The trademark NXT BOARDR M was filed by NXT Boardroom GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 21, 2022, and received one opposition filed on March 19, 2023 by Next Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 19, 2023
The application was filed in Danish, and Danish 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:
Business information services
Business development services, namely, providing start-up support for businesses of others
Providing office support services
Online business networking services
Administering group purchasing programs and other discount programs, namely negotiating with providers of insurance, banking, credit card processing, travel and transportation services, to enable participant members of a business community to obtain discounts on the purchase of those services from others
Computer-assisted business information and business research services
Business assistance and advice regarding business location
Arranging and conducting special events, namely sales, promotional and commercial events, fairs, exhibitions and shows, all for business purposes
Advertising
Business management
Business administration
Office functions
Providing a website in relation to blogs and non-downloadable publications in the nature of personal opinions, advice, reviews, and articles in the fields of business and entrepreneurship
Blogging services, namely, providing blogs and on-line journals in the fields of business and entrepreneurship
Business consulting
Business administration
Business consultancy services
Business advice relating to financial reorganisation
Consultancy regarding business organisation and business economics
Business consultancy relating to the administration of information technology
Business development
Marketing advisory services
Management advice
Advice and information concerning commercial business management
Advisory services (Business -) relating to the management of businesses
Business advice relating to growth financing
Marketing services
Marketing assistance
Marketing consulting
Marketing advice
Market segmentation consultation
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Organisation of trade fairs for commercial or advertising purposes
Business assistance, management and administrative services
Business analysis, research and information services
Trade show and exhibition services
Consultancy relating to business scalability
Business consultancy for growing businesses
Business consulting services in the areas of entity organization and growth strategies, funding, management of intellectual properties, marketing, talent management and business development strategies
Advertising and marketing services
Information and consultancy relating to the setting up and operation of enterprises, namely incubation services, funding strategy, growth strategy, innovation and growth processes, organisational transformation
Business consulting services in the field of managing intellectual properties
Business consulting services in the field of training
Management and business consulting services in the field of recruitment
Business management consulting and business advisory services in the areas of corporate growth strategy, innovation and growth processes, organizational transformation, and talent management and development strategies
Providing information in the field of economics
Business support services namely business consulting to freelancers, start-ups, existing businesses and non-profit organizations
Business consulting services namely providing assistance in development of business strategies and creative ideation
Advertising, marketing and promotion services for businesses
Compilation and systemization of information into computer databases
Providing an online searchable database in relation to employment and career opportunities and business, employment and professional recruitment queries and answers
Providing information about and making referrals concerning products, services, events and activities
Organizing and conducting job fairs
Job placement services, human resources consulting services
Business research and survey services
Monitoring services, namely tracking online references to businesses, organizations and business topics
Promoting the goods and services of others via computer and communication networks all being in relation to business-to-business and professional business services
Facilitating the exchange and sale of services and products of third parties via computer and communication networks all being in relation to business-to-business and professional business services
On-line retail store services, for the sale of merchandise to members and prospective members of a business organisation in the field of digital media, printed matter, stationery, office accessories, bags, games, toys and pins
Charitable services, namely promoting public awareness about charitable community service, and volunteer activities
Providing online career networking services and information in the fields of employment, recruitment, job resources, and job listings
Hosting of exhibitions, conferences and seminars for business purposes
Providing business information from searchable indices and databases of information, including text, electronic documents, databases, graphics and audio visual information , by means of global computer information networks or other communications networks.
The mark was filed in class 36 with following description of goods:
Leasing of temporary office space
Leasing of office space
Rental of office space
Rental of offices for co-working
Incubation services, namely, rental of office space to freelancers, start-ups, existing businesses and non-profits
Incubation services, namely, rental and leasing of work space containing business equipment and other office amenities to emerging, start-up and existing companies
Conducting financial feasibility analysis
Providing a website in relation to company profiles (financial information) entrepreneurs can use to attract venture capital
Venture capital (Services for the finding of -)
Venture capital services
Venture capital funding services to emerging and start-up companies
Rental of business premisses for business incubation and services, for education and training workshops and conferences, and for networking and consultation meetings for both resident tenants and non-resident members of the innovation community
Providing co-working facilities equipped with private offices, office equipment, mailroom, printing center, receptionist, kitchen, meeting rooms, telecommunications equipment and other office amenities
Incubation services, namely, providing work space containing business equipment and other amenities to emerging, start-up and existing companies
Financial sponsoring of seminars, presentations and discussion groups and providing training in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking.
The mark was filed in class 41 with following description of goods:
Entertainment and education services
Disseminating information in the fields of training, providing information in the field of education in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development , and networking, providing and hosting seminars, presentations and discussion groups and providing training in the fields of personal development, career development, relationship building, training, recruiting, business consulting, business development, and networking
Electronic publishing services for others
Electronic and online publishing services
Hosting of exhibitions, conferences and seminars and networking events for business, cultural and educational purposes
Organising and conducting online educational and training events including virtual meetings and seminars
Providing information in the field of personal development courses, namely educational information on self-improvement, self-fulfilment, charitable, philanthropic, volunteer, public and community services and humanitarian activities.
The mark was filed in class 42 with following description of goods:
Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking
Providing an online platform, namely a web-based on-line portal for members of a residential community to participate in social networking, engage in virtual communities, manage community membership, make rent payments, and sign up for and manage use of amenities such as library, media room, theater, gym, concierge, restaurants, cafes, kitchen
Computer services, namely, hosting on-line web facilities for others for organizing and conducting online introductions, meetings, gatherings and interactive discussions
Computer services, namely interactive hosting services which allow the user to publish and share their own content and images, and interact with others, on-line
Computer services, namely, on-site and remote management of IT systems
Installation, updating and maintenance of computer software
Rental of web servers
Server hosting
Technical support services, namely, troubleshooting of computer software problems
Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via the Internet or other communications networks
Hosting virtual communities for registered users to organize groups, events, participate in discussions, aggregate information and resources, and engage in social, business and community networking
Hosting of digital content online
Hosting computer software applications of others
Hosting an interactive website and online non-downloadable software for uploading, downloading, posting, showing, displaying, tagging, sharing and transmitting messages, comments, multimedia content, videos, movies, films, photos, audio content, animation, pictures, images, text, information, and other user-generated content
Providing a website in relation to non-downloadable software in the fields of business networking and marketing, employment, recruiting, advertising, marketing and promotion
Providing non-downloadable software enabling users to search, locate and communicate with others via electronic communications networks for networking, for conducting polls and surveys, for tracking online references to businesses, organizations, career and job opportunities, and business topics
Hosting online computer databases and online searchable databases in the fields of business and professional networking
Application service provider services
Providing temporary use of non-downloadable software
Computer services in the nature of customized web pages featuring user-defined information, personal profiles, audio and images
Scientific and industrial research
Computer programming
Computer services, namely, on-line personalized information services
Providing the use of software
Design and development of computer software for others
Creating and maintaining websites that provide an on-line community for advertising and marketing
Hosting an online website community for registered users to share information, photos, audio and video content and engage in communication and collaboration between and among themselves, to form groups and to engage in social networking.
The mark was filed in class 45 with following description of goods:
Online social networking services
Personal concierge services for others comprising making requested personal arrangements and reservations, running errands and providing customer specific information to meet individual needs, all rendered in residential complexes
Providing personal and social services to meet the needs of individuals, namely agency services for arranging personal introductions, internet-based social networking services, internet based personal introduction services, lost and found bureau services, on-line social networking services, providing authentication of personal identification information (identification verification services), Providing background check services
Social introduction and networking services
Licensing of computer software and other technology.