The trademark SODA was filed by Soda Data NV, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on September 14, 2020, and received one opposition filed on December 10, 2020 by 7104189 CANADA INC. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RÖSLER · RASCH · VAN DER HEIDE & PARTNER PATENT- UND RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2020
The application was filed in Dutch, and Dutch 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:
Software intended for use by data- engineers, analysts and owners for the purpose of analysis, monitoring, instrumentation, and optimization of data workflows and their resulting datasets
Software intended for use by data- engineers, analysts, and owners for the purpose of detection, observability, analysis, and remediation of data issues in relation to the management of data workflows and datasets
All of the aforementioned goods excluding software for use in the public transport sector
All of the aforementioned goods excluding software for document management and software for manipulating and converting digital images between pdf and other file formats.
The mark was filed in class 42 with following description of goods:
Research in the field of data processing technology
Design, development, programming and implementation of software intended for use by data- engineers, analysts, and owners for the purpose of analysis, monitoring, instrumentation, and optimization of data workflows and their resulting datasets
Design, development, programming and implementation of software intended for use by data- engineers, analysts and owners for the purpose of detection, observability, analysis and remediation of data issues in relation to the management of data workflows and datasets
Software as a service (SaaS) in relation to analysis, monitoring, instrumentation and optimization of data workflows and their resulting datasets
Software as a service (SaaS) in relation to detection, observability, analysis and remediation of data issues in relation to the management of data workflows and datasets
Software engineering in relation to Software intended for use by data- engineers, analysts and owners for the purpose of analysis, monitoring, instrumentation and optimization of data workflows and their resulting datasets
Software engineering in relation to Software intended for use by data- engineers, analysts and owners for the purpose of detection, observability, analysis and remediation of data issues in relation to the management of data workflows and datasets
All of the aforementioned services excluding services rendered in the public transport sector
All of the aforementioned services excluding services related to computer programs for document management and software for manipulating and converting digital images between pdf and other file formats.