The trademark S ARGUS was filed by Schwarz IT KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 24, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on February 23, 2022 by SOCIETE NOUVELLE D'ETUDES D'EDITIONS ET DE PUBLICITE SNEEP on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by STRATO-IP and its proceedings were handled in English The second opposition filed on February 21, 2022 by MNEMONIC AS on Likelihood of confusion. the opponent was represented by BOMHARD IP, S.L. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 12, 2023.
The Appeal with reference B R2510/2023-5 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on July 3, 2024 by the EUIPO. The Opposition with reference B 003164636 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Downloadable software
Databases
Computer databases
Application software for cloud computing services
Cloud computing software
Cloud servers
Cloud server software
Cloud network monitoring software
Downloadable cloud computing software
All the aforesaid goods in the field of cloud and colocation services and in particular not in the field of the automobile industry, and not in relation with the railway sector.
The mark was filed in class 42 with following description of goods:
Computer programming and software design
Technological services
Technological consultancy
Software design and software development
Maintenance of computer software
Technical consultancy
Design and development of operating software for computer networks and servers
Design and development of computer hardware, software and databases
Electronic data storage
Computer rental
Providing virtual computer environments through cloud computing
Cloud computing
Public cloud hosting provider service
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Private cloud hosting provider service
Cloud hosting provider services
Cloud storage services for electronic data
Cloud storage services for electronic files
Design and development of operating software for accessing and using a cloud computing network
Programming of operating software for accessing and using a cloud computing network
Consulting in the field of cloud computing networks and applications
Providing virtual computer systems through cloud computing
Rental of operating software for accessing and using a cloud computing network
Virtual hosting
Hosting computer sites [web sites]
Application service provider [ASP], namely, hosting computer software applications of others
Hosting and rental of memory space for websites
Hosting computer sites [web sites]
Hosting of computerized data, files, applications and information
Server hosting
Platform as a service [PaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Software as a service [SaaS]
Infrastructure as a Service [IaaS]
Electronic data storage and data back-up services
Electronic storage services for archiving databases
Consultancy and information services relating to computer system integration
Consultation services relating to computer systems
Data security services [firewalls]
Internet walled garden services
Repair and maintenance of software in computing centres
Rental of calculators
Rental of data centre facilities
Rental of computing capacities in computer centres
Rental of data processing carriers, Leasing of data processing systems
Installation, testing and maintenance of software in data/computer centres
Technical testing of hardware of computer centres and telecommunications installations
Technical planning of construction projects in the field of data/computer centres and server housing facilities
All the aforesaid services in the field of cloud and colocation services and in particular not in the field of the automobile industry, and not in relation with the railway sector.