The trademark anny was filed by Anny GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 6, 2023, and received one opposition filed on June 6, 2023 by Argus Media Limited on Likelihood of confusion. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 6, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Partial Surrender of the trademark registration was recorded on January 11, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Accounting software
Business intelligence software
Student software
Reservation systems software
Software for arranging online transactions
Adaptive software
Software for evaluating customer behaviour in online shops
Cloud server software
Business performance management [BPM] software
Software to control building environmental, access and security systems
Electronic indicator panels
Display screens
Wearable displays
Web application and server software
Payment software
Web application software
Computer software designed to estimate resource requirements
Enterprise resource planning [ERP] software
Building management software
Building management system [BMS]
Optical scanners
Image scanning apparatus
Computer programmes for data processing
None of the aforementioned goods being used in the railway sector, nor for the benefit of railway infrastructure managers.
The mark was filed in class 35 with following description of goods:
Online ordering services
Consulting services in the field of Internet marketing
Online retail services for downloadable ring tones
Provision of an online marketplace for buyers and sellers of goods and services
Arranging of contracts, for others, for the providing of services
Procurement of contracts for the purchase and sale of goods and services
Arranging of contracts for the purchase and sale of goods and services, for others
Mediation of trade business for third parties
Negotiation and conclusion of commercial transactions for third parties
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Business administration consultancy
Arranging commercial transactions, for others, via online shops
Confirming scheduled appointments for others
Arranging of contractual [trade]services with third parties
Arranging of buying and selling contracts for third parties
Arranging subscriptions to Internet services
Subscriptions (arranging -) to a telematics, telephone or computer service [internet]
Rental of office equipment in co-working facilities.
The mark was filed in class 36 with following description of goods:
Brokerage of futures contracts
Brokerage
Real estate brokerage
Brokerage of futures
Real estate management services relating to commercial buildings
Building management
Real estate management services relating to office premises
Real estate management services relating to building complexes
Agencies or brokerage for renting of buildings
Apartment house management
Rental of real estate
Rental of offices for co-working
Bill payment services provided through a website
Handling of standing orders.
The mark was filed in class 41 with following description of goods:
Reservation services for concert tickets
Ticket reservation and booking services for education, entertainment and sports activities and events
Arranging for ticket reservations for shows and other entertainment events
On-line ticket agency services for entertainment purposes
Ticket reservation for cultural events
Ticket reservation and booking services for esports events
Booking of seats for shows
Booking of seats for entertainment events
Booking of sports facilities
Booking agency services for cinema tickets
Ticket procurement services for entertainment events
Ticket reservation and booking services for recreational and leisure events
Ticket reservation and booking services for music concerts
Reservation services for concert and theatre tickets
Ticket reservation and booking services for sporting events
Reservation services for theatre tickets
Ticket reservation and booking services for theater shows
Ticket reservation and booking services for entertainment events
Reservation services for show tickets
Ticket reservation and booking services for cultural events
Booking of seats for shows and booking of theatre tickets
Entertainment booking services
Ticket agency services [entertainment]
Ticket information services for esports events
Providing will-call ticket services for entertainment, sporting and cultural events
Box office services
Ticket procurement services for sporting events
Ticketing and event booking services
Ticket information services for shows
Ticket information services for sporting events.
The mark was filed in class 42 with following description of goods:
Cloud computing
Software design and development
Software creation
Software as a service [SaaS]
Computer software design
Software development
Computer software consultancy
Administration of websites for third parties
Creating and maintaining web sites for others
Installation, repair and maintenance of computer software
Installation and maintenance of computer programs
Maintenance of computer software
Consultancy and information services relating to the design, programming and maintenance of computer software
Consultancy and information services relating to software maintenance
Maintenance and updating of computer software
Design and development of operating software for accessing and using a cloud computing network
Programming of operating software for accessing and using a cloud computing network
Rental of operating software for accessing and using a cloud computing network
Consulting services in the field of software as a service [SaaS]
Cloud hosting provider services
Hosting services, software as a service, and rental of software
Hosting of e-commerce platforms on the Internet
Hosting of communication platforms on the internet
Programming of software for information platforms on the Internet
Programming of software for Internet platforms
Hosting platforms on the Internet
Constructing an internet platform for electronic commerce
Development of computer platforms
Hosting of transaction platforms on the internet
Programming of software for e-commerce platforms
Creation of computing platforms for third parties
None of the aforementioned services being used in the railway sector, nor for the benefit of railway infrastructure managers.