OPPOSITION DIVISION
OPPOSITION Nо B 3 008 813
Telefónica Germany Gmbh & Co. OHG, Georg-Brauchle-Ring 50, 80992 München, Germany (opponent), represented by Müller Fottner Steinecke Rechtsanwälte PartmbB, Elisenstraße 3, 80335 München, Germany (professional representative)
a g a i n s t
Saša Janićijević, Gundulićeva 3, 10 000 Zagreb, Croatia (applicant)
On 30/07/2021, the Opposition Division takes the following
DECISION:
1. |
Opposition No B 3 008 813 is partially upheld, namely for the following contested goods and services:
Class 9: All the goods in this Class.
Class 35: All the services in this Class, except for arranging of auction sales; arranging of auctions; arranging and conducting of Internet auctions; auction and reverse auction services; auction sales (arranging of -); auctioneering provided on the internet; auctioneering services provided via telecommunication networks; on-line auctioneering; on-line auction bidding for others; arranging and conducting auctions; arranging and conducting of auctions and reverse auctions via mobile telephones; arranging and conducting of auctions and reverse auctions via computer and telecommunication networks; arranging and conducting of telephone auctions; on-line auctioneering services via the Internet; on-line trading services in which seller posts products to be auctioned and bidding is done via the Internet; conducting of auction sales; auctioning via telecommunication networks; carrying out auction sales; conducting interactive virtual auctions; organisation of internet auctions; providing on-line auction services; telephone and television auctions.
Class 38: All the services in this Class.
Class 42: All the services in this Class, except for product quality testing services; product safety testing.
|
2. |
European Union trade mark application No 17 351 214 is rejected for all the above goods and services with the exception of those specifically mentioned above in Classes 35 and 42. It may proceed for those services as indicated under 1.
|
3. |
Each party bears its own costs. |
On
14/12/2017, the opponent filed an opposition against all the goods
and services of European Union trade mark application No 17 351 214
´HLOOP´ (word mark) namely against all the goods and services in
Classes 9, 35, 38 and 42. The opposition is based on European
Union trade mark registration EU No 13 371 463,
(figurative mark) and German trade mark registration No 30 069 384
´LOOP´ (word mark). The opponent invoked Article 8(1)(b)
EUTMR.
PROOF OF USE
In accordance with Article 47(2) and (3) EUTMR, if the applicant so requests, the opponent must furnish proof that, during the five-year period preceding the date of filing (in the present case 16/10/2017) or, where applicable, the date of priority of the contested trade mark, the earlier trade mark has been put to genuine use in the territories in which it is protected in connection with the goods or services for which it is registered and which the opponent cites as justification for its opposition, or that there are proper reasons for non-use. The earlier mark is subject to the use obligation if, at that date, it has been registered for at least five years. The same provision states that, in the absence of such proof, the opposition will be rejected.
On 19/11/2018, the applicant requested that the opponent submit proof of use of the earlier German trade mark registration No 30 069 384, one of the marks on which the opposition is based.
However, the German trade mark registration No 30 069 384 was finally registered on 17/01/2017 after the conclusion of the opposition proceedings. Therefore, the request for proof of use is inadmissible as this earlier mark is not under any proof of use requirement.
LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs, and the relevant public.
The goods and services on which the opposition is based are the following:
1) EUTM registration No 13 371 463 (earlier mark 1)
Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, 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 and/or reproduction of sound and/or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; data storage devices; chip cards, encoded electronic chip cards, SIM cards, USB flash drives; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment; data processing apparatus; fire-extinguishing apparatus; telecommunications equipment, in particular for the fixed network and mobile radio sectors; computers; computer software; clothing for protection against accidents, irradiation and fire; head protection; spectacles, spectacle lenses, sunglasses, protective goggles and cases therefor; contact lenses; downloadable electronic publications; magnets, magnetic cards; encoded cards; parts and attachments for the aforesaid goods, not included in other classes.
Class 38: Telecommunications; rental of telecommunication equipment; Network provider services, namely rental of access time to data networks, in particular the internet; providing access to data networks and databases; telecommunication services for access to databases; providing access to databases; broadcasting services; leasing and/or rental of access time to computer databases.
Class 42: Scientific and technological services and research and design relating thereto; Industrial analysis and research services; design and development of computer hardware and software; electronic data processing consultancy; engineering services; technical advice and consultancy; preparation of data processing programmes; services of an EDP programmer; hiring out data processing equipment; rental of computers and software; hiring out data processing equipment; computer system design; computer system analysis; conversion of computer programmes and data (other than physical alteration); hosting of internet sites; technical monitoring of telecommunications network systems; information broker and provider services, namely research with regard to new products, for others; meteorological forecasting; technical planning of telecommunications equipment.
2) German trade mark registration No 30 069 384 (earlier mark 2)
Class 35: Advertising; providing commercial information in commercial business matters; business management; exhibitions and trade fairs for commercial or advertising purposes; personnel management consultancy; advertising and marketing for others, in particular in digital networks (webvertising); web consulting, namely employment agencies via digital networks; business administration; office functions; arranging of business relationships in the field of electronic-commerce and electronic-business.
Class 41: Education; training; entertainment; sporting and cultural activities; publication and edition of books, newspapers and magazines; organising and managing fairs for cultural purposes.
Following a partial rejection of the contested application in opposition decision B 3 024 441 of 15/03/2019 and Board of Appeal decision R 1021/2019-4 of 29/10/2020, the contested goods and services are the ones as listed in an annex to this decision, due to its length.
The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.
The applicant claims that its activities on the market are unrelated to those of the opponent and that fact allegedly distinguish the conflicting goods and services. In particular, the applicant claims that the opponent is active in the field of telecommunication, whereas the applicant aims its goods and services at employees and employers in the pharmaceutical industry as an online recruitment platform. In this regard, it should be pointed out that the comparison of the goods and services must be based on the wording indicated in the respective lists of goods and/or services. The actual or intended use of the goods and services which is not stipulated in the list of goods and/or services is not relevant for the examination (16/06/2010, T-487/08, Kremezin, EU:T:2010:237, § 71). Consequently, the applicant’s claim must be set aside.
As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR, goods or services are not regarded as being similar to or dissimilar from each other on the ground that they appear in the same or different classes under the Nice Classification.
An interpretation of the wording of the list of goods and services is required to determine the scope of protection of these goods and services.
The term ‘in particular’, used in the applicant’s and opponent’s lists of goods and services, indicates that the specific goods and services are only examples of items included in the category and that protection is not restricted to them. In other words, it introduces a non-exhaustive list of examples (09/04/2003, T‑224/01, Nu‑Tride, EU:T:2003:107).
However, the term ‘namely’, used in the applicant’s and opponent’s list of goods and services to show the relationship of individual goods and services to a broader category, is exclusive and restricts the scope of protection only to the goods and services specifically listed.
Contested goods in Class 9
These goods are compared with the goods in Class 9 of the earlier mark 1).
First of all, the Opposition Division wishes to point out that, contrary to the applicant’s arguments, the term ´computer software´ as listed in the opponent’s earlier European trade mark registration (1) is considered synonym to ´software´ and consequently, covers all types of software.
In this respect, reference is also made to the explanatory notes of the Nice Classification 10th Edition, version 2014 (applicable to the case at hand), where it is clarified that the term “computer software” from the Class heading of Class 9, in particular includes:
• all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network.
Based on this explanation, the following contested goods are included in the opponent’s broader category of computer software and should consequently be found identical:
adaptive software; application software; application software for televisions; computer application software; application software for smart phones; application software for smart TV; application software for cloud computing services; application software for mobile phones; application software for wireless devices; computer application software for mobile phones; computer application software for mobile telephones; application software for social networking services via internet; computer application software for use with wearable computer devices; computer application software for use in implementing the Internet of Things [IoT]; augmented reality software; augmented reality software for use in mobile devices; assistive software; augmented reality software for creating maps; augmented reality software for use in mobile devices for integrating electronic data with real world environments; authentication software; bioinformatics software; BIOS software; business management software; biometric identification systems; business technology software; chemical engineering software; civil engineering software; cartridges [software] for use with computers; cloud computing software; cloud network monitoring software; CMS software [Content management system]; communication software; communication software for connecting global computer networks; communication software for connecting computer network users; communications software; community software; compiler software; compilers; computer-aided design (CAD) software; computer-aided manufacturing software; computer antivirus software; computer application software for TV; computer communication software to allow customers to access bank account information and transact bank business; computer e-commerce software; computer firewall software; computer firmware; computer graphics software; computer groupware; computer interface software; computer interfaces; computer operating systems; computer programmes for data processing; computer programmes for document management; computer programmes for image processing; computer software for accessing computer networks; computer programmes for use in telecommunications; computer programmes relating to local area networks; computer programmes relating to financial matters; computer programs for accessing and using the internet; computer programs and software for image processing used for mobile phones; computer programs for accessing, browsing and searching online databases; computer programs for document management; computer programs for connecting remotely to computers or computer networks; computer programs for enabling access or entrance control; computer programs for the enabling of access or entrance control; computer programs for network management; computer programs for project management; computer programs for processing digital music files; computer programs for searching remotely for content on computers and computer networks; computer programs for searching the contents of computers and computer networks by remote control; computer programs for user interface design; computer programs for using the internet and the worldwide web; computer programs used for electronic cash register systems; computer search engine software; computer shareware; computer software for controlling and managing access server applications; computer software designed to estimate costs; computer software designed to estimate resource requirements; computer software development tools; computer software for accessing information directories that may be downloaded from the global computer network; computer software for accessing databases; computer software for accessing, browsing and searching online databases; computer software for advertising; computer software for analysing market information; computer software for application and database integration; computer software for audibly controlling a computer and the operation thereof; computer software for authorising access to data bases; computer software for biometric systems for the identification and authentication of persons; computer software for business purposes; computer software for cellular phones; computer software for communication between computers over a local network; computer software for communicating purposes between microcomputers; computer software for communicating with users of hand-held computers; computer software for computer aided software engineering; computer software for controlling the operation of audio and video devices; computer software for converting document images into electronic formats; computer software for creating searchable databases of information and data; computer software for creating dynamic websites; computer software for creating and editing music and sounds; computer software for database management; computer software for document management; computer software for electronic bulletin boards; computer software for encryption; computer software for generation of typefaces and fonts; computer software for inter-network accounting in the telecommunications field; computer software for interpreting fingerprints or palm prints; computer software for organizing and viewing digital images and photographs; computer software for producing financial models; computer software for processing market information; computer software for processing digital images; computer software for the processing of positioning data; computer software for scanning images and documents; computer software for the monitoring of computer systems; computer software for the collection of positioning data; computer software for the compilation of positioning data; computer software for the transmission of positioning data; computer software for the dissemination of positioning data; computer software for the remote control of office machines and equipment; computer software for time control; computer software for use in computer access control; computer software for use in computer network access control; computer software for use in programming facsimile machines; computer software for use in medical decision support systems; computer software for use in migrating between different computer network operating systems; computer software for use in creating and designing websites; computer software for use as an application programming interface (API); computer software for use in providing multiple user access to a global computer information network; computer software for wireless network communications; computer software for wireless content delivery; computer software in the field of electronic publishing; computer software programs for database management; computer software programs for spreadsheet management; computer software relating to financial history; computer software relating to the medical field; computer software relating to the handling of financial transactions; computer software that assists computers in deploying parallel applications and performing parallel computations; computer software to automate data warehousing; computer software to enable the searching of data; computer software to enable searching of data; computer software to enable the transmission of photographs to mobile telephones; computer software to enable teleconferencing, videoconferencing and videophone services; computer software to enable retrieval of data; computer software to enable the provision of information via communications networks; computer software to enable the provision of electronic media via communications networks; computer software to enable the provision of information via the Internet; computer software to enable browsing on global computer networks; computer software to enable the provision of electronic media via the Internet; computer software to enable searching and retrieval of data; computer software to enhance the audio-visual capabilities of multimedia applications; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; computer software to maintain and operate computer system; computer telephony software; computer utility programs [program performs computer maintenance work]; computer utility programs for computer maintenance; computer utility programs for data compression; computer utility programs for file management; downloadable computer utility programs; computer whiteboard software; control segment integration software; data and image processing software for making three dimensional models; data communications software; controlling software for computer printers; data compression software; data processing programs; decoder software; desktop publishing software; development kits; data processing software; data processing software for word processing; data processing software for graphic representations; data storage programs; database management software; devkits; digital telephone platforms and software; downloadable mobile applications for the management of data; downloadable mobile applications for the management of information; downloadable mobile applications for the transmission of information; downloadable mobile applications for the transmission of data; downloadable software applications for use with three dimensional printers; downloadable cloud computing software; downloadable computer programs; downloadable computer security software; downloadable computer utility software; downloadable computer software for remote monitoring and analysis; downloadable computer software for the transmission of data; downloadable computer software for the management of data; downloadable email software; downloadable instant messaging software; downloadable mobile applications for use with wearable computer devices; editing software; e-commerce software; electrical engineering software; electromechanical software; electronic blackboards; electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; electronic mail and messaging software; encoded programs; encryption software; facial analysis software; facial recognition software; file sharing software; file synchronization software; financial management software; firmware; freeware; gesture recognition software; graphical user interface software; graphics software; graphics accelerators; image recognition software; industrial software; instant messaging software; interactive computer software; interactive computer software enabling exchange of information; interactive computer software that provides navigational and travel information; interactive multimedia computer programs; interactive video software; interfaces for computers; interface software; internet messaging software; internet access software; lAN [local area network] operating software; maintenance software; media software; middleware; middleware for management of software functions on electronic devices; mobile device management software; mobile software; monitors [computer programs]; multimedia software; network management computer software; network management software; network operating system programs; network operating systems programs; noise cancellation software; on-premise management software; operating system programs for smart TV; operating system programs for smart television; operating system programs for smartphones; optical data carriers bearing recorded software; personal computer application software for document control systems; personal computer application software for managing document control systems; predictive maintenance software; privacy software; privacy protection software; process controlling software; science software; security software; sensory software; simulation software; simulation software for use in digital computers; software development kit [SDK]; software development tools; software drivers; software for arranging online transactions; software for card readers; software for commerce over a global communications network; software for conducting general meetings; software for debt recovery; software for designing online advertising on websites; software for diagnostics and troubleshooting; software for embedding online advertising on websites; software for ensuring the security of electronic mail; software for interactive television; software for mobile phones; software for mobile device management; software for network and device security; software for online messaging; software for operating an online shop; software for processing digital images; software for processing images, graphics and text; software for optical character recognition; software for remote diagnostics; software for renting advertising space on websites; software for satellite navigation systems; software for searching and retrieving information across a computer network; software for tablet computers; software for televisions; software for the analysis of business data; software for the control of stage lighting apparatus and instruments; software for the processing of business transactions; software platforms to allow users to collect money; software related to handheld digital electronic devices; speech analytics software; speech recognition software; spelling verifiers; table representation software; tax preparation software; telecommunications software; unified communications software; UPI [universal peripheral interface] software; USB operating software; USB [universal serial bus] operating software; utility programs for performing computer system diagnostics; utility software; video accelerators; virtual reality software; virtual reality software for medical teaching; voice recognition software; VPN [virtual private network] operating software; WAN [wide area network] operating software; website development software; workflow applications; workflow software; workout logging software; communications processing computer software; computer operating programs; computer operating programmes; computer operating programs, recorded; computer operating system programmes; operating computer software for main frame computers; computer operating software; computer operating system software; recorded computer operating programs; computer software adapted for use in the operation of computers; embedded operating software; integrated software packages; network access server operating software; operating software; operating system software; operating system programs.
