The trademark TWINIO was filed by Tapio GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2022, and received one opposition filed on July 28, 2022 by Twilio Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2022
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:
Bar code readers
LAN access points, Especially, LAN [local area network] access points for connecting network computer users
Operating system programs
Network operating system programs
Computer utility programs for data compression
Equipment for data communications and computer networking
Computer programs downloadable software
Computer programs for accessing, browsing and searching online databases
Computer programs and programs for data processing, data transmission and data evaluation, in particular data storage programs
Content access software
Data exit terminals
Databases
Computer database servers
Data compact discs
Data DVDs
Data collection apparatus
Data communications software
Data loggers and recorders
Data networks
Data transmission networks
Data storage devices
Data storage media
Apparatus for the transmission of data
Data communications apparatus
Data processing equipment
Data processing systems
Computer programmes for data processing
Encryption apparatus
Digital recording media
Digital data carriers, for use in relation to the following goods: Digital tools
Digital tool identity cards, namely, Flash memory cards
Electronic data carriers
Electronic sensors
Sensor controllers
Computer networking hardware
Computer hardware
Peripheral devices for data reproduction
Industrial software
Intelligent gateways for real-time data analysis
Interactive computer software enabling exchange of information
Interactive software based on artificial intelligence
Communications networks
Communication interface units
Communication software for connecting computer network users
Communication software for connecting global computer networks
Local area networks
Machine readable data carriers
Network-attached storage [NAS]
Two-dimensional code readers
Software apps for smartphones
Software (recorded)
Software for automated manufacturing [CAM]
Computer-aided manufacturing software
Computer-aided design (CAD) software
Software for database management
Mechanical engineering software
Software for the analysis of tool sharpening cycles
Software for communication between computers over a local network
Software for the digital management of tool sharpening cycles
Data compression software
Cloud network monitoring software
Computer software for administration of local area networks
Software for digital stock management and status management for tools
Software for digital tool management
GUI software
Software and applications for mobile devices
Software for documenting information relating to an article, a tool and/or a machine
Software for recording the inventories of consumables
Software for automatic dosage of consumables
Data searching software
Software for recording parameters of machine tools
Software for recording tension templates
Software for recording tool data
Software for creating data security keys
Computer software for preparing labels
Software for generating data codes, in particular two-dimensional codes
Software for authorising access to databases
Software for reducing timeouts
Industrial process control software
Software for managing access rights to information
Computer software for use in connection with industrial manufacturing and/or for production planning, in particular numerical control programs and machine tool operating programs
Computer software, in particular downloadable computer software for the transmission of data
Software applications for digital tool management
Software applications (downloadable)
Software applications for predictive maintenance
Network management control apparatus
Web-based software applications
Web-based software applications for tool management
Software for creating clear codes for tool tracking.
The mark was filed in class 35 with Providing of an online data marketplace.
The mark was filed in class 38 with following description of goods:
Data transmission
Remote data access services
Streaming of data
Data transmission services over telematic networks
Providing access to global computer networks and other computer networks
Provision of access to data or documents stored electronically in central files for remote consultation
Data broadcasting services
Data streaming
Electrical data transmission over a global remote data processing network, including the internet
Data transmission and data broadcasting
Transmission and exchange of electronic data
Electronic network communications and communication services for the electronic transmission of data
Telecommunications via computer terminals, by telematics, satellite, radio, telegraphy, telephone and data transmission services
Transmission of information via wireless or cable networks.
The mark was filed in class 42 with following description of goods:
Conversion of computer programs and data, other than physical conversion
Creating programmes for data processing
Rental of computers and computer software
Cloud computing
Software as a service [SaaS]
Updating of computer software
Data mining
Development of software for targeted data searching [in particular data mining]
Industrial analysis of data for planning and operating commercial and industrial installations
Consultancy and advisory services in the field of information technology [IT] and computer and information technology consultancy
Information technology consulting
Consultancy and information services relating to information technology architecture and infrastructure
Consultancy relating to man-machine interfaces and machine-machine interfaces for computer software
Consulting in the field of cloud computing networks and applications
Providing of online non-downloadable operating software for accessing and using a cloud computing network
Providing of a full line of online non-downloadable business and application software
Providing information in the fields of computers, computer software, computernetworks and the development and operation of computer systems, software andnetworks
Providing on-line non-downloadable software for operating and maintaining computer networks and servers
Providing on-line non-downloadable software for software development and website development
Development and testing of computing methods, algorithms and software
Technical data analysis services
Design and development of electronic data security systems
Computer security services in the nature of administering digital certificates
Data migration services
Data security services
Software engineering
Data encryption services
Software design and development
Design, Development, Relating to the following sectors: networks, Network software, network applications
Design of homepages and websites
Application service provider services
Information technology support services
Development of computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam)
Development of computer based networks
Development of data processing apparatus
Design and development of computer hardware for the manufacturing industry
Design and development of computer software for controlling and operating of numerically-controlled machine tools
Design of computer cluster configurations, hosting computer sites [web sites], server hosting, webhosting
Provision of information relating to information technology
Research in the field of data processing technology
Designing and implementing network web pages for others
Hosting of online market places for sellers of goods and/or services
Implementation, installation, maintenance and updating of computer software
Engineering services relating to information technology and research in the field of information technology
Engineering services relating to the designing of machine tools and designing of data processing programmes and software for use on or in connection with numerically-controlled machine tools
Engineering services for the analysis of machinery
IT services
IT project management
Customer-specific creation of computer software
Customized design of computer hardware and software, Customised development of computer hardware and computer software
Providing on-line non-downloadable software for database management
Programming of operating software for accessing and using a cloud computing network
Process monitoring for quality assurance
Software engineering services for data processing programs
Leasing computer facilities
Platform as a service (PaaS)
Design and development of computer systems for documenting information relating to an article, a tool and/or a machine
Design and development of software for managing access rights to information, design and development of data security systems
Design and development of software for creating data security keys
Design and development of software for recording and regulating the use of consumables
Design and development of software for digital tool and material management including the life cycle of a tool
Electronic storage of files, documents and databases
Storage of data in the cloud
Providing of computer installations for the electronic storage and ordering of digital data
Providing of a platform for exchanging data between machines, tools, software manufacturers and manufacturers
Providing of a platform for exchanging data between data providers and data consumers in manufacturing processes.