The trademark NXTMatch was filed by Business Support NV, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on February 14, 2023, and received one opposition filed on May 10, 2023 by Match Group, LLC. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Barker Brettell Sweden AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003195707 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software platforms for HR management and recruitment, personnel management, planning and/or salary administration
Application software for HR management and recruitment, personnel management, planning and/or salary administration
Computer programmes for data processing for HR management and recruitment, personnel management, planning and/or salary administration
Software for facilitating the exchange of information concerning HR management and recruitment, personnel management, planning and/or salary administration via the internet featuring collaboration tools
Software for use in sharing information for the facilitation of collaborative working between different parties involved in HR management and recruitment, personnel management, planning and/or salary administration
Computer software for enterprise resource planning focused on human resource management
Software for providing tools used in and for human resources management
Software for providing tools used in and for recruiting
Software for providing tools that allow users to conduct employee/employer performance reviews
Software platform for creating, storing, managing, and retrieving structured data in HR processes or recruitment processes to be able to conduct HR analytics
Software for providing means for utilizing abstracted functionality for identity, access control, subscriptions, notifications, and editing of data for HR management and recruitment, personnel management, planning and/or salary administration
Computer programs for document management for HR management and recruitment, personnel management, planning and/or salary administration
Software for use in calendaring and scheduling
None of the foregoing goods being computer security goods.
The mark was filed in class 35 with following description of goods:
Providing databases featuring information about candidates for employment and searching capability with respect to such databases
Procurement of personnel
Temporary personnel services
Employment of personnel
Administration, in particular salary and personnel administration
Employment screening services
Personnel selection using psychological methods
Commercial interim management
Commercial and business organisation project management
Consultancy regarding business organisation and business economics
Development of business strategies
Business support during mergers and takeovers
Management of databases containing information regarding personnel, vacancies and human resources management matters
Recruitment
Consultancy and implementation of human resources policy
Setting up and management of databases to facilitate the storage of information about employees or candidates for employment
Call handling and administrative processing of orders
Business administration
Office functions
Personnel management
Market analysis
Marketing agency services
Employee record services
Consultancy of personnel recruitment
Business organisation and management consultancy in the field of personnel management
Personnel management consulting
Employment counselling and consultancy services
Business recruitment consultancy
Consultancy relating to the selection of personnel
Personnel management of marketing personnel
Advisory services relating to personnel placement
Personnel management for advertising purposes
Personnel management of sales personnel
Human resources consultancy
Employment counselling
Employment agencies
Secretarial employment services
Employment booking services for film television technicians
Employment consultancy
Clerical employment agency services
Employment agency services for nurses
Employment agency services for personnel in general office positions
Labour exchange
Personnel management assistance
Assistance relating to recruitment and placement of staff
Auditioning of performing artists [selection of personnel]
Business advisory services provided to determine pay and grading structures
Business advisory services to determine pay and grading structures by job evaluation
Support for employees with regard to business matters
Publicity personnel management services
Employment management services for film television technicians
Employment placement services for personal assistants
Employment placement services for housekeepers
Recruitment of executive staff
Office support staff recruitment services
Employment agency services the provision of staff for the manning of show houses
Employment agency services for people skilled in the use of computers
Job agency services for medical personnel
Employment agency services for temporary work assignments
Employment agency services relating to bilingual staff
Employment agency services provided for nannies
Theatrical casting agency
Employment agency services relating to au pairs
Modeling agency services
Job agency services for paramedical personnel
Evaluation of personnel requirements
Headhunting services
Interviewing services [for personnel recruitment]
Human resources management
Talent agency services [business management of performing artists]
Information services relating to jobs and career opportunities
Career advisory services (other than education and training advice)
Modelling for advertising or sales promotion
Personnel agency services relating to the electronics industry
Drawing up and placing of personnel recruitment advertising
Personnel selection using psychological testing
Executive placement services
Placement of design staff
Testing to determine employment skills
Employment outplacement services
Personnel turnover
Placing personnel for office work
Permanent staff recruitment
Recruitment of temporary technical personnel
Recruitment of temporary personnel
Recruitment services for sales and marketing personnel
Professional recruitment services
Recruiting of office support staff
Executive search and placement services
Recruitment of computer staff
Recruitment consultants in the financial services field
Executive search and selection services
Employment of commission sales staff
Provision of contract sales forces
Provision of nominee company directors
Providing of sales staff
Dissemination of information relating to the recruitment of graduates
Provision of information relating to recruitment
Providing employment information
Collection of personnel information
Work analysis to determine worker skill sets and other worker requirements
Writing of résumés for others
Personnel recruitment advertising
Consultancy relating to management selection
Recruitment consultancy for lawyers
Employment placement services for butlers
Staff utilisation planning
Professional consultancy relating to personnel management
Psychological testing for the selection of personnel
Psychometric testing for the selection of personnel
Personality testing for recruitment purposes
Employee relocation services
Modelling agency services for advertising purposes
Modelling agency services relating to sales promotions
Recruitment consultancy for legal secretaries
None of the foregoing services being for, or aimed at, consultancy for legal secretaries
None of the foregoing services being for, or aimed at, the retailing, wholesaling, sale, import, export, advertising, presentation, exhibition, promotion, distribution, management, price comparison, provision, marketing or commercialization in any manner of computer security goods and services.
The mark was filed in class 42 with following description of goods:
Configuration of computer software for HR management and recruitment, personnel management, planning and/or salary administration
Computer software programming services for HR management and recruitment, personnel management, planning and/or salary administration
Computer software design for the development of software for HR management and recruitment, personnel management, planning and/or salary administration
IT services linked to HR management and recruitment, personnel management, planning and/or salary administration
Leasing of software for HR management and recruitment, personnel management, planning and/or salary administration
Rental of software for HR management and recruitment, personnel management, planning and/or salary administration
Software development for HR management and recruitment, personnel management, planning and/or salary administration
Development of computer software application solutions for HR management and recruitment, personnel management, planning and/or salary administration
Computer software consultancy for the set-up of personnel planning, HR tasks, salary administration or recruitment processes
Software as a service [SaaS] for the set-up of personnel planning, HR tasks, salary administration or recruitment processes
Research and consultancy services relating to computer software for the set-up of personnel planning, HR tasks, salary administration or recruitment processes
Research, development, design and upgrading of computer software for the set-up of personnel planning, HR tasks, salary administration or recruitment processes
Consultancy in the field of computer hardware and software for the set-up of personnel planning, HR tasks, salary administration or recruitment processes
None of the foregoing services being computer security services.