The contested downloadable electronic greeting cards for sending by regular mail; downloadable printable planners and organizers; printing fonts that can be downloaded provided by means of electronic transmission; are included in, or overlap with, the opponent's broad category of downloadable electronic publications. Therefore, they are identical.
The contested computer interface apparatus; communications equipment; electronic communications instruments; electronic diaries; electronic notebooks; electronic organizers; electronic personal organizers; electronic personal organisers; humanoid robots with artificial intelligence; encoders; speech processors; speech recognisers; speech recognition apparatus; voice processors; are included in the opponent's broad category of data processing equipment. Therefore, they are identical.
The contested industrial controls incorporating software is included in the opponent's broad category of checking (supervision) apparatus and instruments. Industrial controls encompass several types of control systems and associated instrumentation used for industrial process control by way of supervision. Therefore, these goods are identical.
The contested firmware for computer peripherals is also included in the opponent's broad category of computer software. In computing, firmware is a specific class of computer software that provides the low-level control for a device's specific hardware. Therefore, these goods are identical.
The contested exposed film; exposed sensitized films; films, exposed; sensitised films (exposed -); sensitized films, exposed; photosensitive media [films, exposed] are similar to the opponent's apparatus for recording, transmission and/or reproduction of images, which include e.g. camera’s, because the goods are strictly complementary, offered together in the same place and target the same public (i.e. photographers).
Contested services in Class 35
Contrary to the applicant’s arguments, based on the natural meaning of the opponent’s broad categories of business management, business administration, office functions of earlier trade mark 2) the following services are all included in either of those categories and therefore to be found identical.
Accountancy, book keeping and auditing; accounting services for mergers and acquisitions; consultancy and information services relating to accounting; accountancy; accountancy services; accountancy advice relating to taxation; accountancy advice relating to tax preparation; accountancy advice relating to the preparation of tax returns; accountancy services relating to accounts receivable; tax advice [accountancy]; tax consultancy [accountancy]; accounting; accounting advisory services; accounting consultancy relating to taxation; accounting for third parties; accounting services; accounting, in particular book-keeping; accounting services for pension funds; accounting services relating to costs for farming enterprises; accounting services relating to tax planning; computerized accounting services; business accounting advisory services; tax return advisory [accountancy] services; accounts (preparation of -); administration, billing and reconciliation of accounts on behalf of others; administrative accounting; accounts (drawing up of statements of -); advice on tax preparation; advisory services relating to tax preparation; auditing of accounts; book-keeping; balance sheet accounting; bookkeeping for electronic funds transfer; business accounts management; computerised accounting (maintenance of -); computerised accounting (preparation of -); computerised auditing; computerised book-keeping; computerised tax assessments (preparation of -) [accounting]; computerised business records keeping; consultancy relating to auditing; consultancy relating to tax accounting; consulting and information concerning accounting; health care cost management; cost management accounting; cost accounting; preparation of tax declarations; preparation of tax returns; tax returns (preparation of -); preparation of income tax returns; preparation of documents relating to taxation; preparation of statements of accounts; tax assessment preparation; tax assessment [accounts] preparation; tax consultations [accountancy]; tax declaration procedure services; tax filing services; tax planning [accountancy]; tax preparation; tax preparation and consulting services; tax return preparation; taxation [accountancy] consultation; taxation [accountancy] consultancy; taxation [accountancy] advice; tracking and monitoring energy consumption for others for account auditing purposes; tracking and monitoring fluctuation in gasoline prices for others for account auditing purposes; automated data processing; advisory services relating to data processing; advisory services relating to electronic data processing; administrative services relating to credit card registration; compilation and systematisation of information in databanks; compilation and input of information into computer databases; compilation of data in computer databases; compilation of information onto computer databases; compilation of information into computerised registers; compilation of information into computer databases; computer databases (compilation of information into -); collating of data in computer databases; business file management; business consultancy services relating to data processing; computer data processing; computer database management; computer database management services; computerized database management; computerised database management services; computerized database management services; computer databases (systemization of information into -); computer file management; computerised file management; computerized file management; management (computerized file -); file management (computerized -); management of computer files; management of computerised files; computerised business information retrieval; computerised business information processing services; computerised data management; computerised data-base management; computerised data processing; computerised data verification; data-base management (computerised -); computerised register management; consultancy relating to data processing; credit card registration services; data entry and data processing; data inputting services; data management; data management services; database management; database management services; data processing; data processing for businesses; data processing for the collection of data for business purposes; data processing management; data processing services; data processing services in the field of healthcare; data processing services in the field of payroll; data processing verification; data retrieval services; data search in computer files for others; data searches in computerised files for others; electronic data processing; information services relating to data processing; management and compilation of computerised databases; management of computer databases; on-line data processing services; processing of business survey results; systematization of data in computer databases; systemisation of information into computer databases; systemization of information into computer databases; administrative services relating to the relocation of personnel; advice relating to personnel management; advisory services relating to personnel recruitment; advisory services relating to personnel placement; consultancy and advisory services relating to personnel management; consultancy and advisory services relating to personnel recruitment; consultancy and advisory services relating to personnel placement; assistance relating to recruitment and placement of staff; auditioning of performing artists [selection of personnel]; business advisory services provided to determine pay and grading structures; business advisory services to determine pay and grading structures by job evaluation; business organisation and management consultancy in the field of personnel management; business recruitment consultancy; career advisory services (other than education and training advice); career information and advisory services (other than educational and training advice); career networking services; career placement; career placement consulting services; career planning consultancy; clerical employment agency services; collection of personnel information; conducting employee incentive award programs; consultancy of personnel recruitment; consultancy relating to management selection; consultancy relating to personnel management; consultancy relating to the management of personnel; consultancy relating to the selection of personnel; consultancy relating to personnel recruitment; dissemination of information relating to the recruitment of graduates; employee leasing; employee record services; employee relocation services; employment agency services for personnel in general office positions; employment agencies; employment agency services; employment agency services provided for nannies; employment agency services relating to nurses; employment agency services for temporary work assignments; employment agency services the provision of staff for the manning of show houses; employment agency services for people skilled in the use of computers; employment agency services relating to placement of medical and nursing personnel; employment agency services relating to bilingual staff; employment agency services relating to au pairs; employment booking services for performing artists; employment booking services for film television technicians; employment consultancy; employment consultancy services; employment consultancy services relating to data processing personnel; employment bureau services; employment counselling; employment counselling and consultancy services; employment counselling services; employment management services for film television technicians; employment outplacement services; employment placement services for butlers; employment placement services for personal assistants; employment placement services for housekeepers; employment recruiting consultancy; interviewing services [for personnel recruitment]; internship placement services; information services relating to jobs and career opportunities; human resources management; human resources consultancy; human resources consultation; headhunting services; executive selection services; executive search and selection services; executive search services; executive search and placement services; executive recruitment services; employment recruiting services; employment recruitment; evaluation of personnel requirements; executive placement services; executive recruiting services; job agency services; job agency services for medical personnel; job agency services for para-medical personnel; job placement; job placement consultancy; job and personnel placement; job matching services; labor exchanges; management consultancy (Personnel -); personnel management consultancy; personnel management consultancy services; personnel management and employment consultancy; labour exchange services; matching skilled volunteers with non-profit organisations; model recruitment agencies; nanny placement services; office support staff recruitment services; organising and conducting job fairs; permanent staff recruitment; personal management consultancy services; personality testing for recruitment purposes; personality testing for the selection of personnel; personnel agency services relating to the electronics industry; personnel consultancy; personnel recruitment consultancy; personnel placement consultancy; personnel management; personnel management advice; personnel management assistance; personnel management assistance services; personnel management consultation; personnel management consulting; personnel management for advertising purposes; personnel management of marketing personnel; personnel management of sales personnel; personnel management services; personnel resources management; personnel placement; personnel placement and recruitment; personnel placement services; placement of permanent personnel; placement of temporary personnel; personnel recruitment; personnel recruitment advertising; personnel recruitment agency services; personnel recruitment services and employment agencies; personnel recruitment services; recruitment of personnel; recruitment of flight personnel; recruitment of airline personnel; recruitment of high-level management personnel; personnel relocation; personnel selection [for others]; personnel services; publicity personnel management services; personnel selection using psychological testing; placement of design staff; placement of staff; preparation of résumés for others; professional consultancy relating to personnel management; professional recruitment services; providing employment information; providing employment counseling services; providing employment information via a global computer network; providing information relating to personnel recruitment; providing information relating to employment recruitment; providing information relating to employee relocation services; providing recruitment information via a global computer network; providing temporary office support staff; provision of administrative staff; provision of advice relating to the recruitment of graduates; provision of commission sales staff; provision of contract sales forces; provision of information relating to recruitment; provision of nominee company directors; provision of sales staff; psychometric testing for the selection of personnel; psychological testing for the selection of personnel; recruiting of office support staff; recruitment advertising; recruitment and placement services; recruitment consultancy services; recruitment consultancy for lawyers; recruitment consultancy for legal secretaries; staff recruitment consultancy services; recruitment consultants in the financial services field; recruitment of executive staff; recruitment of airport ground staff; recruitment of computer staff; recruitment of temporary personnel; recruitment of temporary technical personnel; recruitment (personnel -); recruitment services; staff recruitment services; recruitment services for sales and marketing personnel; relocation services (employee -); secretarial employment services; secretarial employment agency services; selection of personnel; selection of executive personnel; testing (psychological -) for the selection of personnel; selection of staff; serving as a human resources department for others; staff placement services; staff recruitment; staff utilisation planning; support for employees with regard to business matters; talent agency services [business management of performing artists]; temporary assignment of personnel; temporary assignment of employees; temporary employment agencies; temporary personnel employment services; temporary personnel services; temporary placement of employees (services for the -); testing to determine employment skills; testing to determine professional competency; testing to determine job competency; theatrical casting agency; work analysis to determine worker skill sets and other worker requirements; writing of résumés for others; writing of curriculum vitae for others; addressing envelopes; addressing of envelopes; administrative services relating to the management of legal dockets; appointment scheduling services [office functions]; appointment reminder services [office functions]; bill presentment services; billing services; billing; billing services in the field of energy; billing services in the field of healthcare; business invoicing services; business secretarial services; clerical services for making appointments; clerical services for the handling of enquiries; company office secretarial services; computerised inventory preparation; computerised inventory control; computerised payroll preparation; computerised stock management; computerized word processing; conference call transcription services; confirming scheduled appointments for others; copying of documents; copying of documents for others; copying services; data transcription; document preparation; document reproduction; electricity meter reading for billing purposes; electronic stock management services; execution of stenographic work to order; initiating telephone calls for others; inserting printed matter into envelopes; inventories (Preparation of -); preparation of inventories; inventory control; inventory management; inventory management services; inventory management of parts and components for manufacturers and suppliers; invoicing; invoicing services; document reproduction [photocopying services]; maintenance of registers [for others]; medical billing; medical billing services for doctors; medical billing services for hospitals; message transcription; payroll preparation; preparation of payrolls [for others]; payroll assistance; payroll advisory services; office management services [for others]; office administration services [for others]; payroll processing services [for others]; maintenance of personnel records [for others]; key return registration; keypunching [office functions]; mail sorting, handling and receiving; preparation of invoices; photocopying; photocopying services; preparation of mailing lists; preparation of pay packets; preparation of wage slips; processing warranty registration documents for others; processing (word -); word processing; word processing services; word processing and typing services; provision of clerical and secretarial services; provision of initial company secretarial services on company formation; provision of secretarial services; registration and transcription of written communications; reproduction (document -); reproduction services (document -); reproduction of drawings; reproduction of files [paper]; reproduction of records [paper]; reprographic services; secretarial services; secretarial and clerical services; shorthand secretarial services; secretarial services provided by hotels; secretariat services; shareholder record keeping services; shorthand; shorthand services; shorthand typing; stenographic transcription; stenography; stenotyping; stock control services; stocktaking; telephone billing; transcription; transcription of communications; transcription of communications [office functions]; transcription of data; transcription of messages; transcription of recorded communications; transcription services; typewriting; typewriting agency services; typing; typing agency services; typing services; updating and maintenance of data in computer databases; utility meter reading for billing purposes; wage-packets (preparation of -); wage payroll preparation; water meter reading for billing purposes; xerography; compilation and systemization of information into computer databases; compilation and systemisation of information into computer databases; compilation of statistics; collection of data; compilation of directories for publication on the internet; clerical services for the taking of sales orders; provision of clerical assistance; compilation and systemization of written communications and data; compilation and systemization of information used in electronic transmissions; compilation of computer databases; compilation of data; compilation of directories for publishing on global computer networks or the internet; compilation of directories for publishing on the internet; compilation of indexed addresses; collection and systematisation of information into computer databases; compilation of mathematical data; compilation of statistical data relating to medical research; compilation of statistical data for use in scientific research; compilation of statistical information; compilation of statistics relating to health care utilization; compiling of information into computer databases; compiling of statistics; data collection [for others]; data compilation for others; records management services, namely, document indexing for others; services comprising the composition of statistical data; services comprising the recording of statistical data; services comprising the transcription of statistical data; statistical analysis and reporting; statistics (compilation of -).
