The trademark was filed by Terago Communications, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 24, 2002, and received one opposition filed on February 23, 2003 by Myrio Corporation on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PLESNER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 23, 2003
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computers, computer hardware and computer software, parts and fittings for all the aforesaid goods
Computer peripherals
Electronic publications (downloadable)
Computer hardware and computer software for database management, computer programs
Computer software and publications in electronic form (downloadable) supplied on-line from databases, from facilities provided on a global computer network or the Internet
Interactive computer software, apparatus for searching electronic information from a global computer network or the Internet
Routing and networking hardware and software
Integrated circuits
Software for controlling and using integrated circuits
Communications hardware
Hardware and software to determine the content of information/data being transferred
Network equipment
Hardware and software for facilitating packet processing and packet transfer.
The mark was filed in class 38 with following description of goods:
Telecommunications services
Provision of on-line communications services
Communications via a global computer network or the Internet
Electronic mail, message sending and receiving services
Broadcasting services
Provision of web pages
Transmission and distribution of data or audio visual images via a global computer network or the Internet.
The mark was filed in class 42 with following description of goods:
Computer hardware and software consulting services
Computer programming
Support and consultation services for managing computer systems, databases and applications
Graphic design for the compilation of web pages on the Internet
Information relating to computer hardware or software provided on-line from a global computer network or the Internet
Creating and maintaining web-sites
Hosting the web-sites of others
Leasing access time to a computer database
Consulting and design services relating to routing, networking and communications hardware and software, integrated circuits, and computer networks.