The trademark DAEX was filed by DAEX GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on November 16, 2021, and received one opposition filed on February 16, 2022 by ISS STOXX Index GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GRÜNECKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 16, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Deletion of the representative of the trademark registration was recorded on July 13, 2023.
The Opposition with reference B 003164335 was refused according to Article 8(1)(b) EUTMR with decision issued on July 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Utility Tokens [software]
Tokens [software]
Security tokens [encryption devices]
Computer software relating to the handling of financial transactions
Multi blockchain token software system
Computer software for cross blockchain transfers
Computer software for blockchain solutions
E-commerce and e-payment software
Computer software for blockchain technology
Computer software for blockchain technology and cryptocurrency
Computer software for developing, building, and operating consumer blockchain applications
Computer software for electronic trading of virtual currency
Computer software, namely, electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone and web based environment
Computer software for trading securities and assets
Day trading software
Downloadable cryptographic keys for receiving and spending cryptocurrency
Software for arranging online transactions
Computer software for facilitating payment transactions by electronic means
Mobile apps.
The mark was filed in class 35 with following description of goods:
Statistical analysis and reporting
Writing of business project reports
Provision of an online marketplace for buyers and sellers of goods and services
Presentation of financial products on communication media, for retail purposes
Compiling financial, securities, stock exchange, trade and quote, index value and other financial market information for business purposes.
The mark was filed in class 36 with following description of goods:
Online banking
Banking
Digital banking services
Financial and monetary services, and banking
Financial information, data, advice and consultancy services
Financing and funding services
Financial transfers and transactions and payment services
Investment transactions with cryptocurrency investment tools
Financial consultancy
Financial portfolio management
Asset and portfolio management
Provision of financial information in the field of portfolio management
Computerised financial services
Electronic funds transfer
Currency trading and exchange services
Conducting of financial transactions
Finance services
Exchange of financial operations (Agencies for the -)
Electronic financial trading services
Financial investment
Personal finance services
Finance services for natural persons
Financial services for companies
Financial services relating to business
Provision of financial services by means of a global computer network or the internet
Monetary services
Financial services via blockchain
Financial management via the Internet
Monetary affairs
Money exchange and transfer
Online real-time currency trading
Financial services provided via the Internet
Virtual currency transfer services
Virtual currency services
Virtual currency exchange
Financial transactions via blockchain
Currency transfer
Providing information and analysis via the Internet in the field of financial investments
Commodity exchange
Financial exchange
Investing of funds
Financing services relating to securities
Providing stock/securities market information
Financial asset management
Asset management services
Management of assets
Management of crypto assets
Securities and assets brokerage
Securities brokerage account services
Brokerage services relating to securities offering
Financial advisory services relating to assets management
Management of financial assets
Management of securities
Management of transferable securities
Investment services relating to transferable securities
Management of portfolios of securities
Securities brokerage
Trading in Securities
Automated securities brokerage
Securities settlement
Securities exchange services
Securities brokerage services
Securities trading services
Securities investment services
Securities and commodities trading services
Exchange services relating to the trading of commodities and securities
Electronic transfer of virtual currencies
Issuing tokens of value
Discount token services
Issuance and redemption of tokens of value
Issuing tokens of value in relation to incentive schemes
Issuing tokens of value as a reward for customer loyalty
Issuing tokens of value in the nature of gift vouchers
Issuing tokens of value as part of a customer membership scheme
Financial saving services
Electronic payment services
Financial payment services
Payment and credit services
Electronic wallet payment services
Processing of electronic payments
Financial transfers, transactions and payment services
Financial research services.
The mark was filed in class 42 with following description of goods:
Provision of research services
Providing temporary use of non-downloadable software for analysing financial data and generating reports
Technological research services
Data storage via blockchain
Data authentication via blockchain
Providing temporary use of online non-downloadable software for pro-cessing electronic payments
Providing temporary use of online non-downloadable software
Providing temporary use of online non-downloadable digital asset management software