The trademark tactix was filed by Harald Lemmerer, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 6, 2020, and received one opposition filed on February 8, 2021 by Boost Collectibles on Likelihood of confusion. the opponent was represented by Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2021
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:
Computer software, in particular for search engines, structuring of data and information, for internet platforms and for the production of homepages on the internet
Games software
Software for internet shops
Software enabling others to make electronic purchases on websites
Protective headgear for athletes
Mouthguards for athletic use
Computer hardware and peripherals, namely, global wireless networking products
Computer software, namely, global wireless software solutions
Mobile telephones
Personal music players
Web browser devices
Communications networks
Computer network apparatus and instruments
Computer networks for processing, storage and communication of data
Computer programmes relating to computer networks
Data networks
Data transmission networks
Local area networks
Memory apparatus for telecommunications
Network controlling apparatus
Computer programs for network management
Telecommunications networks
Network management control apparatus
Computer programmes relating to local area networks
Connecting elements for communication networks
Apparatus for network communication
Apparatus for use in communications networks
Data processing equipment & computers
Apparatus for recording, transmission or reproduction of sound or images
Apparatus for the transmission of data
Electronic apparatus for the transmission of data
Electronic devices for the transmission of data between computers
Electronic industrial network apparatus for high speed data transmission
Wireless data transmitters
Monitors
Touch panels
Interactive terminals
Monitors
Monitors
Tablet monitors
Electronic visual display units
Touch sensitive
Electronic screens
Video conferencing monitors
Stands for televisions
Computer display screen software
Electronic pens [visual display units]
Computer software to enable teleconferencing, videoconferencing and videophone services
Sports training simulators
Analysis software for sports purposes
Analysis software for team games
Video games.
The mark was filed in class 25 with following description of goods:
Snow boots
American football bibs
Ski boot bags
Parkas
Sleeveless jerseys, Arm warmers [clothing]
Sports shoes
Warm-up pants
Bathing costumes for women
Bathing suits for men
Fitted swimming costumes with bra cups
Swim wear for gentlemen and ladies
Bathing trunks
Trunks
Bathing suits
Bath robes
Bathing caps
Bath sandals
Bath slippers
Bath slippers
Swim shorts
Swimming trunks
Bathwraps
Dressing gowns
Baseball uniforms
Baseball caps
Baseball caps
Baseball shoes
Printed t-shirts
Leggings [leg warmers]
Clothing
Clothing for horse-riding [other than riding hats]
Clothing for martial arts
Sportswear
Climbing footwear
Maillots
Deck shoes
Bowling shoes
Boxer shorts
Boxing shoes
Ladies' clothing
Footwear for women
Ladies' boots
Insoles for footwear, One-piece suits
Skating outfits
Athletic tights
Cycling shoes
Moisture-wicking sports shirts
Moisture-wicking sports pants
Moisture-absorbing sports bras
Flat shoes
Casualwear
Casual shirts
Slacks
Leisure shoes
Replica football kits
Football jerseys
Football shoes
Football jerseys
Soccer bibs
Non-slipping devices for footwear
Golf pants, shirts and skirts
Golf caps
Golf footwear
Golf shorts
Unitards
Clothing for gymnastics
Gymnastic shoes
Ankle socks
Neckwear
Scarves
Neck warmers
Handball shoes
Wrist warmers
Gloves [clothing]
Gloves [clothing]
Handwarmers
Bonnets
Shirts
Menswear
Outerclothing for men
Men's socks
Men's underwear
Hockey shoes
Trousers
Sweatpants
Ski trousers
Snowboard trousers
Jackets [clothing]
Jackets being sports clothing
Denims [clothing]
Denim jeans
Denim jackets
Jogging sets (clothing)
Jogging bottoms [clothing]
Jogging sets [clothing]
Sweatpants
Jogging tops
Running shoes
Judo uniforms
Martial arts uniforms
Combative sports uniforms
Hoods [clothing]
Hooded pullovers
Infants' footwear
Clothing
Pockets for clothing
Leisurewear
Mountaineering boots
Knee warmers
Leggings [leg warmers]
