The trademark Blue Sky OPERATIONS was filed by Blue Sky Operations GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 1, 2024, and received one opposition filed on May 1, 2024 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Dentons Ireland and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 1, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Relative errors of the trademark registration was recorded on August 20, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for operating networks
Server operating softwares
Software for operating websites
Software for data exchange between existing software solutions
Software for VPN and firewall solutions
Software for video, image and sound monitoring of computer centres
None of the aforesaid goods relating to the following fields: Education, entertainment, On-demand television services, On radio, IPTV services, advertising services, sponsorship services, Weather forecasting and Home protection.
The mark was filed in class 38 with following description of goods:
Telecommunication services, Especially, Telecommunication services, in relation to the following fields: Development of interfaces (APIs)
Provision of information, in relation to the following fields: Telecommunication services and Communication via computer terminals
Rental of message sending apparatus and Data bank interconnection services
Telecommunication services, in relation to the following fields: Operating of networks for the transmission of information
Providing of internet provider services, Providing access to platforms on the Internet
Telecommunication services provided via Internet platforms and portals
Leasing access time to a computer database, Rental of access time to web portals
None of the aforesaid services being related to the following fields: Education, entertaining, On-demand television services, Broadcasting, IPTV services, Advertising services, Sponsorship services, Forecasting (weather -) and Home protection.
The mark was filed in class 42 with following description of goods:
Network planning
Monitoring of networks and servers
Network operations, Providing of servers
Server administration
Launching of new software
Migrating existing software
Optimisation of software processes
Planning of data exchange between existing software solutions
Network monitoring, monitoring of servers, Server and network administration
Providing of VPN and firewall solutions
Video, image and sound monitoring of computer centres
Building and administration of distribution networks, including digital distribution networks, for the sale of goods and services to others
Network planning, Design and development of networks
Launching of new software solutions
Migrating existing software to new systems
Optimisation of software processes
Development and support of data exchanges between various software solutions
Providing of hosting services, including CRM, electronic mail servers, cloud services, web GIS, web servers, chat platforms, learning platforms
Providing of captive portal and hotspot solutions
Development and operation of data protection and security concepts
Back-up of servers
Operation of computer centres
Rental of database management software
Development of databases
Computer programming and maintenance of computer programs
Updating, design and rental of software
Computer rental
Computer and computer software consultation
Development of software solutions and/or software building kits for the digitalisation or automation of analogue or manual business processes
None of the aforesaid services relating to the following fields: Education, entertaining, On-demand television services, Broadcasting services, IPTV services, advertising services, sponsorship services, Weather forecasting and Home protection.