The trademark Fraym was filed by Fraym GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 18, 2022, and received one opposition filed on December 15, 2022 by Fraym, Inc. on (a) Identity of marks and Goods and Services, (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 December 15, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003185755 was refused according to Article 8(1)(a) EUTMR with decision issued on October 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Databases
Media content
Software
Software downloadable from the internet
Business intelligence software
Business performance management [BPM] software
Office and business applications
Business process management [BPM] software
CMS software [Content management system]
Computer application software
Computer programs for accessing, browsing and searching online databases
Computer programs for project management
Computer software to enable the provision of information via the Internet
Computer software for business purposes
Computer software for processing market information
Computer software relating to the handling of financial transactions
Content management software
Dashboard software
Decision-making software
Business management software
Enterprise software
Computer software, recorded
Downloadable application software for smartphones
Computer programs, downloadable
Downloadable computer software for the management of data
Downloadable software
Downloadable cloud computing software
Downloadable software applications
Downloadable mobile applications for the transmission of information
Downloadable mobile applications for the management of information
Downloadable mobile applications for the transmission of data
Downloadable mobile applications for the management of data
Downloadable applications for use with mobile devices
Industrial software
Information retrieval applications
Information retrieval software
Intelligent gateways for real-time data analysis
Artificial intelligence software for analysis
Collaboration software platforms [software]
Third party search marketing software
Search marketing software
Media and publishing software
Media server software
Mobile apps
On-premise management software
Scheduling software
Product engineering software
Programs for smartphones
Process controlling software
Revision control platforms [software]
Credit screening software
Operational risk management software
Financial management software
Software for debt recovery
Customer relation management [CRM] software
Product lifecycle management software
Software for arranging online transactions
Software for evaluating customer behaviour in online shops
Software for designing online advertising on websites
Workforce management software
Software for product development
Enterprise resource planning [ERP] software
Industrial automation software
Software for smartphones
Software for tablet computers
Software and applications for mobile devices
Software suites
Collaboration management software platforms
Risk detection software
Business software
Workflow software
Workflow management system software
Payment software
Data processing apparatus
Computers
Computer hardware
Computer software
Computer peripheral devices
Computer software for use in developing internal and external web sites, and companion products thereto, namely, other computer programs, data files, and graphical resources to be used with the foregoing
Software media allowing placement, management and dissemination of information (including text, images and sound) via electronic channels (both the Internet and intranets)
Programmes for data-processing
Computer programs, downloadable
Machine-readable sound, image and data carriers of all kinds containing information
Software for e-commerce
Electronic publications for e-commerce.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Professional business consultancy relating to the provision of quality management systems in connection with content management software
Advertising agency services
Marketing
Market research and analysis services
Mediation of advertising
Public relations services
Arranging and conducting of advertising events, Arranging and conducting of trade fairs, Arranging and administration of exhibitions, Congresses (Arranging and conducting of -) and Seminars (Arranging and conducting of -) For commercial purposes and Than for advertising purposes
Organisational project management in the field of electronic data processing
Providing information via websites and Via mobile platforms in relation to the following fields: Shopping, Commercial retailing, E-commerce, Administrative order processing services
On-line advertising services
Promotion services
Provision of an online marketplace for buyers and sellers of goods and services
Business information, in relation to the following fields: E-commerce
Providing business and trade contact information in the field of e-commerce
Business management planning in the field of e-commerce
Consumer consultancy, Namely of, commercial inforamation services for consumers
Presentation of goods in communications media for retail
None of the aforesaid services in relation to the following fields: Geological research.
The mark was filed in class 37 with Installation and maintenance of computer hardware.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunication services
Telecommunications services for the transmission of text, images and sound via the Internet
Computer communication and Internet access
Providing access to electronic communications networks and electronic databases
Providing user access to computer programmes in data networks
Providing access to information on the Internet
Providing access to portals on the Internet
Providing access to platforms and portals on the Internet
Telecommunication services provided via platforms and portals on the Internet and other media
Providing of access to telecommunication warehousing services
Provision of telecommunication access and links to computer databases and to the internet
Mobile communications services
Online services, Specifically Transmission of software updates
Providing access to databases, for use in the following fields: Storage, collation, providing and processing of news and information on the Internet
Providing access to electronic mail-boxes, web pages, presentations, applets, entertainment, and computer programs via computer and communication networks, including the Internet and the World Wide Web.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design, development, installation, hosting and maintenance of software
Design and development of computer hardware
Design, development, installation, Hosting computer sites [web sites] and Care, in relation to the followig goods: Software for online retail stores
Web page development, that enable users to create an hosted online retail store for the sale of goods and services
Application service provider services in the following fields: consumer shopping
Software as a service [SaaS] in the following fields: consumer shopping
Statements and Servicing, in relation to the followig goods: Software for online retail stores
Design consultancy in relation to the followig goods: Web pages for online retail stores
Hosting web sites, in the following fields: consumer shopping
Company software consultancy in the field of e-commerce
Information technology consultancy in the field of e-commerce
Providing information relating to information technology and programming of websites and mobile platforms
Creation and maintenance of web pages for online shops [that enable shipping by the sellers]
IT services
Web site design consultancy
Web site design consultancy
Providing information in the field of product development
Providing information in the field of product design
New product design
Brochure design
Design of printed material
Design of homepages and websites
Design of information systems relating to management
Business card design
Website development services
Development, design and updating of home pages
Design and development of multimedia products
Design and development of new products
Design and graphic arts design for the creation of web sites
Design and testing for new product development
Design and maintenance of computer sites for third parties
Creating home pages for others
Graphic illustration services for others
Creation and provision of web pages to and for third parties
Web site design and creation services
Creating and designing web pages for others
Designing and implementing network web pages for others
Designing and implementing web sites for others
Design of home pages
Internet web site design services
Design of logos for corporate identity
Creating, designing and maintaining web sites
Design of exhibition stands
Graphic design of promotional materials
Graphic design for the compilation of web pages on the internet
Commercial design services
Design and creating web sites for others
Design and maintenance of web sites for others
Computer website design
Homepage and webpage design
Custom design services
Product design and development
Engineering consultancy relating to design
Technical assessments relating to design
Packaging design for others
Commercial art design
Website development for others
None of the aforesaid services Relating to the following sectors: Geological research.