Headgear
Sports headgear [other than helmets]
Headscarves
Headscarves
Body warmers
Short-sleeved and long-sleeved T-shirts
Short trousers
Long-sleeved undershirts
Running Suits
Running vests
Running shoes
Underwear
Underwear [sweat-absorbent]
Light-reflecting clothing
Light-reflecting jackets (clothing)
Athletic uniforms
Coats
Caps being headwear
Nighties
Wet suits
Wet suits for surfing
Wet suits for water-skiing and sub-aqua
Cycling tops
Combinations [clothing]
Polo shirts
Sweaters
Clothing for bicycling
Cycling shorts
Waterproof clothing, Rainwear
Waterproof trousers
Rainshoes
Riding gloves
Jodhpurs
Riding shoes
Riding shoes
Rugby shirts
Rugby boots
Rugby shorts
Sandals
Scarves
Referees uniforms
Nightwear
Snow suits
Snow suits
Snow pants
Snow boots
Shoes
Sweat-absorbent underwear
Sweat-absorbent socks
Sweat-absorbent underwear
Sweatbands
Self-adhesive bras
Shirts
Shorts
Boots for skis and snowboards
Skiing and snowboarding suits
Skiing and snowboarding gloves
Skiing and snowboarding trousers
Skiing and snowboarding jackets
Skiing and snowboarding hats
Socks
Sock suspenders
Sportswear
Thermal underwear
Tops [clothing]
Clothing for gymnastics
Walking shoes
Triathlon clothing
Sports jerseys
Dry suits
Handkerchiefs
Gymnastic clothing
Uniforms
Over-trousers
Booties
Underwear
Thermally insulated clothing
Weatherproof clothing
Weatherproof clothing
Wind-resistant and water-resistant clothing
Winter gloves
Caps [headwear]
Peaked caps.
The mark was filed in class 28 with following description of goods:
Aerobic steps
Soccer balls
Adapted covers for golf clubs, skis, ski poles, sporting articles, squash racquets, tennis rackets, bowling balls, rackets and surfboards
Arm guards for sports use
Athletic protective arm pads for cycling
Arms pads for roller skaters, in-line skaters and skateboarders
Inflated balls for sports
Inflatable toys in the form of boats
Equipment for use in fishing, basketball, archery, rugby, polo, cricket, American football, fencing, football, handball, cycling, roller blading, skating, skiing, snowboarding, surfing, sailing, tennis, table tennis, volleyball, water skiing
Baseball
Bathtub toys, Badminton equipment
Balls being sporting articles
Balls for racket sports
Balls for games
Soccer balls
Nets for ball games
Ball pitching machines
Benches for sports and gymnastic purposes
Baseball gloves, bats and balls
Basketballs
Basketball nets
Stomach exercisers
Leg guards for athletic use
Bowling balls, pins and machines
Boxing gloves and rings and punching bags
Boards for water sports
Chest protectors for sports use
Gut for rackets
Darts
Ice hockey pucks, skates and sticks
Ice skates
Electronic activity toys
Electronic sporting articles
Electronic toys
Elbow guards for athletic use
Cases for balls
Chest expanders [exercisers]
Stationary exercise bike
Mitts for ball games
Machines for physical exercises
Indoor fitness and training apparatus
Footballs, football gloves and goals
Apparatus for gambling
Machines for physical exercises
Golf clubs, golf club bags, with and without wheels, golf balls and golf gloves
Golf bag trolleys
Grip bands for rackets
Gymnastic balls and apparatus
Hand pads for sports use
Gloves for athletes
Bar-bells
Skipping ropes
In-line roller skates
Knee guards [sports articles]
Body protectors for sports use
Body-building apparatus
Miniature replica football kits
Nets for ball games
Soccer ball goal nets
Nets for sporting purposes
Whistles
Posts for sports
Rings for sports
Tobogganing
Roller skates
Inflatable toys
Shin guards for athletes
Paddles for use in paddle ball games
Rackets for sports
Protective padding for sports
Protective paddings (sports equipment)
Flippers for swimming
Water wings
Swimming floats for recreational use
Swimming jackets
Skateboards
Ski sticks
Ski bindings
Snowboards
Bindings for snowboards
Pumps especially adapted for use with balls for games
Balls for games
Sporting articles and equipment
Sports games
Sportballs
Sailboards
Paddles
Synthetic strings for use with rackets
Bags adapted to carry sports implements
Tennis balls, rackets and nets
Table tennis balls, bats and tables
Trampolines
Gymnastic articles, not included in other classes
Markers [counters] for playing games
Adhesive tapes for athletes
Goals for sports
Goals for ball game.
