis and consultation
Financial portfolio management
Risk management consultancy [financial]
Investment analysis
Financial asset evaluation
Providing financial information via electronic means
Financial investment in the field of securities
Determining, calculating of and providing financial information and data in connection with indices in connection with officially quoted securities
Providing information about stocks and securities via a global computer network and mail
Financial information and advisory services
Financial information in the field of finance, markets, news and analytics
Providing financial data for the composition and calculation of indices and other financial information products
Providing indices as underlyings or benchmarks for financial products and financial contracts
Trading of securities index futures, namely, determining, calculation of and providing financial information and data in connection with indices
Providing of financial information for others in connection with index levels as a base for financial products
Stock exchange quotations
Determining, including calculation of and providing financial information and data in connection with stock index
Financial affairs, in particular stock exchange, banking, and/or financial brokerage services, including issuing of, trading with and negotiation and custody of officially quoted securities, including shares, units, futures contracts, metals and currencies
Financial consultancy in connection with the aforesaid services
Professional consulting to financial institutions for organization and administration of banking and financial affairs
Determination of and calculations concerning indices for securities and forward contracts, currencies, interest rates and economic factors
Provision of information concerning share markets, currency markets and exchange rates, deposits, securities and other financial information
Provision of information on life insurance, financial estimates of committed capital, financial analyses and other financial appraisals
Providing statistical information and indices of stock exchange dealings, valuables, interests, prices, exchange rates, and other financial information for others
Information services on credit facilities
Investment risk assessment services and reports associated therewith
Preparing financial reports for others
Providing financial products based on indices, namely, providing financial indices of selected market data to enable users to evaluate investments and market trends in the financial sector
Providing stock exchange quotations, determining a stock index and computerized analysis of stock exchange information
Computer-assisted information retrieval in connection with stock exchange information.
The mark was filed in class 42 with following description of goods:
Computer services, namely, electronic storage of data
Computer technical support services, namely, troubleshooting computer software problems
Computer network management
Providing virtual computer systems and virtual computer environments through cloud computing
Computer network monitoring
Design and development of computer software
Installation of computer software
Maintenance and updating of computer software
Computer software advisory and consultancy services
Installation, implementation, maintenance and repair services in the field of computer software systems
Computer programming for others in connection with stock exchange and financial services
Technical consultancy in connection with the aforesaid services
Computer services, namely research, development, consulting and monitoring concerning use of computers and creation of data processing programs (computing services)
Computer systems analysis
Electronic data recovery
Platform as a service (PAAS) featuring computer software platforms for use in applications in financial services for portfolio optimization and construction, risk management, risk model construction, and regulatory reporting
Providing temporary use of software for use in financial services applications for portfolio optimization and construction, risk management, risk model construction, and regulatory reporting
Providing temporary use of non-downloadable cloud-based software in the field of financial risk management, for the analysis and management of financial instrument portfolios
Cloud computing featuring software in the field of financial risk management, for the analysis and management of financial instrument portfolios
Providing temporary use of non-downloadable software for collation, manipulation, analysis and reporting of financial information for use in the management of financial assets
Providing temporary use of non-downloadable software for providing access to proprietary databases online for use in managing, analyzing and reporting financial asset information
Providing on-line non-downloadable software for performance and analytics and regulatory reporting for companies in the investment management industry
None of the aforementioned services in connection with the processing of measurement data and not in relation to hard- and software for the controlling and handling of measuring devices and movement simulators
All aforementioned services only in relation to providing financial risk information for risk management in the field of financial trading and brokerage and, in particular, not in relation to software to support internal business processes of financial service providers, in particular insurance companies.