The trademark b/flex was filed by Bytec GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 10, 2020, and received one opposition filed on June 7, 2020 by 3M Company on Likelihood of confusion. the opponent was represented by WILLIAM JAMES KOPACZ and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 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 9 with following description of goods:
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Measuring, detecting, monitoring and controlling devices
Magnets, magnetizers and demagnetizers
Navigation, guidance, tracking, targeting and map making devices
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Diving equipment
Scientific and laboratory devices for treatment using electricity
Server software
Cloud servers
File servers
Intranet servers
Internet servers
Server-side software
Web server software
Cloud server software
Network facsimile servers
Electronic mail servers
Web application and server software
Servers for home automation
Virtual server software
Network access server hardware
Servers for web hosting
Ethernet hardware
LAN [local operating network] hardware
Computer hardware
Virtual reality hardware
Hardware for electronic driving assistance systems
Computer networking hardware
Data processing equipment
WAN [wide area network] hardware
Data communications hardware
Peripheral devices for data reproduction
Hardware testing software
Hardware reliability software
Computer hardware for facilitating payment transactions by electronic means
Computer software packages
Computer groupware
Bioinformatics software
Integrated software packages
Software and applications for mobile devices
Computer firewall software
Computer whiteboard software
Software for GPS navigation systems
Augmented reality software
Games software
BIOS software
Computer software applications, downloadable
Computer software platforms, recorded or downloadable
Website development software
Computer screen saver software
Privacy protection software
Tax preparation software
Electronic sports training simulators [computer hardware and software-based teaching apparatus]
Computer programs and software for image processing used for mobile phones
Downloadable applications for use with mobile devices
Software for processing images, graphics and text
Augmented reality software for creating maps
Augmented reality software for use in mobile devices
Software for searching and retrieving information across a computer network
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Software
Computer network-attached storage [NAS] hardware
Digital solutions provider [DSP] software
Electronic apparatus for testing the sterility of pharmaceuticals and injectable solutions
All of the above goods excluding respirators and other devices for respiratory protection.
The mark was filed in class 42 with following description of goods:
Design services
IT services
Testing, authentication and quality control
Science and technology services
Internet security consultancy
Data security consultancy
Advisory and information services relating to computer peripherals
Providing information about the design and development of computer software, systems and networks
Computer system analysis
Diagnosing computer hardware problems using software
Development and testing of computing methods, algorithms and software
Development of systems for the processing of data
Development of systems for the storage of data
Development of systems for the transmission of data
Design and development of computer peripherals
Design and development of wireless data transmission apparatus
Design and development of wireless data transmission apparatus, instruments and equipment
Design and development of systems for data input, output, processing, display and storage
Design and development of data storage systems
Design and development of data display systems
Design and development of data entry systems
Design and development of data processing systems
Monitoring of computer systems by remote access
Research in the field of data processing technology
Research in the field of telecommunications technology
Research in the field of information technology
Creating and maintaining websites for cellular phones
Engineering services relating to computers
Outsource service providers in the field of information technology
Planning, design, development and maintenance of online websites for third parties
Server administration
Technical writing
Administration of user rights in computer networks
Updating Internet pages
Updating of computer software
Updating of computer programs
Consultancy in the field of software design
Consultancy relating to computer database programs
Providing information about the design and development of computer hardware and software
Providing information in the field of computer software development
Providing Internet search engines with specific search options
Computer programming and software design
Advisory services relating to computer programming
Advisory services relating to computer programming
Software design and development
Computer software research
Installation and maintenance of computer programs
Design, maintenance and up-dating of computer software
Design, maintenance and up-dating of computer software
Design, maintenance, rental and updating of computer software
Software design and development
Computer software design
Design of computer databases
Design of computer hardware and software
Design of web pages
Development, updating and maintenance of software and database systems
Developing and updating computer software
Development and maintenance of computer database software
Development and maintenance of computer software
Development of computer software application solutions
Development of computer hardware and software
Development of computer platforms
Development of computer programs
Development of computer software for use with programmable controllers
Development of computer software for use with computer-controlled switching systems
Development of computer software for creating electronic television program guides
Computer software design
Development of programmes for data processing
Software development
Design of software for use with printing machines
Design, development and programming of computer software
Design and development of Internet security programs
Design and development of word processing software
Design and development of software for database management
Design and development of software for control, regulation and monitoring of solar energy systems
Design and development of software for electronic television program guides
Design and development of data output systems
Design and development of computer software for logistics
Design and development of software for importing and managing data
Design and development of software for inventory management
Design and development of computer software for use with medical technology
Design and development of electronic language translation dictionaries and databases
Design and development of computer hardware for the manufacturing industry
Design and development of computer software for evaluation and calculation of data
Design and development of computer software for reading, transmitting and organising data
Design and development of energy management software
Design and development of navigation systems
Design and development of route planning software
Design and development of electronic dictionaries
Design, maintenance, development and updating of computer software
Design and development of computer software architecture
Research and development of computer software
