The trademark BLUEMINE was filed by DIKW Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on July 12, 2020, and received one opposition filed on August 10, 2020 by O2 Worldwide Limited on Likelihood of confusion. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003128087 was refused according to Article 8(1)(b) EUTMR with decision issued on October 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business management
Business administration
Office functions, including related to IT, ICT, (business) intelligence systems, data storage, data transmission and data communication
Advertising
Business organisation, business economic and business administration consultancy
Business project management
Commercial services, Including network services, management and business mediation services
Commercial consultancy services and commercial management related to IT, ICT, (business) intelligence systems, data storage, data transmission and data communication
Business consultancy relating to e-commerce
Business strategy services
Optimisation of search engines and website traffic
Marketing services
Market canvassing, market research and market analysis
Consultancy and management, Including in the field of business intelligence and big data
Online data processing services
Computerized file management
Collecting, systematising, managing, processing and analysing data
Subscriptions to telecommunications database services
Drafting of business reports
Provision of computerised business statistics
Statistical analysis and reporting services for business and commercial purposes
Data collection for specific purposes, including for companies, organisations and institutions (data mart)
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing of data processing equipment and computers, computer systems, computer peripheral devices, computer software, computer programs for accessing databases and portals, software, software packages, software applications, mobile applications and web applications, applied software for businesses, communication and network software and parts of the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating to computer software for the management of data and files, and database software, paper clips and business application software, system and system supporting software, and firmware, web application and server software, computer software for cloud computing and parts for the aforesaid goods
Commercial business mediation in the purchase and sale, import and export, and wholesaling and retailing relating to computer software for building, manipulating and optimising websites, computers and computer hardware, information technology, communication apparatus, telecommunication apparatus, device-to-device communication apparatus, telecommunication networks and parts for the aforesaid goods
Merchandising
Provision of commercial information
Personnel recruitment and selection
Hiring out, lending out and secondment of personnel, including temporary staff, data analysts, IT and ICT staff
Organisation and conducting of business meetings
Organisation of events for promotional, advertising and/or commercial purposes, including in the field of business intelligence and big data
Computerised stock management
Conducting online research in the field of business management
Collection of statistics for business
Opinion polling
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 38 with following description of goods:
Telecommunications to obtain information from databases
Transfer, distribution, transmission and sending of data, images and sound
Data transmission and data communication services
Automatic transfer of digital data using telecommunications channels
Rental of communication facilities for the interchange of digital data
Providing user access to and providing electronic (communication) networks, including wireless, websites, platforms, portals, content, electronic databases and online communication facilities
Information with regard to the aforesaid services, including the aforesaid services provided via electronic networks, including the internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design services relating thereto
Industrial analysis, industrial research and industrial design
Design and development of computer hardware and software
IT and ICT specialists
Provision of data centre facilities
Data warehousing
Data mining
Data migration services
Data back-up services
Designing, developing, testing, programming, installing, updating, upgrading, implementing, maintaining and providing computer software, software packages, software systems and software applications, data processing software systems and databases, including in the area of business intelligence and big data
Cloud computing, Including the providing of virtual computer systems and computer environments through cloud computing and cloud hosting provider services
Providing of application services (Application Service Providers - ASPs)
Data warehousing as a service (DWaaS)
Infrastructure as a Service [IaaS]
Platform as a Service [PaaS]
Software as a service [SaaS] featuring computer software platforms for artificial intelligence
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.