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).
The Opposition with reference B 003130865 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 15, 2023 by the EUIPO.
Goods And Services
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.