However, the contested arranging of auction sales; arranging of auctions; arranging and conducting of Internet auctions; auction and reverse auction services; auction sales (arranging of -); auctioneering provided on the internet; auctioneering services provided via telecommunication networks; on-line auctioneering; on-line auction bidding for others; arranging and conducting auctions; arranging and conducting of auctions and reverse auctions via mobile telephones; arranging and conducting of auctions and reverse auctions via computer and telecommunication networks; arranging and conducting of telephone auctions; on-line auctioneering services via the Internet; on-line trading services in which seller posts products to be auctioned and bidding is done via the Internet; conducting of auction sales; auctioning via telecommunication networks; carrying out auction sales; conducting interactive virtual auctions; organisation of internet auctions; providing on-line auction services; telephone and television auctions are dissimilar to all the goods and services covered by the opponent's rights because they have nothing in common.
Auctions are usually a process of buying and selling goods or services by offering them up for bid, taking bids and then selling the item to the highest bidder. Even if these services would be provided online, there is no connection with the opponent’s goods or services given that their natures, purposes and methods of use are different. They do not coincide in their producer/provider and do not share the same distribution channels. Furthermore, these services are neither complementary nor in competition and they target different end users.
Contested services in Class 38
The applicant argues that the opponent’s telecommunication services of earlier trade mark 1) should be interpreted narrowly given that – according to it – the goods and services need to be considered in the light of the relevant field of activity. As already pointed out above, this argument must be set aside because the comparison of the goods and services must be based on the wording indicated in the respective lists of goods and/or services.
All the contested services in this class are actual telecommunication services and are therefore identical to the opponent’s telecommunications.
Contested services in Class 42
Computer system analysis is identically contained in both lists of services.
The contested conducting clinical trials; clinical trials (conducting); clinical research; testing of pharmaceuticals; conducting clinical trials in the field of cardiovascular disease; conducting clinical trials for pharmaceutical products; consultancy relating to research in the field of pharmacogenetics; clinical trials; research of pharmaceuticals; consultancy in the field of pharmaceutical research; pharmaceutical research and development; pharmaceutical research services; medical research; research in the field of pharmacogenetics; providing information on clinical studies via an interactive website; providing information about the results of clinical trials for pharmaceutical products; research and development of vaccines and medicines; research and development for the pharmaceutical industry; research on the subject of pharmaceuticals; research relating to medicines; research relating to medicine; research relating to pharmaceuticals; services for assessing the efficiency of pharmaceuticals; biological research, clinical research and medical research; biomedical research services; consultancy in the field of bacteriological research; research and development in the pharmaceutical and biotechnology fields are included in the opponent's broad category of scientific and technological services and research and design relating thereto of earlier trade mark 1). Therefore, they are identical.
The contested engineering services in the field of communications technology; engineering services relating to data processing; engineering services relating to computer programming; engineering services relating to the design of electronic systems; engineering services relating to the design of communications systems; engineering services relating to automatic data processing; telecommunications engineering consultancy are included in the opponent's broad category of engineering services of earlier trade mark 1). Therefore, they are identical.
The contested data migration services; computer project management services; data mining; development of computer systems; computer project management in the field of EDP; design of computer machine and computer software for commercial analysis and reporting; computer services for the analysis of data; computer systems analysis; computer systems development; development services relating to computer systems; computer analysis; computer and computer software rental; computer project management in the field of electronic data processing [EDP]; computer design and programming services; creating and maintaining websites for cellular phones; data duplication and conversion services, data coding services; creation of computing platforms for third parties; design of data storage systems; design and development of data storage systems; design and development of systems for data input, output, processing, display and storage; development and testing of computing methods, algorithms and software; design of data processing apparatus; design and development of data processing apparatus; development of computer hardware; development of computers; development of computer based networks; design and development of data display systems; design and development of data processing systems; design and development of electronic database software; design and development of wireless data transmission apparatus; design and development of wireless data transmission apparatus, instruments and equipment; design and development of computer peripherals; data security consultancy; design, creation and programming of web pages; design and development of data entry systems; hosting services and software as a service and rental of software; IT consultancy, advisory and information services; IT project management; IT security, protection and restoration; internet security consultancy; integration of computer systems and networks; digital watermarking; development of systems for the storage of data; development of systems for the transmission of data; development of systems for the processing of data; development of data processing apparatus; development services relating to data processing systems; diagnosing computer hardware problems using software; maintenance of data processing software; monitoring of computer systems by remote access; operating search engines; outsource service providers in the field of information technology; on-line computer services; planning, design, development and maintenance of online websites for third parties; preparation of computer programs for data processing; providing information about the design and development of computer software, systems and networks; remote server administration; rental and maintenance of computer software; rental of computer hardware and software; administration of user rights in computer networks; administration of mail servers; advisory and information services relating to computer peripherals; analysis (Computer systems -); systems analysis (Computer -); comparative analysis studies of the performance of computer systems; comparative analysis studies of the efficiency of computer systems; analytic services relating to computers; analytical services relating to computers; computer diagnostic services; computer hardware development; computer network services; computer network configuration services; computer rental and updating of computer software; computer research services; research services relating to computers; computer system design and development; software development, programming and implementation; rental of computer hardware and computer software; rental of computer hardware and facilities; rental of computers and software; rental of computers and computer software; renting out hardware and software; research in the field of telecommunication technology; research in the field of information technology; research in the field of data processing technology; research relating to computers; research relating to data processing; research relating to telecommunication techniques; research relating to the computerised automation of technical processes; research relating to the computerised automation of administrative processes; research relating to the computerised automation of industrial processes; server administration; technical research relating to computers; technical writing; technological research relating to computers; technological services relating to computers; troubleshooting in the nature of diagnosing problems with consumer electronics; troubleshooting of computer hardware and software problems; updating of memory banks of computer systems; updating websites for others; advice and development services relating to computer software; advisory and information services relating to computer software; advisory services in the field of product development and quality improvement of software; advisory services relating to computer software used for printing; advisory services relating to the use of computer software; advisory services relating to computer software used for publishing; advisory services relating to computer programming; advisory services relating to computer software used for graphics; advisory services relating to computer software design; advisory services relating to man-machine interfaces for computer software; analytical services relating to computer programmes; application system testing consultancy; building and maintaining websites; calibration services relating to computer software; computer code conversion for others; computer integration services; computer system integration services; computer systems integration services; computer program maintenance services; computer software maintenance services; computer program updating services; computer programming; computer programming consultancy; computer and software consultancy services; compilation of web pages for the Internet; compilation of data-processing programs; compilation of computer programs; commissioned writing of computer programs, software and code for the creation of web pages on the Internet; computer programming and software design; computer programming and maintenance of computer programs; computer software design; computer software design services; computer software design and development; computer software design for others; computer software (design of -); computer site design; computer programming in the medical field; computer programming for data processing; computer programming for data processing and communication systems; computer software design and updating; computer software development; computer software development for others; computer software engineering; computer software programming services; computer software technical support services; computer software research; computer software (Updating of -); computer software integration; computer software installation; computer software (Installation of -); computer software installation and maintenance; computer software (Maintenance of -); computer software maintenance; configuration of computer systems and networks; consultancy relating to software design and development; consultancy relating to the design of home pages and Internet sites; consultancy relating to the creation and design of websites; creating, maintaining, and updating computer software; creating, maintaining, and modernizing computer software; creating, maintaining and hosting the websites of others; creating, maintaining and hosting the web sites of others; creating and maintaining web sites; creating and maintaining web sites for others; creating of computer programs; creating programmes for data processing; creating or maintaining web sites for others; creating of home pages for computer networks; consultancy relating to the design and development of computer software programs; creating and maintaining computer sites (web sites) for others; creating and designing website-based indexes of information for others [information technology services]; computer design research; computer hardware (Consultancy in the design and development of -); computer hardware design; computer hardware design services; computer hardware (Design of -); development of computer hardware for the manufacturing industries; development of computer hardware for computer games; development and design of digital sound and image carriers; development of computer peripherals; development of hardware for digital signal processing; application service provider services; application service provider (ASP); application service provider (ASP) services, namely, hosting computer software applications of others; application service provider [ASP], namely, hosting computer software applications of others; backup services for computer hard drive data; cloud computing; cloud computing services; computer services concerning electronic data storage; computer software rental; computer software rental services; computer software (rental of -); computerised business information storage; computerised data storage; configuration of computer networks using software; configuration of computer networks by software; configuring computer hardware using software; consultancy and information services relating to software rental; consulting in the field of cloud computing networks and applications; consulting services in the field of cloud computing; creating and maintaining websites for mobile phones; data back-up services; electronic data storage and data back-up services; data warehousing; digital asset management; electronic data storage; electronic data back-up; electronic data storage services; electronic storage services for archiving electronic data; electronic storage of archived e-mails; electronic storage of audio files; electronic storage of data; electronic storage of digital images; electronic storage of digital photographs; electronic storage of digital music; electronic storage of digital audio files; electronic storage of digital video files; electronic storage of documents; electronic storage of documents and archived e-mails; electronic storage of entertainment media content; electronic storage of files and documents; electronic storage of images; electronic storage of medical records; electronic storage of photographs; electronic storage of videos; electronic storage services for archiving databases; electronic storage services for archiving databases, images and other electronic data; enterprise content management; fog computing; hire of computer programs; hiring of computer software; hiring of computer programs; hosting a website for the electronic storage of digital photographs and videos; hosting an online website for creating and hosting micro websites for businesses; hosting and rental of memory space for websites; hosting computer sites; hosting computer sites [web sites]; hosting computer sites [websites]; hosting the computer sites (web sites) of others; hosting the web sites of others on a computer server for a global computer network; hosting computer software applications for others; hosting internet sites for others; hosting electronic memory space on the Internet for advertising goods and services; hosting memory space for websites; hosting memory space on the Internet; hosting multimedia entertainment content; hosting multimedia educational content; hosting of multimedia applications; hosting of multimedia content for others; hosting of computerized data, files, applications and information; hosting of customized web pages; hosting of digital content, namely, on-line journals and blogs; hosting of databases; hosting of e-commerce platforms on the Internet; hosting of digital content on the Internet; hosting of interactive applications; hosting of memory space on the Internet for storing digital photographs; hosting of platforms on the Internet; hosting of podcasts; hosting of servers; hosting of software for use in library management; hosting of web portals; hosting of web sites; hosting of weblogs; hosting of websites; hosting the websites of others; maintenance of websites and hosting on-line web facilities for others; hosting online facilities for conducting identeractive discussions; hosting online web facilities for others for conducting interactive discussions; hosting online web facilities for others for sharing online content; hosting on-line web facilities for others; hosting platforms on the Internet; hosting web sites; hosting web portals; hosting websites on the Internet; infrastructure as a Service [IaaS]; interactive hosting services which allow the users to publish and share their own content and images online; leasing of computer programs; leasing of computer programmes; leasing of computer software for reading a data stream; leasing of computer software for reading a data base of price quotes; leasing of computer software relating to price quotes; leasing of computer software; off-site data backup; online data storage; platform as a Service [PaaS]; programming of software for inventory management; providing back-up computer