The trademark CLEVER B2B was filed by 11880 Solutions AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 13, 2023, and received one opposition filed on February 13, 2024 by CLEVER ADVERTISING, LDA on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by PATENTREE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, in particular online advertising for computer networks and websites
Advertisement for others on the Internet
Office functions
Public relations services
Presentation of companies on the Internet and other media
Planning and design of advertising activities
Sponsoring in the form of advertising
Telemarketing services
Administrative data processing
Compilation, updating and maintenance of data in databases
Search engine marketing services
Search engine optimisation, Namely of Marketing for improving the visibility of websites on search engines and/or for improving the ranking of websites in the search results of search engines
Database management for professional business purposes, being available for others on a global computer network and databases in other communications networks
Recording, updating and maintenance of commercial and user-related data in databases, including being address directories provided via a global computer network according to user preferences
Creating of indexes of business-related information available via global computer networks, for others
Consultancy and information in relation to the aforesaid services, included in this class
Advertising agency services
Provision of business information
Consumer information
Business analysis, research and information services
Computerized file management
Auctioneering services
Writing and distribution of publicity texts
Publication and updating of publicity texts
Preparation of advertisements, Compilation of advertisements
Compilation of advertisements for use as web pages on the Internet
Advertising by mail order
Dispatch of advertisments
Distribution and dissemination of advertising matter and advertising material (flyers, pamphlets, prospectuses and samples)
Production of advertising films.
The mark was filed in class 38 with following description of goods:
Telephone services
Wireless telephone exchange services
Provision of access to content, websites and portals
Providing access to portals on the Internet
Providing of online communications links for forwarding website users to other local and global websites
Providing online chat rooms and electronic bulletin boards
Audio, text and video broadcasting services over computer or other communication networks namely, uploading, posting, displaying, tagging, and electronically transmitting data, information, audio and video images
Providing of online network services for enabling transfer of personal user identity data to multiple websites and for sharing personal identity data with and among multiple websites
Electronic transmission of images (Services for the -) and Electronic transmission of image data for the benefit of others
Telecommunications access services
Providing telecommunication channels for teleshopping services
Providing chatlines, chatrooms and electronic forums on the Internet
Transmission of electronic mail
Rental of telecommunications apparatus and installations
Computerised consultation of telephone directories
Information about telecommunication
Press agencies
Information, consultancy and advisory services relating to telecommunications services
Collection and delivery of messages, Including via platforms and portals on the internet
Providing of access to directories containing information, websites and databases, all the aforesaid for professional business purposes, being available for others via global computer networks
Providing of access to information relating to news, cultural and academic topics from searchable directories and databases containing information, via computer and communications networks
Providing user access to computer programmes in data networks
Provision of central switching services for electronic communications networks.
The mark was filed in class 42 with following description of goods:
Computer services
Providing search engines for the internet
Creation of web pages
Installation of computer software
Searching in databases and on the internet, for others, for science and research
Hosting web sites
Technical consultancy
Scientific and technological services and research and design relating thereto
Hosting the web sites of others on a computer server for a global computer network
Rental of webservers
Providing web space (webhosting)
Providing of memory space on the Internet
Providing of temporary use of non-downloadable computer software via data networks
Design and implementation of websites on social networks, for others
Software development, programming and implementation
Illustration and graphic design services for computer graphics
Creation and design of background noise (sound design) for software
Creation and design of computer animations, in particular development of data processing programs and application software for mobile telephones, in particular smartphones, smartphones in the form of wristwatches, mobile radio apparatus, personal digital assistants (PDAs), portable computers and games consoles
Creating home pages
Design of network pages
Technological services in relation to computers for creating and compiling data, texts, images and graphics, audio, music and films, for others (all of the aforesaid for creating software)
Creation of internet portals [software programming]
Electronic storage of websites for others
Updating of computer programs
Consultancy in the field of computers
Design and programming of Internet websites to be launched online
Development and production of computer application in the fields of art and culture
Consultancy with regard to the design of Internet pages
Research and development (for others)
Development of databases
Providing of a platform on the internet for rating services.