The trademark XSbyte was filed by Heemstra Holding, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 30, 2021, and received one opposition filed on August 4, 2021 by LeaseWeb IP B.V. on Likelihood of confusion. the opponent was represented by MerkWerk B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2021
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 in the field of digital economy
Computer programs in the field of digital economy
Software applications in the field of digital economy
Hardware in the field of digital economy
Computers in the field of digital economy
Intercoms
Software and equipment for networks, namely network hardware and software for monitoring and managing mutual networks of machines
Software and equipment for networks, namely hardware and software for networks for data collection applications
Software and network equipment, namely hardware and software for monitoring and managing data
Software for database management
Computer programs and software for operating third-party machines, equipment and computer systems
Software for clearing payments of financial assets, managing the transfer of titles of financial and non-financial assets
Software for providing financial services
Software that allows users to access, organize, store and analyze data
Software for data management, analysis and reporting
Software for uploading, downloading, accessing, posting, displaying, editing, tagging, blogging, vlogging, streaming, linking, sharing or otherwise providing electronic media, information or data through computers, mobile devices, electronic devices or communication networks
Software for sending and receiving transmission of text, electronic documents, databases, data, graphics, images, sound or image information through computers, mobile devices, electronic devices or communication networks
Software for collecting, editing, organizing, modifying, transferring, storing and sharing transfer of text, electronic documents, databases, data, graphics, images, sound or image information
Electronic bulletin boards
Message systems
Software applications
Application software for collecting, editing, organizing, modifying, transferring, storing and sharing transfer of text, electronic documents, databases, data, graphics, images, sound or image information
Computer software for use as an interface for application programming (api)
Software in the form of an interface for application programming (api) for software for enabling online services for social networks, building applications for social networks and for retrieving, uploading, downloading, accessing and managing data
Software for streaming audiovisual media material via computers, mobile devices, electronic devices or communication networks
Application software for processing electronic payments to and from third parties, which can be downloaded from computers, mobile devices, electronic devices or communication networks
Application software for social networks
Search programs (software) for computers
Computer programs for accessing, browsing and searching on-line databases
Software for managing personal information
Software for data synchronization
Software for encryption, decryption and authentication
Encrypted loyalty cards
Electronic keys
Electronic key cases
GPS tracking and positioning devices
Network communication equipment
Communication equipment
Hardware and software for computer games
Equipment, software and hardware for virtual and added reality
Software and hardware for group games
Software and computer equipment for the reservation and issuance of tickets for events, restaurants, bars, music concerts and other leisure and cultural events
Software for trading purposes over a global communications network
Equipment for securing stored valuables
Protective cases, wallets and card holders to securely store high-tech RFID (Radio Frequency Identification) or NFC (Near Field Communication) cards such as public transport passes, credit cards, bank cards and admission tickets
Keyboards for computers, smartphones and tablets
Wireless keyboards
None of the aforementioned goods for or relating to vehicles.
The mark was filed in class 35 with following description of goods:
Updating of business information in computer databases
Business administration of licenses on third-party products and services
Cost price analysis
Economic forecasting
Import and export agencies
Advertising [on-line] on a computer network
Presentation of goods on communication media, for sales purposes
Provision of online sales venue for buyers and sellers of goods and services
Market research and information
Sales promotion
Promotion of third-party goods and services through computers, mobile devices, electronic devices or communication networks
Sales promotion through loyalty programs
Facilitating exchange and sale of third-party services and products through computers, mobile devices, electronic devices or communication networks
Preparation, publishing and distribution of third-party advertising and promotional materials
Provision of online facilities for connecting sellers with buyers
Online retailing related to the sale of digital media, namely images, films, musical and audiovisual works and related merchandise
Commercial network services
Provision of business, consumer and trade information
Market research regarding habits of Internet users and customer loyalty
E-commerce (Services in the field of -), namely provision of information on products through telecommunications networks for advertising and sales purposes
Information, advice and consultancy related to the aforementioned services, including the online provision of such services provided from a computer database or through the Internet or extranets
None of the aforementioned services relating to vehicles.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision of access to data files
Computer-assisted transmission of messages and images
E-mail services
Making available of discussion forums on the Internet
Offering online forums
Rental of telecommunications equipment
Services related to providing access to the Internet
Establishing telecommunications connections to a global computer network
Transmission of digital files
Wireless broadcasting
Secure transmission of data
Communication via computer terminals and via optical fiber networks
Transmission of information through telematics applications
Transmission of data, in particular packet transmission of information and images
Multimedia services for the transmission of data
P2p sharing of data, namely, Electronic transmission of digital files
Provision of access to download data
Dissemination of information through electronic means
Offering access to search engines
Transmission and reception of data, signals and information processed by computers or telecommunication devices and instruments
Offering access time to databases and automated database servers
Offering access to multimedia materials on electronic communication networks
Secure transmission of text, data, sound, images and moving pictures, messages
Data transmission services
For electronic data exchange services
Transmission of information and data through computer networks and the Internet
Transmission and distribution of information and data through computer networks and the Internet
Communication facilities (Provision of -) for the exchange of digital data
Provision of access to computer networks and to the Internet
Electronic transmission of computer programs over the Internet
Broadcasting of programs over a global computer network
Providing access to a global computer network
Providing access to a global computer information network
Providing access to a global computer information network to multiple users simultaneously
Data transmission services between interconnected computer systems
None of the aforementioned services relating to vehicles.