programs and facilities; providing computer facilities for the electronic storage of digital data; providing electronic memory space on the Internet; providing or rental of electronic memory space on the Internet; providing on-line non-downloadable software for database management; providing temporary use of on-line non-downloadable software for database management; providing online non-downloadable software for use in communication; providing online non-downloadable software for use in supply chain management; providing online non-downloadable software for word processing; providing search engines for the internet; providing search engines for obtaining data on a global computer network; providing search engines for obtaining data via communications networks; providing software on a global computer network; providing space on the internet for weblogs; providing temporary use of non-downloadable computer software for tracking packages over computer networks, intranets and the internet; providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs; providing temporary use of web-based software; providing temporary use of web-based applications; providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network; providing temporary use of online, non-downloadable computer software for use in broadcast monitoring applications; providing temporary use of on-line non-downloadable operating software for computer networks and servers; providing temporary use of non-downloadable business software; providing temporary use of on-line non-downloadable software for importing and managing data; providing temporary use of non-downloadable software applications accessible via a web site; providing temporary use of on-line non-downloadable software for inventory management; providing temporary use of on-line non-downloadable software for web site development; providing temporary use of non-downloadable software to enable content providers to track multimedia content; providing temporary use of online non-downloadable software for accessing and using a cloud computing network; providing temporary use of online non-downloadable investment software; providing temporary use of online, non-downloadable computer software for language translation; providing temporary use of non-downloadable software for analyzing financial data and generating reports; providing temporary use of online non-downloadable software for word processing; providing temporary use of on-line, non-downloadable software for use in publishing and printing; providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users; providing temporary use of on-line non-downloadable software for the transmission of information; providing temporary use of on-line non-downloadable software for the management of information; providing temporary use of on-line non-downloadable software for the management of data; providing temporary use of on-line non-downloadable software for the transmission of data; providing temporary use of non-downloadable computer software for tracking freight over computer networks, intranets and the internet; providing temporary use of non-downloadable computer software for shipment processing over computer networks, intranets and the internet; providing temporary use of non-downloadable computer software for preparing shipping documents over computer networks, intranets and the internet; providing virtual computer systems through cloud computing; providing virtual computer environments through cloud computing; provision of Internet search engines; provision of search engines for the Internet; remote computer backup services; rental of application software; rental of computer database software; rental of computer game software; rental of computer programmes; rental of computer programs; rental of computer software and programs; rental of computer software; rental of software for computers; rental of computer software relating to travel; rental of computer software, data processing equipment and computer peripheral devices; rental of data processing programs; rental of database management software; rental of electronic memory space on the Internet; rental of financial management software; rental of Internet security programs; rental of memory space for websites; rental of memory space on servers for hosting electronic bulletin boards; rental of operating software for computer networks and servers; rental of operating software for accessing and using a cloud computing network; rental of software; rental of software for data processing; rental of software for website development; rental of software for inventory management; rental of software for Internet access; rental of video game software; software (Rental of computer -); rental of software for importing and managing data; rental of webservers; rental of web servers; servers (Rental of Web -); renting computer software; search engine design services; search engines (Providing -) for the internet; server hosting; services for the leasing of computer software; software as a service; software as a service [SAAS] services; software as a service [SaaS]; temporary electronic storage of information and data; web hosting services; web site hosting services; website hosting services; webhosting; computer rental; computer rental services; computer hardware leasing; computer hardware rental; leasing of computers; leasing of computer equipment; data security services; hiring out data processing equipment; time sharing services for computers; time sharing services for data processing apparatus; compilation of information relating to information technology; computer consulting services; anti-spamming services; computer programming services for electronic data security; computer security services for protection against illegal network access; computer security services in the nature of administering digital certificates; computer security system monitoring services; computer security threat analysis for protecting data; data recovery services; disaster recovery services for data communications systems; data security services [firewalls]; development of technologies for the protection of electronic networks; electronic monitoring of personally identifying information to detect identity theft via the internet; protection services (Computer virus -); computer virus protection services; reconstitution of databases; computer system monitoring services; computer firewall services; computer disaster recovery planning; disaster recovery services (computer -); disaster recovery services for computer systems; electronic monitoring of credit card activity to detect fraud via the internet; internet walled garden services; monitoring of computer systems to detect breakdowns; monitoring of computer systems for detecting unauthorized access or data breach; monitoring of network systems; provision of security services for computer networks, computer access and computerised transactions; reconstruction of database systems for others; recovery of computer data; recovery of smartphone data; unlocking of mobile phones; coding of messages; compression of data for electronic storage; computer programs (duplication of -); duplication of computer programs; conversion of computer programs and data, other than physical conversion; conversion of data and computer programs (except physical conversion); conversion of data or documents from physical to electronic media; data conversion of electronic information; data conversion of computer programs and data, not physical conversion; data conversion of computer program data or information [not physical conversion]; conversion of images from physical to electronic media; conversion of texts to digital format; copying of computer software; cross-platform conversion of digital content into other forms of digital content; data decryption services; data encryption and decoding services; data encryption services; encryption, decryption and authentication of information, messages and data; decoding of data; digital compression of computer data; digitalization of sound and images; digitization of documents; digitization of documents [scanning]; document data transfer from one computer format to another; duplicating computer programmes; duplicating computer programs; duplication of computer software; duplication of computer programmes; encoding of digital music; encoding of digital images; encoding of magnetic cards; encryption of digital music; encryption of digital images; scanning of images; services for reproducing computer programs; services for the digitalization of charts; services for the digitalization of maps; computer consultancy; computer consultancy and advisory services; advisory services relating to the rental of computers or computer software; advisory services relating to computer hardware; advisory services relating to computer hardware design; computer hardware (consultancy in the field of -); computer time-sharing services; design services relating to computer hardware; computer programming services for commercial analysis and reporting; computer programming for others; computer programming for the internet; creation, updating and adapting of computer programs; database design; design and development of computer database programs; database development services; debugging computer software for others; design and construction of homepages and websites; design and development of software for website development; design and development of virtual reality software; design and development of computer game software and virtual reality software; design and development of software for database management; design and development of operating software for computer networks and servers; design and development of computer game software; design and development of data processing software; design and development of data processing programs; design and development of data retrieval software; design and development of image processing software; design and development of driver software; design and development of computer hardware for the manufacturing industries; design and development of wireless computer networks; design and development of computer software for logistics, supply chain management and e-business portals; design and development of software for control, regulation and monitoring of solar energy systems; design and development of computer software architecture; information technology services for the pharmaceutical and healthcare industries; advice relating to the design of computer hardware; computer design services; computer consultancy services; advisory services relating to computer software; advice and consultancy in relation to computer networking applications; advice relating to the development of computer systems; advisory and consultancy services relating to computer hardware; consultancy and information services relating to computer programming; consultancy and information services relating to software maintenance; consultancy and information services relating to computer software design; consultancy and information services relating to information technology; consultancy relating to computer systems; consultancy services relating to software used in the field of e-commerce; consultancy services relating to computer networks; consultancy services relating to computer systems; consultancy relating to software for communication systems; information services relating to the development of computer networks; information services relating to the development of computer systems; information services relating to the application of computer systems; information services relating to the application of computer networks; information services relating to computers; information services relating to information technology; information technology [IT] consultancy; information technology [IT] consulting services; consultation services relating to computer software; software consultancy services; software consulting services; technical services for the downloading of software; design of computer hardware for the manufacturing industries; design and development of computer hardware; design and development of computer hardware architecture; design of computer hardware; design of computer peripherals are all services that belong to the same IT sector as the opponent’s preparation of data processing programmes; hiring out data processing equipment; rental of computers and software; computer system design; computer system analysis; design and development of computer hardware and software and hosting of internet sites; conversion of computer programmes and data (other than physical alteration); hosting of internet sites; technical advice and consultancy of earlier trade mark 1).
These contested services can be divided in categories of services belonging to the market of IT services. The relevant categories are:
Rental of computer hardware and facilities, software development, programming and implementation, computer hardware development, hosting services, SAAS and rental of software, IT consultancy, advisory and information services, IT security, protection and restoration, data duplication, conversion and data coding.
The
opponent’s services cover services belonging to the same IT sector.
Even if it cannot be excluded that some of the contested services
would coincide in numerous relevant criteria such as their nature,
purpose, method of use, their complementarity, whether they are
competing services or that they are even identical, these services
clearly – contrary to the applicant’s arguments - belong to one
homogeneous sector of services on the market and for the majority of
them they are - at least – provided by the same companies, target
the same end user and are being offered through the same channels of
distribution. Based on this conclusion, none of the contested
services can be considered dissimilar. It follows, therefore, that
all these contested services are at
least similar to a low degree to the
opponent’s preparation of data
processing programmes; hiring out data processing equipment; rental
of computers and software; computer system design; computer system
analysis; design and development of computer hardware and software;
conversion of computer programmes and data (other than physical
alteration); hosting of internet sites; conversion of
computer programmes and data (other than physical alteration);
hosting of internet sites; technical advice and consultancy.
However, as also pointed out by the applicant, the contested product quality testing services; product safety testing are dissimilar to all goods and services covered by the opponent's rights because they have nothing in common. They belong to very different specific fields on the market. Their natures, purposes and methods of use are different. They do not coincide in their producer/provider and do not share the same distribution channels. Furthermore, these goods are neither complementary nor in competition and they target different end users.
a) Relevant public — degree of attention
The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.
In the present case, the goods and services found to be identical or similar to various degrees may be directed at the public at large, who purchases the goods, or orders the services in question for personal use, and at professionals with specific knowledge or expertise, who will use the goods and services to support enterprise business processes. The public’s degree of attention may vary from average to high, depending on the price, specialised nature, or terms and conditions of the purchased goods and services.
Given that the general public is more prone to confusion, the examination will proceed on this basis.
c) The signs
TM
1)
TM 2) LOOP
|
HLOOP |
Earlier trade marks |
Contested sign |
The relevant territory is the European Union and Germany.
The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 23).
The unitary character of the European Union trade mark means that an earlier European Union trade mark can be relied on in opposition proceedings against any application for registration of a European Union trade mark that would adversely affect the protection of the first mark, even if only in relation to the perception of consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam, EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.
Since one of the earlier marks on which the opposition is based is a German trade mark registration, the Opposition Division, for the sake of clarity and procedural economy, considers appropriate to focus the comparison on the German-speaking public.
It cannot be excluded that the professional part of the public might perceive the sign’s common element ‘LOOP’ as conveying a technical meaning belonging to the highly specialised field of computer programming, namely ‘a sequence of programme parts that can be run through several times’ (information extracted from Duden on 27/07/2021 at https://www.duden.de/suchen/dudenonline/loop). In this respect, the applicant refers to the Office’s previous decision B 686 347, which was appealed and decided on by the Board of Appeal in case number R0938/2007-1 on 30/09/2008.
However, it is unlikely that this rather specific and technical meaning will be perceived by the general public on which the assessment of likelihood of confusion is focused, as stated in part b) of this decision.
