The trademark KATALYST D2D was filed by Advanced Chemistry Development, Inc., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on September 15, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on December 15, 2020 by KPMG, S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and its proceedings were handled in English The second opposition filed on December 13, 2020 by Cisco Technology, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING LLP and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003136831 was refused according to Article 8(1)(b) EUTMR with decision issued on June 22, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for designing, planning and executing experiments in the fields of chemistry and chemical biology
Computer software for analyzing, organizing, consolidating, interpreting, reporting and sharing data as to the design and execution of experiments in the fields of chemistry and chemical biology and as to the results generated by such experiments
Computer software for supporting the integration of data as to the design and execution of, and the results generated by, experiments in the fields of chemistry and chemical biology to hardware and software systems
None of the aforementioned goods being in relation to interconnecting, managing and operating local and wide area networks, including local area network (lan) switches, or business data analytics software, including software for audit assignments and tax issues.
The mark was filed in class 42 with following description of goods:
Application service provider, namely developing and maintaining computer software in the fields of chemistry and chemical biology that may be downloaded from a central computer server and provided on media, namely, CDs, CDRoms, DVDs, MP3s, mini-discs, magnetic data carriers
Application service provider, namely hosting of software in the fields of chemistry and chemical biologyon on a global computer network for others
Software as a service (SAAS), namely providing computer software for designing, planning and executing experiments in the fields of chemistry and chemical biology
Software as a service (SAAS), namely providing computer software for analyzing, organizing, consolidating, interpreting, reporting and sharing data as to the design and execution of experiments in the fields of chemistry and chemical biology and as to the results generated by such experiments
Software as a service (SAAS), namely providing computer software for supporting the integration of data as to the design and execution of, and the results generated by, experiments in the fields of chemistry and chemical biology to hardware and software systems
None of the aforementioned services being in relation to business data analytic services, including audit assignments and tax issues or interconnecting, managing and operating local and wide area networks, including local area network (lan) switches.