The trademark WM was filed by Whalemap Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 15, 2022, and received one opposition filed on September 11, 2022 by WM SE on Likelihood of confusion. the opponent was represented by Hüttner, Toralf and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 11, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for use in data analysis
Downloadable software for use in data research
Downloadable software for analyzing or auditing data on a blockchain or a distributed ledger
Downloadable software for accessing cryptocurrency information
Downloadable software for analyzing or forecasting cryptocurrency transactions
Downloadable software for use in analyzing or forecasting cryptocurrency trends
Downloadable educational and training software
Downloadable software for the transmission, recording, reproduction, display, organization, management, manipulation and review of messages, text, images, files, audio, video and audio-visual content
Downloadable software for streaming audio-visual recordings
Downloadable software foruse with cryptocurrency, virtual currency or digital assets
Downloadable software for managing cryptocurrency, virtual currency or digital assets
Downloadable software for managing cryptocurrency transactions
Downloadable software to facilitate the use of a blockchain or distributed ledger
Downloadable software enabling users to compile, store, transmit, receive, trade and exchange virtual currencies, cryptocurrencies and other digital assets
Downloadable cryptographic keys for receiving and spending crypto assets
Downloadable electronic publications
Downloadable e-books
Downloadable podcasts, sound recordings, images and videos
Downloadable e-wallets
Computer hardware for use as a digital currency wallet
Digital currency, being electronically stored currency, tokens of value, utility tokens, securities, shares, units of equity and tokens providing an entitlement to any of the foregoing, along with any digital representations of value or negotiable instruments
Cryptocurrency, being any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain
Peer-to-peer currency, being digital currencies and cryptocurrencies which are capable of exchange within a defined network of users
Data storage devices
Data storage media
Data carriers
Computer hardware and peripherals
Headsets
Headphones
Earphones
Portable media players
EBook readers
Audio speakers
Smart speakers
Video cameras
Microphones
Digital voice recorders
Parts and fittings for data storage media, data carriers, computer hardware and peripherals, computer hardware for use a digital currency wallet, headsets, headphones, earphones, portable media players, eBook readers, audio speakers, smart speakers, video cameras, microphones and digital voice recorders
None of the aforementioned goods relate to vehicles, motor vehicles or vehicle accessories.
The mark was filed in class 36 with following description of goods:
Financial services relating to virtual currencies, cryptocurrencies and digital assets
Provision of financial information relating to virtual currencies, cryptocurrencies and digital assets
Financial consultancy services relating to virtual currencies, cryptocurrencies and digital assets
Financial research services relating to virtual currencies, cryptocurrencies and digital assets
Financial analysis and reporting relating to virtual currencies, cryptocurrencies and other digital assets
Virtual currency services, namely, provision of digital currency
Virtual currency services, namely, provision of cryptocurrency
Virtual currency services, namely, provision of virtual tokens
Virtual currency services, namely, providing a virtual currency for use by members of an online community
Conversion and transferring of assets into virtual currency and cryptocurrency
Exchange services relating to digital currencies and cryptocurrencies
Providing electronic transfer of a virtual currency
Digital currency trading services
Cryptocurrency trading services
E-wallet payment services
Financial management services
Provision of financial information
Financial consultancy
Financial research
Financial analysis
Financial valuation
Investment of funds
Electronic funds transfer
Currency trading services
Information, advisory and consultancy services relating to all the aforesaid
None of the aforementioned services relate to vehicles, motor vehicles or vehicle accessories.
The mark was filed in class 41 with following description of goods:
Education services relating to cryptocurrencies and virtual currencies
Education and training services relating to blockchain technology
Education services relating to data analysis
Education services relating to the design and development of computer software
Education services relating to trading in virtual currencies and cryptocurrencies
Provision of computer-based educational, teaching and training services
Educational and teaching services
Providing of training, workshops, seminars and conferences
Coaching and mentoring services, except spiritual mentoring or spiritual guidance
Creation [writing] of educational content for podcasts
Publishing services
Publication of educational teaching materials
Electronic publishing services
Providing electronic books, magazines, newspapers, journals, periodicals, and other publications
Providing audio content and multimedia content, not downloadable
Providing audio books, podcasts and webcasts, not downloadable
Providing on-line electronic publications, not downloadable
Providing non-downloadable publications over computer networks
Providing online text, video, audio, and multimedia programs
Arranging and conducting of conferences and exhibitions
Production of educational sound and video recordings
Cultural activities
Providing information relating to the organizing of educational and cultural exhibitions and conferences, community activities and cultural activities
Rental of audio equipment
Lending libraries
Information, advisory and consultancy services relating to all the aforesaid
None of the aforementioned services relate to vehicles, motor vehicles or vehicle accessories.
The mark was filed in class 42 with following description of goods:
Research in the field of virtual currency transactions
Research in the field of cryptocurrency transactions
Technical data analysis services relating to blockchain transactions
Technological consulting the field of virtual currency
Technological consulting in the field of cryptocurrency
Technological consulting in the field of blockchain technology
Design and development of software for analyzing virtual currency transactions
Design and development of software for analyzing cryptocurrency transactions
Computer services, namely, providing online non-downloadable computer software for use as a cryptocurrency wallet
Computer services, namely, providing use of software applications through a website
Computer services, namely, providing online non-downloadable software for use in data analysis
Computer services, namely, providing online non-downloadable software for use in data research
Computer services, namely, providing online non-downloadable software for analyzing or auditing data on a blockchain or a distributed ledger
Computer services, namely, providing online or non-downloadable software for analyzing or forecasting cryptocurrency transactions
Computer services, namely, providing online non-downloadable software for use in analyzing or forecasting cryptocurrency trends
Computer services, namely, providing online non-downloadable educational and training software
Computer services, namely, providing online non-downloadable software for use with cryptocurrency, virtual currency or digital assets
Computer services, namely, providing online non-downloadable software for managing cryptocurrency, virtual currency or digital assets
Computer services, namely, providing online non-downloadable software to facilitate the use of a blockchain or distributed ledger
Computer services, namely, providing online non-downloadable software enabling users to compile, store, transmit, receive, trade and exchange virtual currencies, cryptocurrencies and other digital assets
Computer services, namely, hosting a website that enables users the ability to view and access data and information related to cryptocurrencies and other digital assets
Design and development of software that enables users to trade, exchange, swaps, compile, store, transmit and receive and spend digital and crypto-currency
User authentication services using blockchain technology
Cryptocurrency mining
Data encryption services
Research and development for others
Technical data analysis services
Information technology consultancy
Technological consultancy
Design and development of computer hardware and software
Computer services, namely, software as a services [SaaS]
Computer system analysis
Information, advisory and consultancy services relating to all the aforesaid
None of the aforementioned services relate to vehicles, motor vehicles or vehicle accessories.