Consequently, it must be concluded that the element ‘LOOP’ will not convey any clear and specific meaning for the public under assessment and is therefore distinctive to an average degree.
One of the earlier marks is a word mark ‘LOOP’ (earlier mark 2) and the other (earlier mark 1) is figurative mark, but consists of a mere banal blue rectangular background. Rectangular backgrounds such as those in the earlier mark 1) are commonplace in trade and merely serve to highlight the information contained therein, so consumers do not usually attribute any trade mark significance to them (15/12/2009, T-476/08, Best Buy, EU:T:2009:508, § 27). Consequently, the word element ‘LOOP’ in the earlier figurative mark is considered the most distinctive.
It is noted, that in the case of word marks, it is the word as such that is protected and not its written form. It follows that the signs ‘LOOP’ (earlier mark 2) and ‘HLOOP’ (contested sign) have no elements that are more dominant than others, as argued by the applicant. The earlier mark 1) does not have dominant elements either.
Visually and aurally, the signs coincide in ‘LOOP’, which is the only element of the earlier mark word mark 2), the most important element of the earlier figurative mark 1) and the second part (and majority of the letters) of the contested sign. The signs differ in the first letter ‘H’ of the contested sign and the banal blue background of the earlier figurative mark 1).
The applicant argues that the signs are different because of the fact that the first letter of the contested sign is different, which changes the structure of the sign entirely. However, the Opposition Division considers that even if this letter is placed at the beginning of the contested sign and pronounced separately (as argued by the applicant), and this is the element to which consumers usually pay more attention, one differentiating letter does not create sufficient differences to offset this similarity.
Therefore, both visually and aurally the signs are similar to a high degree.
Conceptually, neither of the signs has a meaning for the relevant public under examination. Since a conceptual comparison is not possible, the conceptual aspect does not influence the assessment of the similarity of the signs.
Therefore, the applicant’s arguments stating that the relevant public would perceive the letter ‘H’ in the contested sign as referring to ‘health’ or that the sign as a whole would be perceived as an abbreviation of ‘HEALTH, LIFE, OPPORTUNITY, PLATFORM’ must be set aside for the part of the public on which this assessment focuses, regardless whether such observations would be accurate or not.
As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.
b) Distinctiveness of the earlier mark
The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion.
The opponent did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation.
Consequently, the assessment of the distinctiveness of the earlier mark will rest on its distinctiveness per se. In the present case, the earlier trade mark as a whole has no meaning for any of the services in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal, despite the presence of a non-distinctive figurative element in the earlier 1) as outlined above.
c) Global assessment, other arguments and conclusion
The appreciation of likelihood of confusion on the part of the public depends, inter alia, on the recognition of the earlier mark on the market, the association which can be made with the registered mark, the degree of similarity between the marks and between the goods or services identified. It must be appreciated globally, taking into account all factors relevant to the circumstances of the case (22/06/1999, C-342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 18; 11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 22).
For the purposes of that global appreciation, the average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. However, likelihood of confusion covers situations where the consumer directly confuses the trade marks themselves, or where the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings.
As concluded above, part of the contested goods and services are at least similar to a low degree and part of the goods and services is identical. The public under assessment is the general public. The degree of attention may vary from average to high. The degree of distinctiveness of the earlier mark is average.
The signs are visually and aurally similar to a high degree, whereas the conceptual comparison remains neutral. The contested sign incorporates the earlier mark in its entirety and only differs in one additional letter ‘H’ at its beginning, which is not sufficient to counteract the fact that the signs are similar. Therefore, it is highly conceivable that the relevant consumers, even in relation to the goods and services for which the level of attention will be higher than average, will assume that the goods and services in question come from the same undertaking or economically linked undertakings.
As regards the services that are similar to a low degree only, it must be kept in mind that evaluating likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services. Therefore, a lesser degree of similarity between goods and services may be offset by a greater degree of similarity between the marks and vice versa (29/09/1998, C-39/97, Canon, EU:C:1998:442, § 17). In the present case, the degree of similarity between the signs is sufficient to offset the low degree of similarity between the services despite the high degree of attention paid by part of the relevant public.
In addition, account is taken of the fact that average consumers rarely have the chance to make a direct comparison between different marks, but must trust in their imperfect recollection of them (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26). Even consumers who pay a high degree of attention need to rely on their imperfect recollection of trade marks (21/11/2013, T‑443/12, ancotel, EU:T:2013:605, § 54).
As already mentioned above, the applicant refers to a previous decision of the Office to support its arguments. However, the Office is not bound by its previous decisions, as each case has to be dealt with separately and with regard to its particularities.
This practice has been fully supported by the General Court, which stated that, according to settled case-law, the legality of decisions is to be assessed purely with reference to the EUTMR, and not to the Office’s practice in earlier decisions (30/06/2004, T 281/02, Mehr für Ihr Geld, EU:T:2004:198).
Even though previous decisions of the Office are not binding, their reasoning and outcome should still be duly considered when deciding upon a particular case. In the present case, the previous case referred to by the applicant is not relevant to the present proceedings given that the relevant public on which the current decision focuses is different from the public in the previous decision which was the professional public with a high level of knowledge of English.
Considering all the above, there is a likelihood of confusion on the part of the German-speaking part of the general public. As stated above in section c) of this decision, a likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application and there is no need to analyze the remaining part of the public.
Therefore, the opposition is partly well-founded on the basis of the opponent’s European Union trade mark registration No 15 764 681 and German trade mark registration No 30 069 384.
The rest of the contested goods and services are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this article and directed at these services cannot be successful.
According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.
Since the opposition is successful for only some of the contested goods and services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.
The Opposition Division
Francesca DRAGOSTIN |
Cynthia DEN DEKKER |
According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.
Annex
Class 9: Downloadable electronic greeting cards for sending by regular mail; Downloadable printable planners and organizers; Exposed film; Exposed sensitized films; Films, exposed; Sensitised films (Exposed -); Sensitized films, exposed; Photosensitive media [films, exposed]; Printing fonts that can be downloaded provided by means of electronic transmission; Firmware for computer peripherals; Adaptive software; Application software; Application software for televisions; Computer application software; Application software for smart phones; Application software for smart TV; Application software for cloud computing services; Application software for mobile phones; Application software for wireless devices; Computer application software for mobile phones; Computer application software for mobile telephones; Application software for social networking services via internet; Computer application software for use with wearable computer devices; Computer application software for use in implementing the Internet of Things [IoT]; Augmented reality software; Augmented reality software for use in mobile devices; Assistive software; Augmented reality software for creating maps; Augmented reality software for use in mobile devices for integrating electronic data with real world environments; Authentication software; Bioinformatics software; BIOS software; Business management software; Biometric identification systems; Business technology software; Chemical engineering software; Civil engineering software; Cartridges [software] for use with computers; Cloud computing software; Cloud network monitoring software; CMS software [Content management system]; Communication software; Communication software for connecting global computer networks; Communication software for connecting computer network users; Communications software; Community software; Compiler software; Compilers; Computer-aided design (CAD) software; Computer-aided manufacturing software; Computer antivirus software; Computer application software for TV; Computer communication software to allow customers to access bank account information and transact bank business; Computer e-commerce software; Computer firewall software; Computer firmware; Computer graphics software; Computer groupware; Computer interface apparatus; Computer interface software; Computer interfaces; Computer operating systems; Computer programmes for data processing; Computer programmes for document management; Computer programmes for image processing; Computer software for accessing computer networks; Computer programmes for use in telecommunications; Computer programmes relating to local area networks; Computer programmes relating to financial matters; Computer programs for accessing and using the internet; Computer programs and software for image processing used for mobile phones; Computer programs for accessing, browsing and searching online databases; Computer programs for document management; Computer programs for connecting remotely to computers or computer networks; Computer programs for enabling access or entrance control; Computer programs for the enabling of access or entrance control; Computer programs for network management; Computer programs for project management; Computer programs for processing digital music files; Computer programs for searching remotely for content on computers and computer networks; Computer programs for searching the contents of computers and computer networks by remote control; Computer programs for user interface design; Computer programs for using the internet and the worldwide web; Computer programs used for electronic cash register systems; Computer search engine software; Computer shareware; Computer software for controlling and managing access server applications; Computer software designed to estimate costs; Computer software designed to estimate resource requirements; Computer software development tools; Computer software for accessing information directories that may be downloaded from the global computer network; Computer software for accessing databases; Computer software for accessing, browsing and searching online databases; Computer software for advertising; Computer software for analysing market information; Computer software for application and database integration; Computer software for audibly controlling a computer and the operation thereof; Computer software for authorising access to data bases; Computer software for biometric systems for the identification and authentication of persons; Computer software for business purposes; Computer software for cellular phones; Computer software for communication between computers over a local network; Computer software for communicating purposes between microcomputers; Computer software for communicating with users of hand-held computers; Computer software for computer aided software engineering; Computer software for controlling the operation of audio and video devices; Computer software for converting document images into electronic formats; Computer software for creating searchable databases of information and data; Computer software for creating dynamic websites; Computer software for creating and editing music and sounds; Computer software for database management; Computer software for document management; Computer software for electronic bulletin boards; Computer software for encryption; Computer software for generation of typefaces and fonts; Computer software for inter-network accounting in the telecommunications field; Computer software for interpreting fingerprints or palm prints; Computer software for organizing and viewing digital images and photographs; Computer software for producing financial models; Computer software for processing market information; Computer software for processing digital images; Computer software for the processing of positioning data; Computer software for scanning images and documents; Computer software for the monitoring of computer systems; Computer software for the collection of positioning data; Computer software for the compilation of positioning data; Computer software for the transmission of positioning data; Computer software for the dissemination of positioning data; Computer software for the remote control of office machines and equipment; Computer software for time control; Computer software for use in computer access control; Computer software for use in computer network access control; Computer software for use in programming facsimile machines; Computer software for use in medical decision support systems; Computer software for use in migrating between different computer network operating systems; Computer software for use in creating and designing websites; Computer software for use as an application programming interface (API); Computer software for use in providing multiple user access to a global computer information network; Computer software for wireless network communications; Computer software for wireless content delivery; Computer software in the field of electronic publishing; Computer software programs for database management; Computer software programs for spreadsheet management; Computer software relating to financial history; Computer software relating to the medical field; Computer software relating to the handling of financial transactions; Computer software that assists computers in deploying parallel applications and performing parallel computations; Computer software to automate data warehousing; Computer software to enable the searching of data; Computer software to enable searching of data; Computer software to enable the transmission of photographs to mobile telephones; Computer software to enable teleconferencing, videoconferencing and videophone services; Computer software to enable retrieval of data; Computer software to enable the provision of information via communications networks; Computer software to enable the provision of electronic media via communications networks; Computer software to enable the provision of information via the Internet; Computer software to enable browsing on global computer networks; Computer software to enable the provision of electronic media via the Internet; Computer software to enable searching and retrieval of data; Computer software to enhance the audio-visual capabilities of multimedia applications; Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; Computer software to maintain and operate computer system; Computer telephony software; Computer utility programs [program performs computer maintenance work]; Computer utility programs for computer maintenance; Computer utility programs for data compression; Computer utility programs for file management; Downloadable computer utility programs; Computer whiteboard software; Control segment integration software; Data and image processing software for making three dimensional models; Data communications software; Controlling software for computer printers; Data compression software; Data processing programs; Decoder software; Desktop publishing software; Development kits; Data processing software; Data processing software for word processing; Data processing software for graphic representations; Data storage programs; Database management software; Devkits; Digital telephone platforms and software; Downloadable mobile applications for the management of data; Downloadable mobile applications for the management of information; Downloadable mobile applications for the transmission of information; Downloadable mobile applications for the transmission of data; Downloadable software applications for use with three dimensional printers; Downloadable cloud computing software; Downloadable computer programs; Downloadable computer security software; Downloadable computer utility software; Downloadable computer software for remote monitoring and analysis; Downloadable computer software for the transmission of data; Downloadable computer software for the management of data; Downloadable email software; Downloadable instant messaging software; Downloadable mobile applications for use with wearable computer devices; Editing software; E-commerce software; Electrical engineering software; Electromechanical software; Electronic blackboards; Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; Electronic mail and messaging software; Encoded programs; Encryption software; Facial analysis software; Facial recognition software; File sharing software; File synchronization software; Financial management software; Firmware; Freeware; Gesture recognition software; Graphical user interface software; Graphics software; Graphics accelerators; Image recognition software; Industrial software; Industrial controls incorporating software; Instant messaging software; Interactive computer software; Interactive computer software enabling exchange of information; Interactive computer software that provides navigational and travel information; Interactive multimedia computer programs; Interactive video software; Interfaces for computers; Interface software; Internet messaging software; Internet access software; LAN [local area network] operating software; Maintenance software; Media software; Middleware; Middleware for management of software functions on electronic devices; Mobile device management software; Mobile software; Monitors [computer programs]; Multimedia software; Network management computer software; Network management software; Network operating system programs; Network operating systems programs; Noise cancellation software; On-premise management software; Operating system programs for smart TV; Operating system programs for smart television; Operating system programs for smartphones; Optical data carriers bearing recorded software; Personal computer application software for document control systems; Personal computer application software for managing document control systems; Predictive maintenance software; Privacy software; Privacy protection software; Process controlling software; Science software; Security software; Sensory software; Simulation software; Simulation software for use in digital computers; Software development kit [SDK]; Software development tools; Software drivers; Software for arranging online transactions; Software for card readers; Software for commerce over a global communications network; Software for conducting general meetings; Software for debt recovery; Software for designing online advertising on websites; Software for diagnostics and troubleshooting; Software for embedding online advertising on websites; Software for ensuring the security of electronic mail; Software for interactive television; Software for mobile phones; Software for mobile device management; Software for network and device security; Software for online messaging; Software for operating an online shop; Software for processing digital images; Software for processing images, graphics and text; Software for optical character recognition; Software for remote diagnostics; Software for renting advertising space on websites; Software for satellite navigation systems; Software for searching and retrieving information across a computer network; Software for tablet computers; Software for televisions; Software for the analysis of business data; Software for the control of stage lighting apparatus and instruments; Software for the processing of business transactions; Software platforms to allow users to collect money; Software related to handheld digital electronic devices; Speech analytics software; Speech recognition software; Spelling verifiers; Table representation software; Tax preparation software; Telecommunications software; Unified communications software; UPI [universal peripheral interface] software; USB operating software; USB [universal serial bus] operating software; Utility programs for performing computer system diagnostics; Utility software; Video accelerators; Virtual reality software; Virtual reality software for medical teaching; Voice recognition software; VPN [virtual private network] operating software; WAN [wide area network] operating software; Website development software; Workflow applications; Workflow software; Workout logging software; Communications processing computer software; Computer operating programs; Computer operating programmes; Computer operating programs, recorded; Computer operating system programmes; Operating computer software for main frame computers; Computer operating software; Computer operating system software; Recorded computer operating programs; Computer software adapted for use in the operation of computers; Embedded operating software; Integrated software packages; Network access server operating software; Operating software; Operating system software; Operating system programs; Communications equipment; Electronic communications instruments; Electronic diaries; Electronic notebooks; Electronic organizers; Electronic personal organizers; Electronic personal organisers; Humanoid robots with artificial intelligence; Encoders; Speech processors; Speech recognisers; Speech recognition apparatus; Voice processors.
