The trademark DINEXT was filed by Dinext. AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 6, 2023, and received one opposition filed on February 25, 2024 by DIN Deutsches Institut für Normung e.V. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PRINZ & PARTNER MBB PATENT- UND RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 25, 2024
The application was filed in German, and German 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 April 10, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software for cloud computing services
Cloud servers
Cloud server software
Cloud computing software
Downloadable cloud computing software
Cloud network monitoring software
Utility, security and cryptography software
Security software
Business intelligence software
Signal cables for IT, AV and telecommunication
Software
Computer software packages
Computer programmes for data processing
Application server software
File server software
Database server software
Print server software
Media server software
Adaptive software
Testware
Sensory software
Assistive software
Authentication software
Computer groupware
Downloadable software
Antivirus software
Interactive software
Extranet software
Software suites
Intranet software
Mail server software
Proxy server software
Communications server software
Social software
Networking software
Business software
Antispyware software.
The mark was filed in class 35 with following description of goods:
Business management
Marketing
Advertising
Business administration
Business administration
Updating and maintenance of data in computer databases
Updating of advertising material
Cost price analysis
Business inquiries
Banner advertising
Computerized file management
Compilation of statistics
Publication of publicity texts
Layout services for advertising purposes
Market analysis
Marketing research and analysis
Merchandising
Advertising by mail order
Market canvassing
Customer loyalty services for commercial, promotional and/or advertising purposes
Distribution of samples for publicity purposes
Providing business information via a web site
Procurement services for others [purchasing goods and services for other businesses]
Order placement via an online ordering system
Professional business and organisation consultancy with regard to the development and conducting of business cooperation and business-to-business concepts
Office functions
Data search in computer files for others
Advertising agencies, in particular the planning and design of advertising initiatives
Design of advertising materials
Web indexing for commercial or advertising purposes
Business information
Commercial administration of the licensing of the goods and services of others
Attracting customers and customer care by means of mail advertising (mailings)
Marketing, in particular including marketing on digital networks
Data search in computer files for others
Public relations services
Online e-commerce provider services, namely the presentation of goods and services, order placement, order delivery and invoice management
Online advertising on a computer network
Web site traffic optimization
Search engine optimization for sales promotion
Search engine optimisation
Organisational consultancy with regard to creating multimedia products, with regard to Internet and communications technology, and with regard to audio-visual productions
Organisational project management in the fields of computing and mobile communications
Pay per click advertising
Outsourced administrative management for companies
Outsourcing services [business assistance]
Employment agency services
Planning and design of advertising activities
Presentation of companies on the Internet and in other media for advertising purposes
Presentation of goods on communications media, including for retail purposes
Price comparison services
Production of advertising films
Production of publicity films and radio advertising
Research in databases and on the Internet, for others
News clipping services
Collecting information for business
Word processing
Sponsoring in the form of advertising
Systemization of information into computer databases
Telemarketing services
Dissemination of advertising matter
Organization of trade fairs for commercial or advertising purposes
Consumer consultancy
Writing of publicity texts
Sales promotion (for others)
Rental of advertising space, including on the Internet (banner exchange)
Publicity material rental
Rental of advertising time on communication media
Arranging and concluding commercial transactions, for others, via online shops, online platforms and virtual department stores
Arranging of trading and economical contacts, also over the Internet
Demonstration of goods
Advertising
Mediation of advertising
Advertising on the Internet, for others, including by means of banner advertising
Advertising, including on-line advertising on a computer network
Computerised data processing
Compilation of information into computer databases.
