The trademark DIGITOP was filed by ACTIMARK, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 1, 2023, and received one opposition filed on August 1, 2023 by Publicis Groupe S.A. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 26, 2023.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business inquiries
Business information
Business networking services
Business management assistance
Management assistance in business affairs
Business management assistance
Business consultancy and advisory services
Business management and organization consultancy
Business assistance, management and administrative services
Business information services provided online from a global computer network or the internet
Business information services provided on-line from a computer database or the internet
Providing information about commercial business and commercial information via the global computer network
Services provided by a statistical, data processing and stenotypy agency
Book-keeping
Document reproduction
Employment agency services
Rental of typewriters and office equipment
Photocopies, Document reproduction
Machining, Laser printing, Word processing, File management, Addressing, enveloping
Rental of apparatus and equipment relating to reprography
Reprographic services
Rental of apparatus and Rental of equipment in relation to the following fields: Press.
The mark was filed in class 38 with following description of goods:
Transmission of digital information
News agency services
Transmission of information on-line
Data communication by electronic mail
Communication of information by electronic means
Transmission of information by electronic communications networks
Communication services for the transmission of information
Transmission of data, messages and information
Transmission of information via computers connected to the same telematic network
Electronic transmission of data
Digital communications services
Electronic communications services
Transmission of written communications (Electronic -)
Communications by television for meeting
Communications by computer terminals
Data communication services
Communications services for accessing a database
Consulting services in the field of electronic communications
Radio, telephone or telegraph communications services
Teleprinting
Transmission and dissemination of images, Transmission and dissemination of messages, Transmission and dissemination of information, Data transmission and data broadcasting By computer terminals, Via telematic means, Via communication networks such as the internet and Via any other means of telecommunications
Rental of access time to global computer networks
Provision of access to content, websites and portals
Telematic services
Rental services of time access to a computing data base.
The mark was filed in class 42 with following description of goods:
Design services relating to the reproduction of documents
Rental of memory space for websites
Hosting memory space for websites
Hosting an online website for creating and hosting micro websites for businesses
Consultancy services, in relation to the following fields: Creation and design of showcase websites
Hosting web sites
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media.