Class 35: Arranging of auction sales; Arranging of auctions; Arranging and conducting of Internet auctions; Auction and reverse auction services; Auction sales (Arranging of -); Auctioneering provided on the internet; Auctioneering services provided via telecommunication networks; On-line auctioneering; On-line auction bidding for others; Arranging and conducting auctions; Arranging and conducting of auctions and reverse auctions via mobile telephones; Arranging and conducting of auctions and reverse auctions via computer and telecommunication networks; Arranging and conducting of telephone auctions; On-line auctioneering services via the Internet; On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet; Conducting of auction sales; Auctioning via telecommunication networks; Carrying out auction sales; Conducting interactive virtual auctions; Organisation of internet auctions; Providing on-line auction services; Telephone and television auctions; Accountancy, book keeping and auditing; Accounting services for mergers and acquisitions; Consultancy and information services relating to accounting; Accountancy; Accountancy services; Accountancy advice relating to taxation; Accountancy advice relating to tax preparation; Accountancy advice relating to the preparation of tax returns; Accountancy services relating to accounts receivable; Tax advice [accountancy]; Tax consultancy [accountancy]; Accounting; Accounting advisory services; Accounting consultancy relating to taxation; Accounting for third parties; Accounting services; Accounting, in particular book-keeping; Accounting services for pension funds; Accounting services relating to costs for farming enterprises; Accounting services relating to tax planning; Computerized accounting services; Business accounting advisory services; Tax return advisory [accountancy] services; Accounts (Preparation of -); Administration, billing and reconciliation of accounts on behalf of others; Administrative accounting; Accounts (Drawing up of statements of -); Advice on tax preparation; Advisory services relating to tax preparation; Auditing of accounts; Book-keeping; Balance sheet accounting; Bookkeeping for electronic funds transfer; Business accounts management; Computerised accounting (Maintenance of -); Computerised accounting (Preparation of -); Computerised auditing; Computerised book-keeping; Computerised tax assessments (preparation of -) [accounting]; Computerised business records keeping; Consultancy relating to auditing; Consultancy relating to tax accounting; Consulting and information concerning accounting; Health care cost management; Cost management accounting; Cost accounting; Preparation of tax declarations; Preparation of tax returns; Tax returns (Preparation of -); Preparation of income tax returns; Preparation of documents relating to taxation; Preparation of statements of accounts; Tax assessment preparation; Tax assessment [accounts] preparation; Tax consultations [accountancy]; Tax declaration procedure services; Tax filing services; Tax planning [accountancy]; Tax preparation; Tax preparation and consulting services; Tax return preparation; Taxation [accountancy] consultation; Taxation [accountancy] consultancy; Taxation [accountancy] advice; Tracking and monitoring energy consumption for others for account auditing purposes; Tracking and monitoring fluctuation in gasoline prices for others for account auditing purposes; Automated data processing; Advisory services relating to data processing; Advisory services relating to electronic data processing; Administrative services relating to credit card registration; Compilation and systematisation of information in databanks; Compilation and input of information into computer databases; Compilation and systemisation of information into computer databases; Compilation and systemization of written communications and data; Compilation and systemization of information into computer databases; Compilation and systemization of information used in electronic transmissions; Compilation of computer databases; Compilation of data; Compilation of data in computer databases; Compilation of information onto computer databases; Compilation of directories for publishing on global computer networks or the internet; Compilation of directories for publication on the internet; Compilation of directories for publishing on the internet; Compilation of information into computerised registers; Compilation of indexed addresses; Compilation of information into computer databases; Computer databases (Compilation of information into -); Collection of data; Collating of data in computer databases; Collection and systematisation of information into computer databases; Business file management; Business consultancy services relating to data processing; Compilation of mathematical data; Compilation of statistical data relating to medical research; Compilation of statistical data for use in scientific research; Compilation of statistical information; Compilation of statistics; Compilation of statistics relating to health care utilization; Compiling of information into computer databases; Compiling of statistics; Computer data processing; Computer database management; Computer database management services; Computerized database management; Computerised database management services; Computerized database management services; Computer databases (Systemization of information into -); Computer file management; Computerised file management; Computerized file management; Management (Computerized file -); File management (Computerized -); Management of computer files; Management of computerised files; Computerised business information retrieval; Computerised business information processing services; Computerised data management; Computerised data-base management; Computerised data processing; Computerised data verification; Data-base management (Computerised -); Computerised register management; Consultancy relating to data processing; Credit card registration services; Data collection [for others]; Data compilation for others; Data entry and data processing; Data inputting services; Data management; Data management services; Database management; Database management services; Data processing; Data processing for businesses; Data processing for the collection of data for business purposes; Data processing management; Data processing services; Data processing services in the field of healthcare; Data processing services in the field of payroll; Data processing verification; Data retrieval services; Data search in computer files for others; Data searches in computerised files for others; Electronic data processing; Information services relating to data processing; Management and compilation of computerised databases; Management of computer databases; On-line data processing services; Processing of business survey results; Records management services, namely, document indexing for others; Services comprising the composition of statistical data; Services comprising the recording of statistical data; Services comprising the transcription of statistical data; Statistical analysis and reporting; Statistics (Compilation of -); Systematization of data in computer databases; Systemisation of information into computer databases; Systemization of information into computer databases; Administrative services relating to the relocation of personnel; Advice relating to personnel management; Advisory services relating to personnel recruitment; Advisory services relating to personnel placement; Consultancy and advisory services relating to personnel management; Consultancy and advisory services relating to personnel recruitment; Consultancy and advisory services relating to personnel placement; Assistance relating to recruitment and placement of staff; Auditioning of performing artists [selection of personnel]; Business advisory services provided to determine pay and grading structures; Business advisory services to determine pay and grading structures by job evaluation; Business organisation and management consultancy in the field of personnel management; Business recruitment consultancy; Career advisory services (other than education and training advice); Career information and advisory services (other than educational and training advice); Career networking services; Career placement; Career placement consulting services; Career planning consultancy; Clerical employment agency services; Collection of personnel information; Conducting employee incentive award programs; Consultancy of personnel recruitment; Consultancy relating to management selection; Consultancy relating to personnel management; Consultancy relating to the management of personnel; Consultancy relating to the selection of personnel; Consultancy relating to personnel recruitment; Dissemination of information relating to the recruitment of graduates; Employee leasing; Employee record services; Employee relocation services; Employment agency services for personnel in general office positions; Employment agencies; Employment agency services; Employment agency services provided for nannies; Employment agency services relating to nurses; Employment agency services for temporary work assignments; Employment agency services the provision of staff for the manning of show houses; Employment agency services for people skilled in the use of computers; Employment agency services relating to placement of medical and nursing personnel; Employment agency services relating to bilingual staff; Employment agency services relating to au pairs; Employment booking services for performing artists; Employment booking services for film television technicians; Employment consultancy; Employment consultancy services; Employment consultancy services relating to data processing personnel; Employment bureau services; Employment counselling; Employment counselling and consultancy services; Employment counselling services; Employment management services for film television technicians; Employment outplacement services; Employment placement services for butlers; Employment placement services for personal assistants; Employment placement services for housekeepers; Employment recruiting consultancy; Interviewing services [for personnel recruitment]; Internship placement services; Information services relating to jobs and career opportunities; Human resources management; Human resources consultancy; Human resources consultation; Headhunting services; Executive selection services; Executive search and selection services; Executive search services; Executive search and placement services; Executive recruitment services; Employment recruiting services; Employment recruitment; Evaluation of personnel requirements; Executive placement services; Executive recruiting services; Job agency services; Job agency services for medical personnel; Job agency services for para-medical personnel; Job placement; Job placement consultancy; Job and personnel placement; Job matching services; Labor exchanges; Management consultancy (Personnel -); Personnel management consultancy; Personnel management consultancy services; Personnel management and employment consultancy; Labour exchange services; Matching skilled volunteers with non-profit organisations; Model recruitment agencies; Nanny placement services; Office support staff recruitment services; Organising and conducting job fairs; Permanent staff recruitment; Personal management consultancy services; Personality testing for recruitment purposes; Personality testing for the selection of personnel; Personnel agency services relating to the electronics industry; Personnel consultancy; Personnel recruitment consultancy; Personnel placement consultancy; Personnel management; Personnel management advice; Personnel management assistance; Personnel management assistance services; Personnel management consultation; Personnel management consulting; Personnel management for advertising purposes; Personnel management of marketing personnel; Personnel management of sales personnel; Personnel management services; Personnel resources management; Personnel placement; Personnel placement and recruitment; Personnel placement services; Placement of permanent personnel; Placement of temporary personnel; Personnel recruitment; Personnel recruitment advertising; Personnel recruitment agency services; Personnel recruitment services and employment agencies; Personnel recruitment services; Recruitment of personnel; Recruitment of flight personnel; Recruitment of airline personnel; Recruitment of high-level management personnel; Personnel relocation; Personnel selection [for others]; Personnel services; Publicity personnel management services; Personnel selection using psychological testing; Placement of design staff; Placement of staff; Preparation of résumés for others; Professional consultancy relating to personnel management; Professional recruitment services; Providing employment information; Providing employment counseling services; Providing employment information via a global computer network; Providing information relating to personnel recruitment; Providing information relating to employment recruitment; Providing information relating to employee relocation services; Providing recruitment information via a global computer network; Providing temporary office support staff; Provision of administrative staff; Provision of advice relating to the recruitment of graduates; Provision of commission sales staff; Provision of contract sales forces; Provision of information relating to recruitment; Provision of nominee company directors; Provision of sales staff; Psychometric testing for the selection of personnel; Psychological testing for the selection of personnel; Recruiting of office support staff; Recruitment advertising; Recruitment and placement services; Recruitment consultancy services; Recruitment consultancy for lawyers; Recruitment consultancy for legal secretaries; Staff recruitment consultancy services; Recruitment consultants in the financial services field; Recruitment of executive staff; Recruitment of airport ground staff; Recruitment of computer staff; Recruitment of temporary personnel; Recruitment of temporary technical personnel; Recruitment (Personnel -); Recruitment services; Staff recruitment services; Recruitment services for sales and marketing personnel; Relocation services (Employee -); Secretarial employment services; Secretarial employment agency services; Selection of personnel; Selection of executive personnel; Testing (Psychological -) for the selection of personnel; Selection of staff; Serving as a human resources department for others; Staff placement services; Staff recruitment; Staff utilisation planning; Support for employees with regard to business matters; Talent agency services [business management of performing artists]; Temporary assignment of personnel; Temporary assignment of employees; Temporary employment agencies; Temporary personnel employment services; Temporary personnel services; Temporary placement of employees (Services for the -); Testing to determine employment skills; Testing to determine professional competency; Testing to determine job competency; Theatrical casting agency; Work analysis to determine worker skill sets and other worker requirements; Writing of résumés for others; Writing of curriculum vitae for others; Addressing envelopes; Addressing of envelopes; Administrative services relating to the management of legal dockets; Appointment scheduling services [office functions]; Appointment reminder services [office functions]; Bill presentment services; Billing services; Billing; Billing services in the field of energy; Billing services in the field of healthcare; Business invoicing services; Business secretarial services; Clerical services for making appointments; Clerical services for the handling of enquiries; Clerical services for the taking of sales orders; Company office secretarial services; Computerised inventory preparation; Computerised inventory control; Computerised payroll preparation; Computerised stock management; Computerized word processing; Conference call transcription services; Confirming scheduled appointments for others; Copying of documents; Copying of documents for others; Copying services; Data transcription; Document preparation; Document reproduction; Electricity meter reading for billing purposes; Electronic stock management services; Execution of stenographic work to order; Initiating telephone calls for others; Inserting printed matter into envelopes; Inventories (Preparation of -); Preparation of inventories; Inventory control; Inventory management; Inventory management services; Inventory management of parts and components for manufacturers and suppliers; Invoicing; Invoicing services; Document reproduction [photocopying services]; Maintenance of registers [for others]; Medical billing; Medical billing services for doctors; Medical billing services for hospitals; Message transcription; Payroll preparation; Preparation of payrolls [for others]; Payroll assistance; Payroll advisory services; Office management services [for others]; Office administration services [for others]; Payroll processing services [for others]; Maintenance of personnel records [for others]; Key return registration; Keypunching [office functions]; Mail sorting, handling and receiving; Preparation of invoices; Photocopying; Photocopying services; Preparation of mailing lists; Preparation of pay packets; Preparation of wage slips; Processing warranty registration documents for others; Processing (Word -); Word processing; Word processing services; Word processing and typing services; Provision of clerical assistance; Provision of clerical and secretarial services; Provision of initial company secretarial services on company formation; Provision of secretarial services; Registration and transcription of written communications; Reproduction (Document -); Reproduction services (Document -); Reproduction of drawings; Reproduction of files [paper]; Reproduction of records [paper]; Reprographic services; Secretarial services; Secretarial and clerical services; Shorthand secretarial services; Secretarial services provided by hotels; Secretariat services; Shareholder record keeping services; Shorthand; Shorthand services; Shorthand typing; Stenographic transcription; Stenography; Stenotyping; Stock control services; Stocktaking; Telephone billing; Transcription; Transcription of communications; Transcription of communications [office functions]; Transcription of data; Transcription of messages; Transcription of recorded communications; Transcription services; Typewriting; Typewriting agency services; Typing; Typing agency services; Typing services; Updating and maintenance of data in computer databases; Utility meter reading for billing purposes; Wage-packets (Preparation of -); Wage payroll preparation; Water meter reading for billing purposes; Xerography.