The mark was filed in class 42 with following description of goods:
Updating of computer software
Computer security consultancy
Computer technology consultancy
Information technology [IT] consultancy
Telecommunications technology consultancy
Consultancy with regard to the design of homepages and Internet pages
Telecommunications engineering consultancy
Web site design consultancy
Providing information on computer technology and programming via websites
Providing search engines for the internet
Cloud computing
Computer software consultancy
Computer system analysis
Software design for others
Computer system design
Design of home pages
Design of web pages
Services of an EDP programmer
Services provided by physicists, engineers or computer specialists
Computer virus protection services
Digitization of documents [scanning]
Electronic data storage
Development of software for Internet and intranet applications
Design and development of computer hardware and software
Design and development of computer hardware and software for online services for providing or exchanging information via the Internet, or for operating search engines or online portals with information provided via the Internet, in particular text data, image data, audio data or video data
Design and development of computer hardware and software for operating telecommunications services and digital services, in particular online services for communications via the Internet by means of text data, image data, audio data, speech data and/or video data
Design, maintenance and updating of a telecommunications network search engine
Computer programming
Design and development of software for providing online advertising and/or advertising on the Internet
Creating computer animations and animations for telecommunications equipment (programming)
Surveying
Greeting card services, anti-spam and anti-virus services by means of the creating, maintenance and adaptation of software
Off-site data backup
Creating and maintaining web sites for others
Graphic arts design
Monitoring of computer systems by remote access
Research and development of new products for others
Remote maintenance by means of computer-aided queries and configuration of technical installations via telephone lines
Hosting of Internet sites
Hosting computer sites [web sites]
Implementation of computer programs on networks
Installation of computer software
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Webpage design
Duplication of computer programs
Outsource service providers in the field of information technology
Network management, namely installation and maintenance of software for network systems
Quality management, namely technical planning, quality control and quality testing, for quality assurance in the field of information technology
Server administration
Server hosting
Security services for protection against illegal network access
Securing electronic data, in particular data in media libraries
Software as a service [SaaS]
Storage of websites, for others
Technical consultancy in the field of the Internet
Technical creation of multimedia presentations using software programs
Technical planning of IT workflow concepts
Technical planning of telecommunications networks with transmission and switching systems contained therein, including software for the related network operation
Conducting technical project studies
Technical monitoring of cable infrastructures, wide area networks, local area networks, telecommunications systems, building installations and special-purpose networks
Technical project management in the field of electronic data processing, including roll-out management and asset management
Technological consultancy
Technical writing
Rental and maintenance of memory space for use as websites for others (hosting)
Rental of computers and computer software
Computer rental
Rental of storage space on the Internet
Rental of web servers
Maintenance of computer software
Maintenance of software for Internet portals, for others
Recovery of computer data
Scientific and technological services and research and design relating thereto
Providing memory capacity for external use (web-housing)
Webhosting and providing memory space on the Internet
Providing webspace (webhosting)
Design of engineering products
Design and development of engineering products
Technical consultancy relating to product development
Hosting web sites
Research relating to the computerised automation of technical processes
Consulting services in the field of software as a service [SaaS]
Platforms for graphic design as software as a service [SaaS]
Software as a service [SaaS] featuring software for deep learning
Software as a service [SaaS] featuring software for machine learning
Platforms for artificial intelligence as software as a service [SaaS]
Hosting services, software as a service, and rental of software
Software as a service [SaaS] featuring software for deep neural networks
Software as a service [SaaS] services featuring software for machine learning, deep learning and deep neural networks
Consulting in the field of cloud computing networks and applications
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Providing virtual computer environments through cloud computing
Providing virtual computer systems through cloud computing
Cloud-based data protection services
Cloud hosting provider services
Public cloud hosting provider service
Private cloud hosting provider service
Cloud storage services for electronic data
Cloud storage services for electronic files
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
IT consultancy, advisory and information services
Consultancy and information services relating to information technology architecture and infrastructure
Consultancy in the field of security software
Computer programming services for electronic data security
IT security, protection and restoration
Programming of Internet security programs
Technical advice relating to safety
Safety technological testing services
Monitoring of computer systems for security purposes
Design and development of Internet security programs
Research relating to security
Provision of computer security risk management programs
Provision of security services for computer networks, computer access and computerised transactions