Preparation of data processing programmes
Creating and designing website-based indexes of information for others [information technology services]
Writing of computer programs
Preparation of reports relating to computer programming
Creating programmes for data processing
Research relating to the development of computer programs and software
Provision of information relating to computer programs
Provision of information relating to computer programming
Research and consultancy services relating to computer software
Research relating to the development of computer software
Creating and maintaining web sites for others
Advisory and information services relating to computer software
Implementation of computer programs in networks
Installation, maintenance and updating of computer software
Installation, repair and maintenance of computer software
Installation and maintenance of database software
Installation and maintenance of computer programs
Installation of database software
Installing computer programs
Installation of Internet access software
Installation, maintenance and updating of database software
Installation,maintenance and repair of software for computer systems
Installation of software
Configuration of computer software
Programming of computer software for reading, transmitting and organising data
Programming of software for importing and managing data
Programming of software for database management
Programming of computer software for evaluation and calculation of data
Computer programming for data processing and communication systems
Programming of energy management software
Programming of Internet security programs
Programming of software for information platforms on the Internet
Programming of telecommunications software
Programming of web pages
Repair of computer software
Writing of computer software
Software development in the framework of software publishing
Software engineering
Software engineering services for data processing programs
Software development
Computer software technical support services
Testing of computer software
Upgrading of computer software
Maintenance and updating of software for communication systems
Maintenance and upgrading of computer software
Maintenance and repair of software
Website design
Maintenance of software
Compilation of web pages for the Internet
Consultancy in the design and development of computer hardware
Design of computer hardware
Design of computer peripherals
Design of computer hardware
Design of computer hardware
Design of computer hardware
Development and design of digital sound and image carriers
Development of computer hardware for computer games
Design and development of computer hardware architecture
Design and development of computer hardware
Research in the field of computer hardware
Research relating to the development of computer hardware
Research and development services relating to computer hardware
Testing of computer hardware
Consultancy and information services relating to software rental
Providing search engines for the internet
Cloud computing
Rental of computers and computer software
Computer services concerning electronic data storage
Electronic data storage
Electronic storage services for archiving electronic data
Electronic storage services for archiving databases, images and other electronic data
Electronic storage services for archiving databases
Electronic storage of archived e-mails
Electronic storage of digital images
Electronic storage of audio files
Electronic storage of digital video files
Electronic storage of digital music
Electronic storage of digital audio files
Electronic storage of files and documents
Electronic storage of documents
Electronic storage of images
Electronic storage of videos
Electronic storage of photographs
Electronic storage of medical records
Electronic storage of documents and archived e-mails
Electronic storage of entertainment media content
Electronic storage of digital photographs
Off-site data backup
Hosting computer sites
Hosting a website for the electronic storage of digital photographs and videos
Hosting platforms on the Internet
Hosting of software for use in library management
Hosting web sites
Interactive hosting services which allow the users to publish and share their own content and images online
Configuring computer hardware using software
Providing on-line non-downloadable software for database management
Platform as a Service [PaaS]
Server hosting
Programming of software for inventory management
Backup services for computer hard drive data
Software as a service [SaaS]
Rental of software
Rental of operating software for computer networks and servers
Rental of computer database software
Rental of computer hardware and computer software
Rental of computers and computer software
Rental of computer hardware and computer software
Rental of computers and computer software
Rental of computer software relating to travel
Rental of database management software
Rental of software for importing and managing data
Rental of data processing programs
Rental of Internet security programs
Rental of software for inventory management
Rental of financial management software
Rental of web servers
Temporary electronic storage of information and data
Hosting electronic memory space on the Internet for advertising goods and services
Providing computer facilities for the electronic storage of digital data
Rental of computers for data processing
Computer rental
Consultancy in the field of computer security
Information technology [IT] consultancy
Computer software consultancy
Consultancy relating to the creation of homepages and Internet pages
Consultancy and information services relating to information technology architecture and infrastructure
Consultancy and information services relating to software maintenance
Consultancy and information services relating to computer software design
Consultancy and information services relating to the design, programming and maintenance of computer software
Consultancy and information services relating to computer system integration
Consultancy in the field of security software
Consultancy relating to software for communication systems
Consultancy in the field of computer system analysis
Consultancy in the field of computer system integration
Consultancy relating to the recovery of computer data
Providing information on computer technology and programming via a web site
Provision of technical information in relation to computers
Professional consultancy relating to computer security
Technical consultancy relating to the installation and maintenance of computer software
Technical consultancy relating to the application and use of computer software
Computer virus protection services
Computer programming services for electronic data security
Electronic monitoring of personally identifying information to detect identity theft via the internet
Unlocking of mobile phones
Electronic monitoring of credit card activity to detect fraud via the internet
Monitoring of computer systems to detect breakdowns
Monitoring of computer systems for detecting unauthorized access or data breach
Recovery of computer systems for detecting unauthorized access or data breach
Recovery of computer data
Reconstruction of database systems for others
Data encryption services
Digitization of documents [scanning]
Compression of data for electronic storage
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Conversion of images from physical to electronic media
Duplicating computer programs
Conversion of texts to digital format
All of the above services not in relation to respirators and not in relation to respiratory protection.