The trademark IMS was filed by IMS Informatik und Management Service AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on July 26, 2021, and received one opposition filed on October 26, 2021 by IQVIA Commercial GmbH & Co. OHG on Likelihood of confusion. the opponent was represented by FISH & RICHARDSON P.C. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 26, 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:
Virtual server software
Plugin software
Server software
Software
Computer software to enable the provision of information via the Internet
Computer game software for use on mobile devices
Integrated software packages
Recorded content
Embedded software
Computer software platforms
System and system support software, and firmware
System software
Computer software to enable the provision of information via communications networks
Computer software packages
Intranet software
System support software
Computer programmes for data processing
Software and applications for mobile devices
Software for monitoring, analysing, controlling and running physical world operations
Software for diagnostics and troubleshooting
Content management software
Data processing programs
Databases
Digital solutions provider [DSP] software
Web application and server software
USB [universal serial bus] operating software
CMS software [Content management system]
Software for mobile phones
Computer application software for use in implementing the Internet of Things [IoT]
Programs for smartphones
Virtual and augmented reality software
Interactive software
Extranet software
Programs for computers
Mobile software
Computer software
Application software
Software and software applications, Container-based
Cloud server software.
The mark was filed in class 35 with Retail services in relation to computer software and Retail services, Relating to software licences, namely, Commercial administration of licensing..
The mark was filed in class 42 with following description of goods:
Conducting feasibility studies relating to computer software
Providing electronic memory space on the Internet
Design and development of software in the field of mobile applications
Consultancy relating to the design and development of computer programs
Computer software consultancy
Computer programming for data processing
Design and development of computer software for logistics, supply chain management and e-business portals
Providing temporary use of web-based applications
Updating of software for data processing
Technical consultancy services relating to computer programming
Design, maintenance, development and updating of computer software
Hosting the computer sites (web sites) of others
Hosting services, software as a service, and rental of software
Design, maintenance, rental and updating of computer software
Software as a service [SaaS] services featuring software for machine learning, deep learning and deep neural networks
Computer rental and updating of computer software
Infrastructure as a Service [IaaS]
Consultancy in the field of software design
Design, development and implementation of software
Development of data processing programs by order of third parties
IT services
Hosting of mobile applications
Consulting in the field of cloud computing networks and applications
Cloud hosting provider services
Services for the design of electronic data processing software
Computer software technical support services
Developing and updating computer software
Advisory services in the field of product development and quality improvement of software
Design and development of computer software for logistics
Maintenance and repair of software
Computer programming and maintenance of computer programs
Consultancy and information services relating to software rental
Software design and development
Software as a service [SaaS]
Providing temporary use of on-line non-downloadable software for the management of data
Design of software for embedded devices
Software development
Rental and maintenance of computer software
Hosting platforms on the Internet
Data warehousing
Computer programming and software design
Development and maintenance of computer database software
Editing of computer programs
Providing temporary use of web-based software
Rental of software for data processing
Updating and maintenance of computer software and programs
Software development, programming and implementation, In particular container-based software
Rental of data processing programs
Cloud storage services for electronic data
Providing temporary use of on-line non-downloadable software for inventory management
Software customisation services
Rental of computer software and programs
Consulting services in the field of software as a service [SaaS]
Platform as a service [PaaS]
Hosting of Access Control as a Service (ACaaS) servers and software
Installation and customisation of computer applications software
Custom design of software packages
Software creation
Rental of computer software
Software engineering
IT consultancy, advisory and information services
Maintenance and updating of computer software
Custom design of software packages
Software design and development
Hosting of interactive applications
Hosting memory space on the Internet
Hosting computer sites [web sites]
Development, updating and maintenance of software and database systems
Computer services concerning electronic data storage
Software creation
Design, creation, hosting and maintenance of websites for others
Design, development and programming of computer software
Hosting of computerized data, files, applications and information
Brokerage of hosting services and software as a service [SaaS] services.
The mark was filed in class 45 with Licensing of computer software [legal services] and Licensing of computer software [legal services]..