Class 38: Broadcasting services; Communication of information by electronic means; Audio communications services; Audiovisual communication services; Communication services (Electronic -); Communication services (Telephone -); Communication services (Telegram -); Communication services for the electronic transmission of images; Communication services for the transmission of information; Communication services for the electronic transmission of data; Communication services for the transmission of information by electronic means; Communication services provided electronically; Communication services by electronic means; Data communication services by electronic means; Computer communication and Internet access; Communications services; Data communication by electronic means; Data communication services accessible by password; Data communication services accessible by access code; Data transfer services; Data transmission; Data transmission for others; Data transmission services; Data transmission and reception services via telecommunication means; Data transmission services over telecommunications networks; Data transmission services over telematic networks; Digital communications services; Digital network telecommunications services; Digital transmission of data; Digital transmission of data via the Internet; Digital transmission of voice; Digital transmission services; Digital transmission services for audio and video data; Electronic communication services; Electronic communication services for the transmission of data; Electronic communications services for the transmission of data; Electronic network communications; Electronic news agency services; Electronic communications consultancy; Electronic communications services; Electronic transmission of messages and data; Electronic transmission of sound; Electronic transmission of images; Electronic transmission of information (Services for the -); Electronic transmission of images (Services for the -); Electronic transmission of instant messages and data; Electronic transmission of voices (Services for the -); Electronic transmission of documents (Services for the -); Electronic transmission and retransmission of sounds, images, documents, messages and data; Interactive broadcasting and communications services; Interactive communication services; Interactive telecommunication services; Interactive telecommunications services; Interactive transmission of video over digital networks; Message sending and receiving services; Message sending; Message sending, receiving and forwarding; Message sending services; Message services; Messaging services; Mobile telecommunication network services; Mobile telecommunications network services; Operating of electronic communications networks; Operating of electronic communications systems; Operation of a telecommunications network; Providing high speed access to computer and communication networks; Secure transmission of data, sound or images; Secured data, sound and image transmission services; Telephone and mobile telephone services; Telephone communications; Telephone communication services; Telecommunications services between computer networks; Telematic communication services; Telematic communications services; Telephone communications services; Transfer of data by telecommunication; Transfer of data by telecommunications; Transmission of data; Transmission of messages; Transmission of messages and images; Video conferencing; Video conferencing services; Video communication services; Transmission of written communications (Electronic -); Value added network [communication] services; Transmission of messages, data and content via the Internet and other communications networks; Transmission of news; Transmission of sound by electronic means; Transmission of sound or visual recordings over networks; Transmission of video films; Transmission of vision via interactive multimedia networks; Transmission of sound via interactive multimedia networks; Video teleconferencing; Video transmission services; Video transmission via digital networks; Video uploading services; Videoconferencing; Videoconferencing services; Virtual chatrooms established via text messaging; Voice and data transmission services; Wireless communication services; Wireless communications services.
Class 42: Computer services for the analysis of data; Computer system analysis; Computer systems analysis; Computer systems development; Development of computer systems; Development services relating to computer systems; Computer analysis; Computer and computer software rental; Computer project management in the field of electronic data processing [EDP]; Computer project management in the field of EDP; Computer project management services; Computer design and programming services; Data mining; Data migration services; Creating and maintaining websites for cellular phones; Data duplication and conversion services, data coding services; Creation of computing platforms for third parties; Design of computer machine and computer software for commercial analysis and reporting; Design of data storage systems; Design and development of data storage systems; Design and development of systems for data input, output, processing, display and storage; Development and testing of computing methods, algorithms and software; Design of data processing apparatus; Design and development of data processing apparatus; Development of computer hardware; Development of computers; Development of computer based networks; Design and development of data display systems; Design and development of data processing systems; Design and development of electronic database software; Design and development of wireless data transmission apparatus; Design and development of wireless data transmission apparatus, instruments and equipment; Design and development of computer peripherals; Data security consultancy; Design, creation and programming of web pages; Design and development of data entry systems; Hosting services and software as a service and rental of software; IT consultancy, advisory and information services; IT project management; IT security, protection and restoration; Internet security consultancy; Integration of computer systems and networks; Digital watermarking; Development of systems for the storage of data; Development of systems for the transmission of data; Development of systems for the processing of data; Development of data processing apparatus; Development services relating to data processing systems; Diagnosing computer hardware problems using software; Maintenance of data processing software; Monitoring of computer systems by remote access; Operating search engines; Outsource service providers in the field of information technology; On-line computer services; Planning, design, development and maintenance of online websites for third parties; Preparation of computer programs for data processing; Providing information about the design and development of computer software, systems and networks; Remote server administration; Rental and maintenance of computer software; Rental of computer hardware and software; Administration of user rights in computer networks; Administration of mail servers; Advisory and information services relating to computer peripherals; Analysis (Computer systems -); Systems analysis (Computer -); Comparative analysis studies of the performance of computer systems; Comparative analysis studies of the efficiency of computer systems; Analytic services relating to computers; Analytical services relating to computers; Computer diagnostic services; Computer hardware development; Computer network services; Computer network configuration services; Computer rental and updating of computer software; Computer research services; Research services relating to computers; Computer system design and development; Software development, programming and implementation; Rental of computer hardware and computer software; Rental of computer hardware and facilities; Rental of computers and software; Rental of computers and computer software; Renting out hardware and software; Research in the field of telecommunication technology; Research in the field of information technology; Research in the field of data processing technology; Research relating to computers; Research relating to data processing; Research relating to telecommunication techniques; Research relating to the computerised automation of technical processes; Research relating to the computerised automation of administrative processes; Research relating to the computerised automation of industrial processes; Server administration; Technical research relating to computers; Technical writing; Technological research relating to computers; Technological services relating to computers; Troubleshooting in the nature of diagnosing problems with consumer electronics; Troubleshooting of computer hardware and software problems; Updating of memory banks of computer systems; Updating websites for others; Advice and development services relating to computer software; Advisory and information services relating to computer software; Advisory services in the field of product development and quality improvement of software; Advisory services relating to computer software used for printing; Advisory services relating to the use of computer software; Advisory services relating to computer software used for publishing; Advisory services relating to computer programming; Advisory services relating to computer software used for graphics; Advisory services relating to computer software design; Advisory services relating to man-machine interfaces for computer software; Analytical services relating to computer programmes; Application system testing consultancy; Building and maintaining websites; Calibration services relating to computer software; Computer code conversion for others; Computer integration services; Computer system integration services; Computer systems integration services; Computer program maintenance services; Computer software maintenance services; Computer program updating services; Computer programming; Computer programming consultancy; Computer and software consultancy services; Compilation of web pages for the Internet; Compilation of data-processing programs; Compilation of computer programs; Commissioned writing of computer programs, software and code for the creation of web pages on the Internet; Computer programming and software design; Computer programming and maintenance of computer programs; Computer software design; Computer software design services; Computer software design and development; Computer software design for others; Computer software (Design of -); Computer site design; Computer programming in the medical field; Computer programming for data processing; Computer programming for data processing and communication systems; Computer software design and updating; Computer software development; Computer software development for others; Computer software engineering; Computer software programming services; Computer software technical support services; Computer software research; Computer software (Updating of -); Computer software integration; Computer software installation; Computer software (Installation of -); Computer software installation and maintenance; Computer software (Maintenance of -); Computer software maintenance; Configuration of computer systems and networks; Consultancy relating to software design and development; Consultancy relating to the design of home pages and Internet sites; Consultancy relating to the creation and design of websites; Creating, maintaining, and updating computer software; Creating, maintaining, and modernizing computer software; Creating, maintaining and hosting the websites of others; Creating, maintaining and hosting the web sites of others; Creating and maintaining web sites; Creating and maintaining web sites for others; Creating of computer programs; Creating programmes for data processing; Creating or maintaining web sites for others; Creating of home pages for computer networks; Consultancy relating to the design and development of computer software programs; Creating and maintaining computer sites (web sites) for others; Creating and designing website-based indexes of information for others [information technology services]; Computer design research; Computer hardware (Consultancy in the design and development of -); Computer hardware design; Computer hardware design services; Computer hardware (Design of -); Development of computer hardware for the manufacturing industries; Development of computer hardware for computer games; Development and design of digital sound and image carriers; Development of computer peripherals; Development of hardware for digital signal processing; Application service provider services; Application service provider (ASP); Application service provider (ASP) services, namely, hosting computer software applications of others; Application service provider [ASP], namely, hosting computer software applications of others; Backup services for computer hard drive data; Cloud computing; Cloud computing services; Computer services concerning electronic data storage; Computer software rental; Computer software rental services; Computer software (Rental of -); Computerised business information storage; Computerised data storage; Configuration of computer networks using software; Configuration of computer networks by software; Configuring computer hardware using software; Consultancy and information services relating to software rental; Consulting in the field of cloud computing networks and applications; Consulting services in the field of cloud computing; Creating and maintaining websites for mobile phones; Data back-up services; Electronic data storage and data back-up services; Data warehousing; Digital asset management; Electronic data storage; Electronic data back-up; Electronic data storage services; Electronic storage services for archiving electronic data; Electronic storage of archived e-mails; Electronic storage of audio files; Electronic storage of data; Electronic storage of digital images; Electronic storage of digital photographs; Electronic storage of digital music; Electronic storage of digital audio files; Electronic storage of digital video files; Electronic storage of documents; Electronic storage of documents and archived e-mails; Electronic storage of entertainment media content; Electronic storage of files and documents; Electronic storage of images; Electronic storage of medical records; Electronic storage of photographs; Electronic storage of videos; Electronic storage services for archiving databases; Electronic storage services for archiving databases, images and other electronic data; Enterprise content management; Fog computing; Hire of computer programs; Hiring of computer software; Hiring of computer programs; Hosting a website for the electronic storage of digital photographs and videos; Hosting an online website for creating and hosting micro websites for businesses; Hosting and rental of memory space for websites; Hosting computer sites; Hosting computer sites [web sites]; Hosting computer sites [websites]; Hosting the computer sites (web sites) of others; Hosting the web sites of others on a computer server for a global computer network; Hosting computer software applications for others; Hosting internet sites for others; Hosting electronic memory space on the Internet for advertising goods and services; Hosting memory space for websites; Hosting memory space on the Internet; Hosting multimedia entertainment content; Hosting multimedia educational content; Hosting of multimedia applications; Hosting of multimedia content for others; Hosting of computerized data, files, applications and information; Hosting of customized web pages; Hosting of digital content, namely, on-line journals and blogs; Hosting of databases; Hosting of e-commerce platforms on the Internet; Hosting of digital content on the Internet; Hosting of interactive applications; Hosting of memory space on the Internet for storing digital