The trademark was filed by EarthLink, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on September 10, 2006, and received one opposition filed on December 10, 2006 by Collective Licensing International LLC on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2006
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 26, 2008.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus
Including, full line of computer software, recorded on magnetic media and downloadable via the global computer network, including computer software for Internet, personal, home, business, institutional, entertainment, Internet security, and developer uses, namely, computer software for detecting, monitoring, and controlling of certain types of software on computer hard drivers, memory, and operating systems registries
Computer software for monitoring and controlling of computer browser-window activity and functioning, including the activation and closing of browser-window in the global computer network environment, an for improving viewing quality of images displayed in computer browser-window in the global computer network environment
Computer software for optimization of computer hardware and software performance and functioning, including performance and functioning within and without the global computer network
And computer software for Internet security and privacy, for management of computer user content, and for enhancement of computer user experiences within and without the global computer network.
The mark was filed in class 38 with following description of goods:
Telecommunications
Including, electronic data transmission, namely dissemination and facilitating downloading of computer software programs and applications, and other data, documents, and images relating to computer software programs and applications, via global computer networks to third-party and user computer stations
Dissemination and facilitating downloading of computer software programs and applications, and other data, documents, and images relating to computer software programs and applications, featuring encryption and decryption, via global computer networks to third-party and user computer stations.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Legal services
Including, computer services, including computer services provided via global computer network and other computer networks, namely, programming and software design and development services for a full line of computer software programs and applications
Consulting and technical support troubleshooting services in the field of design and user of computer programs, applications, and software, and use of computers, computer hardware, and computer systems.