The trademark Fenix Cloud-Services was filed by Bernhard Frohwitter, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 26, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 28, 2020 by Fenics Software, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and its proceedings were handled in English The second opposition filed on June 24, 2020 by Phoenix Contact GmbH & Co. KG on Likelihood of confusion. the opponent was represented by TAYLOR WESSING and its proceedings were handled in German
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1184/2022-2 was No decision on opposition according to Article 47(2) EUTMR with decision issued on February 8, 2023 by the EUIPO. The Appeal with reference B R2491/2023-2 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on August 8, 2024 by the EUIPO. The Opposition with reference B 003124832 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 5, 2022 by the EUIPO. The Opposition with reference B 003124832 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Virtual server software
Cluster computer system hardware
Computer software for the setup, configuration and management of cluster computer systems, supercomputer systems, operating system software and multiple computers in a networked environment
Cluster computer system software
Supercomputer systems
Computer networks consisting of a number of computers
Computer software in the field of operating and enhancing high performance and high availability computer hardware and computer networks.
The mark was filed in class 37 with Installation and maintenance of hardware for cluster networks and grid architectures.
The mark was filed in class 42 with following description of goods:
Services for the design of interactive computer software
Services relating to interactive computer networks
Technological services relating to interactive computers
Services for the design of scalable computer software
Services relating to scalable computer networks
Technological services relating to scalable computers
Providing of virtual computer systems by means of cloud computing
Electronic data storage
Online data storage
Computer services concerning electronic data storage
Cloud computing
Consultancy relating to the use of high-performance computers
Design of high performance and high availability computer systems, cluster computer systems, supercomputer systems, multiple computer systems and computer networks
Research relating to data processing
Research in the field of information technology
Research in the field of data processing technology.
The mark was filed in class 45 with following description of goods:
Generation, acquisition, disposal and evaluation of industrial property rights, in particular patents
Licensing of industrial property rights, Industrial property licensing consultancy