photographs; Hosting of platforms on the Internet; Hosting of podcasts; Hosting of servers; Hosting of software for use in library management; Hosting of web portals; Hosting of web sites; Hosting of weblogs; Hosting of websites; Hosting the websites of others; Maintenance of websites and hosting on-line web facilities for others; Hosting online facilities for conducting interactive discussions; Hosting online web facilities for others for conducting interactive discussions; Hosting on-line facilities for conducting interactive discussions; Hosting online web facilities for others for sharing online content; Hosting on-line web facilities for others; Hosting platforms on the Internet; Hosting web sites; Hosting web portals; Hosting websites on the Internet; Infrastructure as a Service [IaaS]; Interactive hosting services which allow the users to publish and share their own content and images online; Leasing of computer programs; Leasing of computer programmes; Leasing of computer software for reading a data stream; Leasing of computer software for reading a data base of price quotes; Leasing of computer software relating to price quotes; Leasing of computer software; Off-site data backup; Online data storage; Platform as a Service [PaaS]; Programming of software for inventory management; Providing back-up computer programs and facilities; Providing computer facilities for the electronic storage of digital data; Providing electronic memory space on the Internet; Providing or rental of electronic memory space on the Internet; Providing on-line non-downloadable software for database management; Providing temporary use of on-line non-downloadable software for database management; Providing online non-downloadable software for use in communication; Providing online non-downloadable software for use in supply chain management; Providing online non-downloadable software for word processing; Providing search engines for the internet; Providing search engines for obtaining data on a global computer network; Providing search engines for obtaining data via communications networks; Providing software on a global computer network; Providing space on the internet for weblogs; Providing temporary use of non-downloadable computer software for tracking packages over computer networks, intranets and the internet; Providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs; Providing temporary use of web-based software; Providing temporary use of web-based applications; Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network; Providing temporary use of online, non-downloadable computer software for use in broadcast monitoring applications; Providing temporary use of on-line non-downloadable operating software for computer networks and servers; Providing temporary use of non-downloadable business software; Providing temporary use of on-line non-downloadable software for importing and managing data; Providing temporary use of non-downloadable software applications accessible via a web site; Providing temporary use of on-line non-downloadable software for inventory management; Providing temporary use of on-line non-downloadable software for web site development; Providing temporary use of non-downloadable software to enable content providers to track multimedia content; Providing temporary use of online non-downloadable software for accessing and using a cloud computing network; Providing temporary use of online non-downloadable investment software; Providing temporary use of online, non-downloadable computer software for language translation; Providing temporary use of non-downloadable software for analyzing financial data and generating reports; Providing temporary use of online non-downloadable software for word processing; Providing temporary use of on-line, non-downloadable software for use in publishing and printing; Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users; Providing temporary use of on-line non-downloadable software for the transmission of information; Providing temporary use of on-line non-downloadable software for the management of information; Providing temporary use of on-line non-downloadable software for the management of data; Providing temporary use of on-line non-downloadable software for the transmission of data; Providing temporary use of non-downloadable computer software for tracking freight over computer networks, intranets and the internet; Providing temporary use of non-downloadable computer software for shipment processing over computer networks, intranets and the internet; Providing temporary use of non-downloadable computer software for preparing shipping documents over computer networks, intranets and the internet; Providing virtual computer systems through cloud computing; Providing virtual computer environments through cloud computing; Provision of Internet search engines; Provision of search engines for the Internet; Remote computer backup services; Rental of application software; Rental of computer database software; Rental of computer game software; Rental of computer programmes; Rental of computer programs; Rental of computer software and programs; Rental of computer software; Rental of software for computers; Rental of computer software relating to travel; Rental of computer software, data processing equipment and computer peripheral devices; Rental of data processing programs; Rental of database management software; Rental of electronic memory space on the Internet; Rental of financial management software; Rental of Internet security programs; Rental of memory space for websites; Rental of memory space on servers for hosting electronic bulletin boards; Rental of operating software for computer networks and servers; Rental of operating software for accessing and using a cloud computing network; Rental of software; Rental of software for data processing; Rental of software for website development; Rental of software for inventory management; Rental of software for Internet access; Rental of video game software; Software (Rental of computer -); Rental of software for importing and managing data; Rental of webservers; Rental of web servers; Servers (Rental of Web -); Renting computer software; Search engine design services; Search engines (Providing -) for the internet; Server hosting; Services for the leasing of computer software; Software as a service; Software as a service [SAAS] services; Software as a service [SaaS]; Temporary electronic storage of information and data; Web hosting services; Web site hosting services; Website hosting services; Webhosting; Computer rental; Computer rental services; Computer hardware leasing; Computer hardware rental; Leasing of computers; Leasing of computer equipment; Data security services; Hiring out data processing equipment; Time sharing services for computers; Time sharing services for data processing apparatus; Compilation of information relating to information technology; Computer consulting services; Anti-spamming services; Computer programming services for electronic data security; Computer security services for protection against illegal network access; Computer security services in the nature of administering digital certificates; Computer security system monitoring services; Computer security threat analysis for protecting data; Data recovery services; Disaster recovery services for data communications systems; Data security services [firewalls]; Development of technologies for the protection of electronic networks; Electronic monitoring of personally identifying information to detect identity theft via the internet; Protection services (Computer virus -); Computer virus protection services; Reconstitution of databases; Computer system monitoring services; Computer firewall services; Computer disaster recovery planning; Disaster recovery services (Computer -); Disaster recovery services for computer systems; Electronic monitoring of credit card activity to detect fraud via the internet; Internet walled garden services; Monitoring of computer systems to detect breakdowns; Monitoring of computer systems for detecting unauthorized access or data breach; Monitoring of network systems; Provision of security services for computer networks, computer access and computerised transactions; Reconstruction of database systems for others; Recovery of computer data; Recovery of smartphone data; Unlocking of mobile phones; Coding of messages; Compression of data for electronic storage; Computer programs (Duplication of -); Duplication of computer programs; Conversion of computer programs and data, other than physical conversion; Conversion of data and computer programs (except physical conversion); Conversion of data or documents from physical to electronic media; Data conversion of electronic information; Data conversion of computer programs and data, not physical conversion; Data conversion of computer program data or information [not physical conversion]; Conversion of images from physical to electronic media; Conversion of texts to digital format; Copying of computer software; Cross-platform conversion of digital content into other forms of digital content; Data decryption services; Data encryption and decoding services; Data encryption services; Encryption, decryption and authentication of information, messages and data; Decoding of data; Digital compression of computer data; Digitalization of sound and images; Digitization of documents; Digitization of documents [scanning]; Document data transfer from one computer format to another; Duplicating computer programmes; Duplicating computer programs; Duplication of computer software; Duplication of computer programmes; Encoding of digital music; Encoding of digital images; Encoding of magnetic cards; Encryption of digital music; Encryption of digital images; Scanning of images; Services for reproducing computer programs; Services for the digitalization of charts; Services for the digitalization of maps; Computer consultancy; Computer consultancy and advisory services; Advisory services relating to the rental of computers or computer software; Advisory services relating to computer hardware; Advisory services relating to computer hardware design; Computer hardware (Consultancy in the field of -); Computer time-sharing services; Design services relating to computer hardware; Computer programming services for commercial analysis and reporting; Computer programming for others; Computer programming for the internet; Creation, updating and adapting of computer programs; Database design; Design and development of computer database programs; Database development services; Debugging computer software for others; Design and construction of homepages and websites; Design and development of software for website development; Design and development of virtual reality software; Design and development of computer game software and virtual reality software; Design and development of software for database management; Design and development of operating software for computer networks and servers; Design and development of computer game software; Design and development of data processing software; Design and development of data processing programs; Design and development of data retrieval software; Design and development of image processing software; Design and development of driver software; Design and development of computer hardware for the manufacturing industries; Design and development of wireless computer networks; Design and development of computer software for logistics, supply chain management and e-business portals; Design and development of software for control, regulation and monitoring of solar energy systems; Design and development of computer software architecture; Conducting clinical trials; Conducting clinical trials for pharmaceutical products; Consultancy relating to research in the field of pharmacogenetics; Biological research, clinical research and medical research; Biomedical research services; Clinical trials; Clinical trials (conducting); Clinical research; Information technology services for the pharmaceutical and healthcare industries; Research of pharmaceuticals; Advice relating to the design of computer hardware; Computer design services; Computer consultancy services; Advisory services relating to computer software; Advice and consultancy in relation to computer networking applications; Advice relating to the development of computer systems; Advisory and consultancy services relating to computer hardware; Consultancy and information services relating to computer programming; Consultancy and information services relating to software maintenance; Consultancy and information services relating to computer software design; Consultancy and information services relating to information technology; Consultancy relating to computer systems; Consultancy services relating to software used in the field of e-commerce; Consultancy services relating to computer networks; Consultancy services relating to computer systems; Consultancy relating to software for communication systems; Information services relating to the development of computer networks; Information services relating to the development of computer systems; Information services relating to the application of computer systems; Information services relating to the application of computer networks; Information services relating to computers; Information services relating to information technology; Information technology [IT] consultancy; Information technology [IT] consulting services; Consultation services relating to computer software; Software consultancy services; Software consulting services; Technical services for the downloading of software; Consultancy in the field of pharmaceutical research; Consultancy in the field of bacteriological research; Pharmaceutical research and development; Pharmaceutical research services; Medical research; Research and development in the pharmaceutical and biotechnology fields; Research in the field of pharmacogenetics; Providing information on clinical studies via an interactive website; Providing information about the results of clinical trials for pharmaceutical products; Research and development of vaccines and medicines; Research and development for the pharmaceutical industry; Research on the subject of pharmaceuticals; Research relating to medicines; Research relating to medicine; Research relating to pharmaceuticals; Services for assessing the efficiency of pharmaceuticals; Testing of pharmaceuticals; Engineering services in the field of communications technology; Engineering services relating to data processing; Engineering services relating to computer programming; Engineering services relating to the design of electronic systems; Engineering services relating to the design of communications systems; Engineering services relating to automatic data processing; Telecommunications engineering consultancy; Conducting clinical trials in the field of cardiovascular disease; Product quality testing services; Product safety testing; Design of computer hardware for the manufacturing industries; Design and development of computer hardware; Design and development of computer hardware architecture; Design of computer hardware; Design of computer peripherals.
Latest News
- FEDERAL CIRCUIT AFFIRMS TTAB DECISION ON REFUSAL
May 28, 2021For the purpose of packaging of finished coils of cable and wire, Reelex Packaging Solutions, Inc. (“Reelex”) filed for the registration of its box designs under International Class 9 at the United States Patent and Trademark Office (“USPTO”).
- THE FOURTH CIRCUIT DISMISSES NIKE’S APPEAL OVER INJUNCTION
May 27, 2021Fleet Feet Inc, through franchises, company-owned retail stores, and online stores, sells running and fitness merchandise, and has 182 stores, including franchises, nationwide in the US.
- UNO & UNA | DECISION 2661950
May 22, 2021Marks And Spencer Plc, Waterside House, 35 North Wharf Road, London W2 1NW, United Kingdom, (opponent), represented by Boult Wade Tennant, Verulam Gardens, 70 Grays Inn Road, London WC1X 8BT, United Kingdom (professional representative)