The trademark CAPTIVATEIQ was filed by CaptivateIQ, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on December 21, 2023, and received one opposition filed on March 10, 2024 by Captiva GmbH on Likelihood of confusion. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 10, 2024
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for designing, analyzing, processing, calculating, and managing incentive compensation
Downloadable business administration software relating to calculations, sales and commissions
Downloadable business management software relating to calculations, sales and commissions
Downloadable software for commission management
Downloadable software relating to staff, employee and contractor remuneration and compensation
Downloadable software for staff and personnel management
Accounting software
Software for business, finance and payment planning
Downloadable publications being business reports relating to calculations, sales and commissions
Software for creating business reports and analysing and organising data all relating to calculations, sales and commissions.
The mark was filed in class 35 with following description of goods:
Business consulting and advisory services related to sales and incentive compensation
Management, processing, compilation, analysis, verification and reporting, all relating to business data, sales data and sales commission data
Services for management and administration of sales, sales staff, personnel
Business management and administration services relating to business efficiency, business processes, business and sales accounting
Sales commission management services
Business planning services relating to sales and commissions
Provision of information, advisory and consultancy services in relation to the aforesaid services.
The mark was filed in class 41 with following description of goods:
Educational services, namely, providing workshops, seminars, webinars and blogs in the field of designing, analyzing, processing, calculating and managing incentive compensation
Education services being provision, presentation, writing, publication and publishing of on-line journals, namely, blogs in the nature of articles in the field of designing, analyzing, processing, calculating and managing incentive compensation
Presentation, writing, publication and publishing of on-line journals, namely, blogs in the nature of articles in the field of designing, analyzing, processing, calculating and managing incentive compensation
Journalism services, being provision, presentation, writing, publication and publishing of online journals, namely, blogs in the nature of articles in the field of designing, analyzing, processing, calculating and managing incentive compensation
Education and training services relating to business, business management, business efficiency and time management, business administration, commission management, sales management, revenue management, staff and personnel management, business reporting, accountancy, business platforms, data processing and analysis
Provision of information, advisory and consultancy services in relation to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Providing online, non-downloadable software and providing temporary use of non-downloadable software for designing, analyzing, processing, calculating, and managing incentive compensation
Software as a service (SAAS) services featuring software for designing, analyzing, processing, calculating, and managing incentive compensation
Providing online, non-downloadable software and providing temporary use of non-downloadable software relating to business management, business administration, commission management, staff and personnel management and remuneration, accounting, business finance and payment planning, business reports, data analysis
Software as a service (SAAS) services relating to business management, business administration, commission management, staff and personnel management and remuneration, accounting, business finance and payment planning, business reports, data analysis
Provision of information, advisory and consultancy services relating to the aforesaid services.