The trademark Rainmaker Society was filed by RainmakerSociety GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 24, 2021, and received one opposition filed on June 21, 2021 by Fluhrer, Helmut on Likelihood of confusion. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2021
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 003149209 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 10, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Downloadable software applications in the form of networking software for employers, employees and recruitment agencies, and businesses and investors
Electronic databanks
Data processing equipment and computers
Data storage devices
Mobile apps
Data, documents, information, photographs, video, audio, text and other media or multimedia, all being electronically recorded or downloadable from the internet or other communications networks
Electronic publications stored on computer media
Downloadable electronic publications
Executive recruitment software.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Human resources management and recruitment services
Personnel recruitment
Human resources consultancy
Career placement consulting services
Personnel recruitment agency services
Employee leasing
Staff utilisation planning
Personnel services
Evaluation of personnel requirements
Collection of personnel information
Providing recruitment information via a global computer network
Providing of information, including via the internet, in the fields of personnel placement, personnel recruitment, career paths, personal questions with regard to professional development and the world of work, professional opportunities, job listings and CVs
Providing on-line interactive employment counseling and recruitment services
Online personnel placement
Networking services for employers, employees and recruitment agencies, and businesses and investors
Employment agency services
Forwarding of responses to job advertisements via computer networks
Careers advice
Forwarding of resumes and/or curriculum vitaes and information between potential employees and potential employers
Analysis and accumulation of data relating to businesses as employers and potential employees, being recruitment agency services
Automated comparison of data from business and applicant databases
Establishing suitable candidates for job opportunities using semantic searching and semantic matching
Dissemination of advertising for others via the Internet
Talent intermediary services, personnel selection and scouting, consulting and advice to career plans, personnel hiring
Employment consultancy
Online business networking services
Business networking and knowledge exchange between persons and businesses
Executive placement services.
The mark was filed in class 41 with following description of goods:
Career and vocational counselling (education)
Organizing events and conferences
Organisation of talent shows, Editorial services
Organisation of Webinars.
The mark was filed in class 42 with following description of goods:
IT services
Platform as a service (PaaS) in the form of a networking website for employers, employees and recruitment agencies, and businesses and investors
Software as a service (SaaS) in the form of a website for providing and exchanging job advertisements and applicant information
Consultancy with regard to the application of software, in particular for software for managing, systemisation and filtering of information from job advertisements, covering letters and curricula vitae.