The trademark SUNSHINE was filed by Zendesk, Inc, a U.S. corporation (the "Applicant"). The application was published for oppositions on May 2, 2021, and received one opposition filed on July 27, 2021 by SOPARTECH SA on Likelihood of confusion. the opponent was represented by Plasseraud IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on March 22, 2021.
The Appeal with reference B R0822/2023-5 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on July 29, 2024 by the EUIPO. The Opposition with reference B 003151652 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded and downloadable computer software for customer relationship management (CRM)
Recorded and downloadable computer software for data analysis in the field of customer service and customer support
Recorded and downloadable computer software for business database management in the field of customer service and customer support
Recorded and downloadable computer software for data aggregation in the field of customer service and customer support
Recorded and downloadable computer software for tracking user behavior as it relates to customer support
Recorded and downloadable computer software for electronic communications, namely, email, chat, instant messaging, text messaging, and voice over internet protocol (VOIP) between users and customer support.
The mark was filed in class 35 with following description of goods:
Business management in the field of customer relationship management (CRM)
Outsource service provider in the field of customer relationship management
Customer service management for others
Compiling and analyzing statistics, data and other sources of information for business purposes in the field of customer relationship management (CRM).
The mark was filed in class 38 with Communication services, namely, providing electronic transmission of information stored in a database via interactively communicating computer systems, in the field of customer relationship management (CRM).
The mark was filed in class 42 with following description of goods:
Data mining in the field of customer relationship management (CRM)
Providing temporary use of online, non-downloadable computer software for customer relationship management (CRM)
Providing temporary use of online, non-downloadable computer software for data analysis in the field of customer service and customer support
Providing temporary use of online, non-downloadable computer software for business database management in the field of customer relationship management (CRM)
Platform-as-a-service (PAAS) featuring computer software platforms for organizing and maintaining computer applications and application programming interfaces (APIs)
Platform-as-a-service (PAAS) featuring computer software platforms for customer relationship management
Providing temporary use of non-downloadable computer software for data aggregation in the field of customer service and customer support
Data aggregation in the field of customer relationship management (CRM)
Platform as a service (PaaS) software for compiling data
Platform as a service (PaaS) featuring computer software platforms for retrieving, tracking, analyzing, testing, measuring and managing data, customer data and customer interactions in the fields of business, sales, customer service, customer relationship management, security, and authentication
Platform as a service (PaaS) featuring computer software platforms for planning, personalization, and analysis of customer data across social media, customer relationship management (CRM) systems, point-of-sale systems, web analytics, email and mobile devices.