The mark was filed in class 35 with following description of goods:
Advertising and promotion via the Internet
Providing information via the internet for marketing purposes
Sales promotion, for others, by means of the distribution of information and advertising via electronic telecommunications facilities and via the internet
Database management
Compilation, capture and retrieval of data and information, for others
Management and indexing of information materials
Creating indexes of information, websites and other information sources
Advertising by means of display screens.
The mark was filed in class 36 with following description of goods:
Finance services
Monetary affairs
Bank services, in particular financial consultancy
Banking
Home banking
Credit bureau services
Concluding monetary transactions with credit cards
Processing of financial transactions via the internet
Loans [financing]
Financing and funding services
Financial analysis
Mutual funds
Electronic funds transfer
Insurance underwriting
Financial banking
Monetary affairs
Bill payment services
Providing electronic mobile payment services for others
The mark was filed in class 38 with following description of goods:
Telecommunication services
Transmission of information by electronic communications networks
Electronically distributing information materials
Delivery and receipt of data by means of electronic transmission
Communications for arranging commercial transactions via electronic communications networks
Electronic transmission of mail and messages
Internet service provider services
Transmission of text messages
Transferring and disseminating information and data via computer networks and the Internet
Providing electronic mail and workgroup communications services
Providing access to websites
Providing of an internet platform with data in the fields of, Messages, Provision of teaching classes, health, Family, Home, And society, entertaining, Sports, Education, arrangement, Commercial and financial information in an electronic database for others.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting activities
Cultural activities
Rental of sports facilities and display screens for training purposes.
The mark was filed in class 42 with following description of goods:
Research, development, design and upgrading of computer software
Updating of computer software
Updating Internet pages
Providing search engines for the internet
Creation or design of advertising blogs for the content of others on internet homepages
IT services relating to the design of information space for content from others on internet homepages
IT services relating to the filtering of information in the fields of news, science, health, family, home, society, entertainment, sport, education, travel, business and financial information corresponding to the enquiries of users via electronic communications media and via the internet
Providing search engines, in particular through the structuring of content and the creation of indices for searching for information and data in connection with the internet and other global computer networks
Website design, development and hosting services
Providing software interfaces available via electronic networks in order to provide personalised access to global computer information networks for the transfer and dissemination of information in the fields of news, science, health, the family, home, society, entertainment, sport, education, travel, business and financial information in the form of texts, electronic documents, databases, graphics and audiovisual information
Providing of internet platforms or other electronic platforms for entertainment purposes
Providing of internet platforms or other electronic platforms enabling the advertisement of events, publication of images and writing of entries in guest books and diaries of users
Providing internet platforms or other electronic platforms for communications betweeen users, and to enable others to create homepages and publish information
Electronic storage of data and information, for other
Professional advisory services relating to mobile phones and computers
Consultancy services relating to computers, computer systems and computer software
Research and development of computer software and mobile phones
Preparation of data processing programmes
Computer software design
Writing of computer software
Leasing, hire and rental of computers, computer systems, computer programs and computer software
Updating of computer software and memory banks of computers and computer systems
Computer, computer systems and computer software consultation and advisory services for business purposes
Installation, repair and maintenance of computer software
Providing of know-how, technical reports, technical services, technical research, professional consultancy, design and updating of computer software, all for the mobile telephone and computer programming industry