The trademark FLEXTOR was filed by Merak, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on November 23, 2022, and received one opposition filed on January 15, 2023 by Flexxter GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HORAK. RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 15, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission or reproduction of sound or images
Magnetic and/or optical data carriers, recording discs
Data processing equipment, computers, software and software packages.
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Administrative services
Copying documents, including through the scanner
Filing documents
Management of administrative records
Collating, updating and maintenance of administrative data in databases
Online management of digital data (so-called safe cloud)
Management of offline backed up computer files.
The mark was filed in class 39 with following description of goods:
Storage and transport of documents
Storage and transport of goods
Removal services
Archive storage, namely storage of paper documents and films
Storage of laboratory samples in environmental chambers
Physical storage of offline backed up computer files
Storage [physical storage] of the source code of custom developed software programs.
The mark was filed in class 40 with Document destruction and treatment of archives by means of freeze-drying and demagnetization..
The mark was filed in class 42 with following description of goods:
Scanning and digitizing documents
Remote backup of data
Erasing data on tapes and hard disks and preparing them to be reused for storing data.