The trademark up was filed by Up - unfolding potential GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 15, 2021, and received one opposition filed on October 17, 2021 by Upwork Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MITSCHERLICH, PATENT- UND RECHTSANWÄLTE, PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 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 35 with following description of goods:
Professional business consultancy
Advisory services for business management
Marketing consulting
Counselling on business matters
Personnel recruitment
Personnel consultancy
Personnel management
Placement of staff
Personnel management assistance
Personnel services
Human resources management and recruitment services
Employment agency services
Personnel selection [for others]
Personnel management and employment consultancy
Human resources consultancy
Evaluation of personnel requirements
Personnel management consultancy
Advisory services relating to personnel placement
Consultancy relating to the selection of personnel
Professional consultancy relating to personnel management.
The mark was filed in class 41 with following description of goods: