The trademark was filed by INTERACTIU COMUNICACIO DIGITAL, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 23, 2022, and received one opposition filed on January 19, 2023 by Peanut App Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Osborne Clarke Rechtsanwälte Steuerberater Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Customer relation management [CRM] software
Software for evaluating customer behaviour in online shops
Accounting software
Computer software for inter-network accounting in the telecommunications field
Software forenterprise resource planning [ERP] and customer relation management [CRM]
Inventory software
Electronic mail programs
Electronic mail servers
Email software
Website development software
Computer hardware for positioning data processing
Indoor positioning systems [IPS]
Computer software for the compilation of positioning data
Database engines
Software for search engine optimisation
Computer search engine software
Security software
Software for network and device security
Multimedia content in relation to enterprise resource planning [ERP] and customer relation management [CRM]
Billing software and accounting software
Document management software
None of the aforementioned for, or used in connection with, social networking, the topics of womanhood, the life stages of womanhood, fertility, ovulation, conception, pregnancy, parenting, motherhood, personal development and relationship building, menstruation, perimenopause, menopause, post-menopause, and women's health (including mental, emotional and reproductive health) and wellbeing.
The mark was filed in class 35 with following description of goods:
Human resources management
Customer care services
Sales account management
Management of customer loyalty, incentive or promotional schemes
Customer relationship management
Internet marketing
Providing business information, also via internet, the cable network or other forms of data transfer
Advertising, marketing and promotional services
Business administration services for processing sales made on the internet
Billing
SEO (search engine optimisation) positioning and SEM (search engine marketing) digital marketing services.
The mark was filed in class 42 with following description of goods:
Digital scientific services for enterprise resource planning [ERP] and customer relation management [CRM], as well as related research and design services
Industrial analysis, industrial research and industrial design services
Development of computer hardware and software in relation to enterprise resource planning [ERP] and customer relation management [CRM]
Electronic storage of archived e-mails
Electronic storage of documents and archived e-mails
Antispamming services
Hosting an online website for creating and hosting micro websites for businesses
Building and maintaining websites
Creating and maintaining the websites of others
Providing search engines for the internet
Providing search engines for obtaining data on a global computer network
Search engine design services
IT security, protection and restoration
Online data storage
Professional consultancy relating to computer security
None of the aforementioned services for, or used in connection with, social networking, the topics of womanhood, the life stages of womanhood, fertility, ovulation, conception, pregnancy, parenting, motherhood, personal development and relationship building, menstruation, perimenopause, menopause, postmenopause, and women's health (including mental, emotional and reproductive health) and wellbeing.
The mark was filed in class 45 with Registration of domain names [legal services] and Registration of domain names for identification of users on a global computer network..