The mark was filed in class 42 with following description of goods:
Cloud computing
Computer programming
Software development
Systems analysis
Computer systems design
Software consulting
Computer technology consulting
Computer hardware design and development consulting
Computer software writing, design and development
Third party network systems monitoring
Computer network services
Computer network configuration services
Computer network development
Designing, developing, managing and maintaining websites
Providing an internet search engine
Creation, management, development, design, maintenance and hosting of websites
Design and creation of customer-specific online web pages with user-defined information
Housing of electronic commerce platforms for shipping, promotion, sale and resale of items through a global computer network
Development, design, management and maintenance of mobile apps
Development, design, management and maintenance of software for logistics, supply chain management and electronic commerce portals
Database design
Leasing, renting, rental of computer programs and software
Electronic data storage
Graphic design
Remote monitoring of computer systems and computer networks
Software updating
Scientific and technological services, as well as related research and design services
Preparing, updating, maintaining and renting computers, computer programs and software
Preparing, designing, installing, updating, maintaining and renting computer programs and software for the operation of third-party machinery, equipment and computer systems
Rental of computers and computer peripherals
Consulting services related to information technology
Information related to IT and programming through websites
Consulting in the field of telecommunication technology
Provision of software [SaaS]
Computer services for third parties, namely, implementing and operating computer networks consisting of hardware and software for securing, monitoring and managing mutual networks of machines
Technical support, namely, monitoring of network systems and troubleshooting in the form of detection of hardware and software problems
Designing and developing computer systems for the collection, storage and transmission of data
SaaS services (the provision and use of software over the Internet), namely hosting software for use by third parties for securing, monitoring and managing inter-machine networks
Services of an application service provider
Application service provider (asp) offering software for enabling or facilitating the uploading, downloading, streaming, posting, displaying, blogging, vlogging, linking, modifying, sharing or otherwise offering electronic media, photos or information via communication networks, computers, mobile devices or electronic devices
Offering temporary use of non-downloadable software applications for social networking, creating a virtual community and transferring text, electronic documents, databases, data, graphics, images, sound or image information
Computer services in the form of customer-specific online feeds or pages with user-defined or specified information, personal profiles, sound, video, images, text, graphics and data
Encoding, decoding and authentication of text, electronic documents, databases, data, graphics, images, sound or image information
Computer services, namely the provision of search engines for obtaining data on computers, mobile electronic devices or communication networks
Hosting of platforms for electronic commerce on the Internet
Platform as a service (PAAS services)
Consulting related to website design
Preparation of data processing programs
Application service provider (asp) services with software for enabling the uploading, downloading, streaming, posting, displaying, blogging, connecting, sharing or otherwise providing electronic media or information over communication networks
Computer services in the form of creating and maintaining customer-specific web pages with user-defined or specified information, personal profiles, sound, video, photographic images, texts, graphics and data
Design, creation of third-party advertising and promotional materials
Information, consulting and advisory services related to the aforementioned, including the online provision of such services provided from a computer database or via the Internet or Extranet
None of the aforementioned services relating to vehicles.