The trademark START-UP ACCEL was filed by OSYPKA AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 14, 2020, and received one opposition filed on September 14, 2020 by Accel Holdings L.L.C. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Provision of business consultancy to firms and individuals
Business consulting
Business management and organization consultancy
Development of business strategies
Business management
Business activity development services
Business development
Business planning and business strategies
Public relations services
Arranging of trade fairs and exhibition for commercial or advertising purposes
Business organisation consulting
Placement of staff
Business management planning
Sponsorship search
Business consultancy and advisory services relating to personnel recruitment, product development, growth financing, marketing management consultations, acquisitions, manufacturing processes, business mergers, business mergers, bookkeeping and disposals
Business consultancy and advisory services relating to advertising, sales, transport and delivery, product manufacturing, to company performance, the determination of pay and grading structures, the determination of pay and grading structures by job evaluation
Dissemination of advertising matter
Promotion services
Commercial intermediation services
Provision of commercial and business contact information
Services in the field of joint ventures (business consultancy)
Negotiations of contracts for others
Procurement of contracts and arranging of contractual [trade]services [for others]
Brokerage of name and address based lists, in particular for advertising purposes
Provision of commercial and business contact information
Mediation of contracts for purchase and sale of products
Business intermediary and advisory services in the field of selling products and rendering services
Commercial administration of the licensing of the goods and services of others
Drawing up of business expert reports
Operation of businesses [for others]
Marketing services
Arranging and conducting of advertising events
Presentation of companies on the Internet and other media
Rental of office facilities, machines and apparatus
Mediation of advertising.
The mark was filed in class 36 with following description of goods:
Rental of offices [real estate]
Rental of real estate and property
Letting of showrooms
Rental of office space
Renting of commercial premises
Financial consulting
Financial analysis
Computerised financial analysis
Financial sponsorship
Credit agencies
Insurance consultancy
Arrangement of loans, venture capital and provision of finance for enterprises
Leasing of office apparatus, machines and equipment
Leasing of laboratory apparatus, machines and equipment
Leasing of medical apparatus and equipment
Leasing of science and technology equipment.
The mark was filed in class 41 with following description of goods:
Providing of training
Coaching [training]
Training and further training consultancy
Vocational retraining
Vocational guidance [education or training advice]
Coaching, in particular relating to finance, economic and management matters
Training and education in academies
Teaching
Correspondence courses
Correspondence courses
Organisation, conducting, preparation and arranging of seminars, conferences, congresses and symposia, workshops, colloquiums, courses
Organising of education exhibitions
Lending of books and periodicals
Providing on-line electronic publications, not downloadable.
The mark was filed in class 42 with following description of goods:
Technical project studies
Scientific and technological services and research
Consulting services in the field of information technology
Computer system design and development
Rental and maintenance of computer software
Installation of software
Computer system analysis
Design and development of computer systems and computer software
Preparation of data processing programmes
Electronic data storage
Cloud computing
Server hosting
Software as a service [SaaS]
Rental of web servers
Web site design consultancy
Software design for others
Computer system design
Services of an EDP programmer
Graphic-design services
Physics [research]
Engineering services
Technical testing
Scientific testing services
EDP consultancy
Surveying
Surveying
Technical research
Research and development for others
Product development and engineering services for others
Construction drafting
Inquiries, research in databases and on the Internet, for scientific and research purposes
Quality control
Quality control
Technical consultancy
Certification services
Rental of laboratory apparatus, machines and equipment
Renting and leasing computer hardware and software
Hosting online web facilities for others for sharing online content
Rental of science and technology equipment
Rental of operating software for accessing and using a cloud computing network.
The mark was filed in class 45 with Legal services relating to the negotiation and drafting of contracts relating to intellectual property rights.