The trademark Lowsoft used software licensing was filed by Lowsoft GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 13, 2023, and received one opposition filed on July 13, 2023 by ADH Trademark AG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BARON HEISE RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 13, 2023
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 003199526 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable and recorded content
Apparatus, instruments and cables for electricity
Safety, security, protection and signalling devices
Electrical and electronic components
Electrical circuits and circuit boards
Input modules
Computer hardware
Data communications hardware
Computer software, recorded
Data carriers for computers having software recorded thereon
Computer programmes for data processing
Downloadable email software
Downloadable software
Computer software applications, downloadable
Software.
The mark was filed in class 16 with following description of goods:
Printed matter
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Packaging materials
Adhesive packaging tapes
Cartons of cardboard for packaging
Book covers
Lining papers for packaging
Fiberboard boxes
Cardboard packaging
Bags [envelopes, pouches] of paper or plastics, for packaging
Stickers [stationery]
Cardboard packaging boxes in made-up form.
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Advertising, marketing and promotional consultancy, advisory and assistance services
Provision of advertising space, time and media
Digital advertising services
Direct marketing
Market campaigns
Referral marketing
Database marketing
Promotion services
Online advertisements
Retail services in relation to computers
Online retail services in relation to computers
Retail services in relation to e-books
Wholesale services in relation to e-books
Online retail services in relation to e-books
Retail services in relation to books
Wholesale services in relation to books
Online retail services in relation to books
Retail services in relation to software
Wholesale services in relation to software
Online retail services in relation to software
Wholesale services in relation to computer software packages
Online retail services in relation to computer software packages
On-line auctioneering services via the Internet
On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet
Providing on-line auction services
Provision of commercial information from online databases
On-line data processing services
Online ordering services
Provision of space on web-sites for advertising goods and services
Promotion, advertising and marketing of on-line websites
Commercial administration of the licensing of the goods and services of others.
The mark was filed in class 42 with following description of goods:
IT services
Testing, authentication and quality control
Hosting services, software as a service, and rental of software
IT security, protection and restoration
IT consultancy, advisory and information services
Rental of computer hardware and facilities
Software development, programming and implementation
Updating websites for others
Providing temporary use of on-line non-downloadable software development tools
Computer system analysis
Providing user authentication services using biometric hardware and software technology for e-commerce transactions
User authentication services using single sign-on technology for online software applications
IT project management
Rental and maintenance of computer software
Administration of user rights in computer networks
Server administration
Hosting of e-commerce platforms on the Internet
Consultancy relating to the creation and design of websites for e-commerce
Providing temporary use of on-line, non-downloadable software for use in publishing and printing
Hosting online web facilities for others for sharing online content
Providing online, non-downloadable software
Online data storage.
The mark was filed in class 45 with following description of goods:
Licensing authority services
Legal services
Licensing of printed matter
Licensing of computer software [legal services]
Licensing of databases
Legal administration of licences
Licensing industrial property rights
Licensing of intellectual property in the field of copyrights [legal services]